®Planning appeal decision
229-255 and 277-279, Kingston Road , New Malden , Greater London , KT3 3SW
Planning appeal 3268483 at 229-255 and 277-279, Kingston Road , New Malden , Greater London , KT3 3SW (Royal Borough of Kingston Upon Thames) was dismissed on 17 November 2021 by Inspector O'Connor H, by written representations. The main issue, as the Inspector framed it: Whether the condition is necessary and reasonable having regard to the likely impact from noise on the living conditions of future occupants and any consequences for the commercial use of the adjacent land having regard to the Agent of Change principle in local and national planning policies.
redevelopment of the site to provide 297 residential units in buildings ranging from 4 to 7 storeys, with 207 sqm commercial space (A1, A2, A3, A4, B1 and D1) at ground floor, 123 car parking spaces (including car club and accessible provision); communal landscaped amenity areas, secure cycle parking, stopping up of Avenue Terrace and other associated development without complying with a condition attached to planning permission Ref 19/01228/FUL, dated 29 May 2020
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- O'Connor H
- Postcode
- KT3 3SW
Main issues, as the Inspector framed them
- Whether the condition is necessary and reasonable having regard to the likely impact from noise on the living conditions of future occupants and any consequences for the commercial use of the adjacent land having regard to the Agent of Change principle in local and national planning policies
What decided it
The agent of change principle in national and local policy requires the new residential development to provide mitigation to protect the existing industrial use from unreasonable restrictions, and allowing openable windows would create an expectation among residents that could curtail future economic activities at the adjacent site.
The condition strikes a reasonable balance between safeguarding the living conditions of residents close to the adjacent commercial uses whilst protecting the continued use and future growth of industrial land in the LSIS.
What the Inspector cited
- Development plan policies
- Policy D13 of the London Plan 2021Policy DM10(k) of the Core StrategyCore Strategy April 2012
- National Planning Policy Framework
- Paragraph 187Paragraph 56
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.