Planning appeal decision
35-37 Old London Road, Kingston Upon Thames, KT2 6ND
Planning appeal 3298545 at 35-37 Old London Road, Kingston Upon Thames, KT2 6ND (Royal Borough of Kingston Upon Thames) was dismissed on 30 March 2023 by Inspector Bowyer J, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the host buildings and on the Old London Road Local Area of Special Character, all of which are non-designated heritage assets.
change of use of existing retail units from sui generis to Class E. Erection of extensions and alterations to 35-37 Old London Road and the erection of a new three-storey building to the rear to provide 11 (net) residential dwellings (12 in total) and a replacement 125 sqm of Class E commercial space
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Bowyer J
- Postcode
- KT2 6ND
Main issues, as the Inspector framed them
- the effect of the proposal on the character and appearance of the host buildings and on the Old London Road Local Area of Special Character, all of which are non-designated heritage assets
- whether or not living conditions for occupiers of the development would be satisfactory with regard to the provision of internal space, external amenity space and sunlight
- the effect of the proposal on the safe and efficient operation of the highway network in the vicinity of the appeal site with regard to provision for parking
- whether or not the dwellings would be adequately accessible and inclusive, including with regard to provision of disabled persons' parking
- whether or not the proposal would make adequate provision for affordable housing
- whether or not the proposal would make adequate provision for urban greening and to reduce carbon emissions
- whether or not the proposal would make adequate provision for cycle storage
- the effect of the proposal on the supply of employment floorspace
- whether or not the proposal would make adequate provision for dwellings of an appropriate mix of sizes
What decided it
The cumulative adverse impacts of the development, particularly the harm to heritage assets and character, inadequate living conditions, highway safety concerns, and failure to secure affordable housing, significantly and demonstrably outweighed the benefits of housing delivery and efficient site use when assessed against the Framework's policies taken as a whole.
The benefits of housing delivery on a previously developed accessible site and improved commercial space provision were outweighed by the cumulative adverse impacts including harm to heritage assets and character, inadequate living conditions, highway safety detriment, failure to secure affordable housing, and inadequate accessibility provision.
What the Inspector cited
- Development plan policies
- Policy DM10Policy DM12Policy DM13Policy DM15Policy DM17Policy DM19Policy DM8Policy DM9Policy DM3Policy D6Policy D7Policy T6Policy T6.1Policy H4Policy H5Policy SI2Policy G5
- National Planning Policy Framework
- Paragraph 11
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 appliedThe decision letter
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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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