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Planning appeal decision

Dismissed17 November 20213274059

84 Lower Ham Road, Kingston Upon Thames, KT2 5BB

Planning appeal 3274059 at 84 Lower Ham Road, Kingston Upon Thames, KT2 5BB (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: 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 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

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
O'Connor H
Postcode
KT2 5BB

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.

What the Inspector cited

Development plan policies
Policy HC1Policy D3Policy D6Policy SI12Policy DM4Policy DM10Policy DM11Policy DM12Policy Guidance 2Policy Guidance 14Policy Guidance 16
National Planning Policy Framework
Paragraph 11Paragraph 124Paragraph 127Paragraph 130Paragraph 163Paragraph 167Paragraph 189Paragraph 194Paragraph 196Paragraph 199Paragraph 200Paragraph 202

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.

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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

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  3. Dismissed8 October 20266014049
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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.