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Planning appeal decision

Dismissed24 January 20243306090

22 Oatlands Avenue, Weybridge, KT13 9TN

Planning appeal 3306090 at 22 Oatlands Avenue, Weybridge, KT13 9TN (Elmbridge Borough Council) was dismissed on 24 January 2024 by Inspector Pattison B, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area.

12no. flats (9no. x 1 bed and 3no. x 2 bed) within two detached two storey buildings with rooms in the roofspace with associated parking, landscaping, refuse and cycle storage areas following the demolition of the existing dwellinghouse

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Pattison B
Postcode
KT13 9TN

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • the living conditions of occupiers of neighbouring properties, with particular reference to outlook for the occupiers of 12 and 24a Oatlands Avenue
  • trees surrounding the site
  • whether the proposed development would make an appropriate affordable housing contribution

What decided it

The combined adverse impacts on character and appearance, neighbouring living conditions, protected trees and affordable housing provision significantly and demonstrably outweigh the benefits of housing delivery, even under the tilted balance applicable where the Council cannot demonstrate a 5-year housing land supply.

The benefits of 11 net additional homes and efficient use of brownfield land with high-quality building standards were outweighed by the significant adverse impacts on character and appearance, the unacceptable harm to neighbouring occupiers' outlook, detriment to a protected tree, and failure to provide policy-compliant affordable housing.

What the Inspector cited

Development plan policies
Policy CS1Policy CS4Policy CS14Policy CS15Policy CS17Policy CS21Policy DM2Policy DM6Policy DM10Policy DM21
National Planning Policy Framework
Paragraph 11Paragraph 64Paragraph 135Paragraph 136Paragraph 139
Judgments
Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

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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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.