Town Planner Pro
Search appeal decisions

Planning appeal decision

Allowed14 November 20233311060

The Bungalow, Browns Road, Kingston Upon Thames, SURBITON, KT5 8ST

demolition of existing dwelling and erection of replacement dwelling of similar scale and footprint

Authority
Royal Borough of Kingston Upon Thames
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Williams K

Main issues, as the Inspector framed them

  • whether the proposed development would preserve or enhance the character or appearance of the Fishponds Conservation Area
  • the effect of the proposed development upon trees
  • whether the proposal can demonstrate compliance with fire safety standards

What decided it

The Council's inability to demonstrate a five-year housing land supply engaged the tilted balance under paragraph 11 of the Framework, and no adverse impacts were identified that would significantly and demonstrably outweigh the benefits of the proposal.

The modest benefits of delivering a replacement dwelling and short-term economic benefits during construction, together with the absence of any identified adverse impacts that would significantly and demonstrably outweigh these benefits when assessed against the Framework policies as a whole, tipped the balance in favour of allowing the appeal.

Framework references: 202, 11, 56, 180

Plan policies cited: CS8, DM10, DM11, DM12, HC1, D3, G4, G6, G7, D12(A)

Judgments cited: Bernard Wheatcroft Ltd v Secretary of State for the Environment (1982) JLP 37; Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

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.