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Planning appeal decision

Dismissed5 November 20213266886

Charter Court , Linden Grove , New Malden , KT3 3BL

the demolition of 13no. existing garages and the construction of 4no. new houses, 4no. parking spaces and associated communal landscaping

Authority
Royal Borough of Kingston Upon Thames
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Britnell S

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • whether the proposal would provide adequate living conditions for future occupants, with particular regard to private outdoor amenity space, outlook and daylight and sunlight
  • the effect of the proposal on parking and highway safety and whether it would provide adequate access for refuse and emergency vehicles
  • the effect of the proposal on the living conditions of the occupants of Nos.82–88 Charter Court, with particular regard to privacy

What decided it

The significant harm to character and appearance, inadequate living conditions for future occupants, and harm to parking and highway safety were not outweighed by the limited housing benefits of four dwellings in the context of the tilted balance.

The adverse impacts of granting planning permission (harm to character and appearance, inadequate living conditions for future occupants, harm to parking and highway safety) significantly and demonstrably outweighed the benefits (contribution to housing supply, family-sized dwellings, use of previously developed land, and economic benefits), when assessed against the policies in the Framework taken as a whole.

Framework references: 11, 130, 111

Plan policies cited: CS8, DM10, DM11, London Plan Policy D3, London Plan Policy D6, London Plan Policy T4, London Plan Policy D11, London Plan Policy H1, London Plan Policy H2

Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL, 1982]

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.