Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed10 November 20223293499

Elegance & Beauty, 227 Kingston Road, NEW MALDEN, KT3 3SS

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

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.

Plan policies cited: Policy DM21 of the Royal Borough of Kingston Core Strategy (2012), Policy E9 of the London Plan (2021)

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.