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Planning appeal decision

Dismissed17 November 20213274059

84 Lower Ham Road, KINGSTON UPON THAMES, KT2 5BB

the demolition of the existing 3-storey building, previously converted into 2 flats, and the erection of a 4 storey building comprising 7 flats with associated basement accommodation, car parking and reconfigured access

Authority
Royal Borough of Kingston Upon Thames
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
O'Connor H

Main issues, as the Inspector framed them

  • The effect of the proposal on the character and appearance of the area, including trees and whether the character or appearance of the Riverside North Conservation Area would be preserved or enhanced
  • The living conditions of existing residents at neighbouring buildings having regard to privacy
  • Whether satisfactory living conditions would be created for future occupants having regard to the provision of outdoor space
  • Flood risk
  • If harm arises, whether this is outweighed by other material considerations

What decided it

The permanent harm to the significance of the Riverside North Conservation Area through loss of a building that positively contributes to its character, combined with unacceptable privacy harm to neighbouring residents and inadequately demonstrated flood risk mitigation, outweighed the moderate benefits of housing delivery.

The moderate weight given to the benefits of 5 additional dwellings and efficient use of previously developed land did not outweigh the great weight attributed to harm to the designated heritage asset, the significant harm to neighbouring residents' privacy, and the failure to adequately demonstrate flood risk mitigation; the tilted balance was not engaged due to clear reasons for refusal in heritage and flood risk policies.

Framework references: 11, 124, 127, 130, 163, 167, 189, 194, 196, 199, 200, 202

Plan policies cited: Policy HC1, Policy D3, Policy D6, Policy SI12, Policy DM4, Policy DM10, Policy DM11, Policy DM12, Policy Guidance 2, Policy Guidance 14, Policy Guidance 16

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.