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Planning appeal decision

Dismissed20 December 20213269510

Kingsmeadow Fitness And Athletics Centre Kingsmeadow Stadium , 422A Kingston Road, Kingston Upon Thames, KT1 3PB

Planning appeal 3269510 at Kingsmeadow Fitness And Athletics Centre Kingsmeadow Stadium , 422A Kingston Road, Kingston Upon Thames, KT1 3PB (Royal Borough of Kingston Upon Thames) was dismissed on 20 December 2021 by Inspector Pleasant L, by written representations. The main issue, as the Inspector framed it: Whether the Council's deemed refusal to grant a Certificate of Lawful Use or Development would have been well founded.

the installation of a storage container

Authority
Royal Borough of Kingston Upon Thames
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Major general industry/storage/warehousing
Inspector
Pleasant L
Postcode
KT1 3PB

Main issues, as the Inspector framed them

  • Whether the Council's deemed refusal to grant a Certificate of Lawful Use or Development would have been well founded

What decided it

The storage container, assessed against the legal tests of size, permanence, and physical attachment, constitutes a building operation requiring planning permission and does not benefit from permitted development rights.

What the Inspector cited

Judgments
Skerritts of Nottingham Limited v Secretary of State for the Environment, Transport and the Regions [2000] 2 P.L.R. 102; R (Save Wooley Valley Action Group Ltd) v Bath and North East Somerset Council [2012] EWHC 2161 (Admin)

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 applied

The decision letter

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More decisions in Royal Borough of Kingston Upon Thames

The authority’s record since 2016 · every decision in 2021

  1. Allowed23 October 20266014767
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  2. Dismissed16 October 20266005462
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  3. Dismissed8 October 20266014049
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  4. Dismissed7 October 20266011912
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  5. Dismissed6 October 20266009912
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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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