Planning appeal decision
Charter Court , Linden Grove , New Malden , KT3 3BL
Planning appeal 3266886 at Charter Court , Linden Grove , New Malden , KT3 3BL (Royal Borough of Kingston Upon Thames) was dismissed on 5 November 2021 by Inspector Britnell S, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area.
the demolition of 13no. existing garages and the construction of 4no. new houses, 4no. parking spaces and associated communal landscaping
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Britnell S
- Postcode
- KT3 3BL
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.
What the Inspector cited
- Development plan policies
- CS8DM10DM11London Plan Policy D3London Plan Policy D6London Plan Policy T4London Plan Policy D11London Plan Policy H1London Plan Policy H2
- National Planning Policy Framework
- Paragraph 11Paragraph 130Paragraph 111
- Judgments
- Bernard Wheatcroft Ltd v SSE [JPL, 1982]
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision


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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.
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