Paul G Tucker QC & Constanze Bell Secure Permission for 456 New Homes in the London Borough of Merton

Planning Inspector Board has allowed an appeal against refusal of planning permission for 456 new homes in New Malden, London Borough of Merton. The main issues on appeal were: the effect of the scheme on character and appearance of the area, appropriate parking provision and 5 year housing land supply. 

The appeal scheme proposed two blocks of development ranging in height between seven and 15 storeys and comprising 456 new homes, office space and associated development. 

In a decision that will be of interest to those interested in ‘gentle density’ in London, Inspector Board concluded that the degree of change, in terms of the height of the scheme, would be high but that the change would be contextual and not harmful or out of place. The Inspector considered that the scale of the buildings would be broken down through the use of stepping of the built form, articulation, detailing of the elevations and use of a distinctive roof scape. Whilst the appeal scheme  building would be taller and more visually prominent than the existing building, it would be well designed and good quality and as such it would not represent a harmful change to the view. 

Further, the scheme would make appropriate provision for car parking and the Council did not have a 5 year housing land supply such that para. 11(d) of the Framework was engaged. In the final planning balance, despite some limited conflict with policy and some limited harm there was a ‘totality of compliance’ with development plan policies and benefits arising from the scheme which attracted substantial weight. 


Paul & Stanzie were instructed by Jonathan Murch of DaviesMurch

The appeal decision has been covered in more detail in Planning Magazine.


The Appellant called the following expert witnesses: 

Planning: Jonathan Murch MA TCP, MRTPI – Director, DaviesMurch

Transport: Mike Savage BEng MSc MCIHT – Director, Arup

Urban Design: Colin Pullan BA(hons) DipUD – National Head of Masterplanning and Urban Design, Lambert Smith Hampton

Architecture (if required): Simon Bacon BA Arch Dip Arch ARB – Director of TP Bennett LLP

Energy: Matthew Bailey BA (hons) MSc CEnv MEI – Director, Hodkinson

Flood Risk: Daniel Cook BSc (hons) MSc MEI ­– Team Leader/ Manager, Ambiental Environmental Assessment



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