®Planning appeal decision
229-255 and 277-279, Kingston Road , New Malden , Greater London , KT3 3SW
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
- Authority
- Royal Borough of Kingston Upon Thames
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- O'Connor H
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.
Framework references: 187, 56
Plan policies cited: Policy D13 of the London Plan 2021, Policy DM10(k) of the Core Strategy, Core Strategy April 2012
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.