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Dismissed10 November 20223293499

Elegance & Beauty, 227 Kingston Road, New Malden, KT3 3SS

Planning appeal 3293499 at Elegance & Beauty, 227 Kingston Road, New Malden, KT3 3SS (Royal Borough of Kingston Upon Thames) was dismissed on 10 November 2022 by Inspector Pattison B, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the health of children, having regard to the proximity of the appeal site to a local school.

change of use from A1 retail unit, to sui generis fast food take away, with extraction flue to the side of the property

Authority
Royal Borough of Kingston Upon Thames
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Pattison B
Postcode
KT3 3SS

Main issues, as the Inspector framed them

  • The effect of the proposed development on the health of children, having regard to the proximity of the appeal site to a local school

What decided it

The appeal site is within 400 metres walking distance of a primary school, and Policy E9 of the London Plan prohibits takeaway uses at such locations to protect children's health, which cannot be overcome by economic or community benefits.

What the Inspector cited

Development plan policies
Policy DM21 of the Royal Borough of Kingston Core Strategy (2012)Policy E9 of the London Plan (2021)

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 2022

  1. Allowed23 October 20266014767
    13 Hawks Road, Kingston Upon Thames, KT1 3DS
  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.

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.