The Development and Planning Applications Committee of Merton Council met on Thursday 14 November 2024, granting permission for outbuildings at two properties on Pitt Crescent, Wimbledon Park, subject to legal agreements. The committee also noted reports on planning appeal decisions and enforcement cases, and discussed the introduction of the New Local Plan.

Pitt Crescent Outbuildings Approved with Legal Agreements

The committee granted permission for the retention of outbuildings at 10 Pitt Crescent, Wimbledon Park, SW19 8HS, and 8 Pitt Crescent, Wimbledon Park, London, SW19 8HS. Both applications were for outbuildings intended for use ancillary to the main dwellinghouses, including cooking and sleeping accommodation. Crucially, permission was granted subject to the applicant entering into a legal agreement to prevent the outbuildings from being used as self-contained residential units.

During the discussion for 10 Pitt Crescent, objectors raised concerns that the property was not being used as a family home, citing the presence of non-family members and an external laundry room. They argued that the outbuilding constituted overdevelopment and set a precedent for the area, questioning the necessity of such extensive space for a family of four. Councillor Jil Hall echoed these concerns, highlighting the difficulty of enforcing legal agreements and the potential for the properties to be used as unlicensed Houses in Multiple Occupation (HMOs). Planning Officers explained that legal agreements, unlike planning conditions, carry more weight and are harder to challenge, with potential sanctions including injunctions. They also clarified that while the definition of ancillary use had evolved, the legal agreement would ensure the outbuildings remained subservient to the main dwelling. The vote was 8 in favour, 2 against, with 0 abstentions.

Similar concerns were raised regarding the application for 8 Pitt Crescent. Objectors presented evidence suggesting the outbuilding was already being used as a separate dwelling, accessed via a shared keypad gate and an independent laundry room. They argued that the properties at 8 and 10 Pitt Crescent should be considered a single site, given the shared ownership and the applicant's background as a builder. Councillor Hall reiterated her concerns about enforcement and the potential for unlicensed HMOs, noting that neither outbuilding had an appropriate address or separate utility bills. Planning Officers reiterated that the approach of requiring a legal agreement provided the strongest possible position should enforcement action be necessary. The vote was 7 in favour, 3 against, with 0 abstentions.

Planning Appeal Decisions Noted

The committee noted the contents of the report detailing recent decisions made by Planning Inspectors. This included the allowance of an appeal for a single-storey extension at 66 Central Road, Morden, and the dismissal of appeals for a motor repair and car sales business at 225 Streatham Road, Streatham, and for the erection of a two-storey rear addition to provide three self-contained flats at 247 Northborough Road, Streatham. Other dismissed appeals included an unauthorised change of use at Burn Bullock, 315 London Road, Mitcham; the erection of a single-storey dwelling at 1a Kenley Road, Merton Park; and the erection of two additional storeys to provide six flats at 101 Christchurch Road, Colliers Wood. Appeals were also dismissed for the installation of an advertised communication hub unit with a defibrillator at 19 The Broadway, Wimbledon; the demolition and replacement with two semi-detached dwellings at 1 Castle Way, Wimbledon; the creation of a roof terrace at 14A Finborough Road, Tooting; and the felling of protected trees at 21 Southdown Drive, West Wimbledon. Conversely, an appeal was allowed for a single-storey front, side, and rear extension at 18 Litchfield Avenue, Morden, and an appeal was withdrawn for the conversion of an existing dwelling to flats at 200 Manor Road, Mitcham.

Planning Enforcement Summary

The committee received a summary of the Planning Enforcement Team's casework. The report indicated 260 current enforcement cases, with 30 new complaints received and 20 cases closed during the reporting period. Five new enforcement notices were issued, including one Breach of Condition Notice and three Enforcement Notices. The report also highlighted ongoing legal action against 8 Dahlia Gardens for the unauthorised construction of an upper-floor extension to an outbuilding, with potential prosecution for non-compliance. A successful prosecution case at 7 Streatham Road, Mitcham, resulted in significant fines totalling £30,961 for non-compliance with two enforcement notices relating to an unauthorised outbuilding and roof extension. The report also noted that 5 out of 7 recent appeals on enforcement notices were successful, including one where the conversion of a garage to a dwellinghouse at 101 Garth Road was allowed, with the inspector considering it ancillary to the main dwellinghouse.

New Local Plan Introduction

The committee discussed the introduction of the New Local Plan. The Programme Manager presented the plan, which sets out an overall vision, strategic objectives, and a delivery strategy for the area's development until 2038. Key points raised during the discussion included the inclusion of new policies on HMOs, the legal obligation to review plans every five years, and the development of design codes for specific sites. The committee considered several recommendations, ultimately refusing recommendations C and D, which related to tall buildings and biodiversity net gain respectively. They voted to recommend to Full Council that Merton's Local Plan and Policies Map be adopted, replacing the Core Planning Strategy 2011 and Sites and Policies Plan 2014.

Glossary of Terms

The committee noted the glossary of terms provided, which defines various planning-related terminology.