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Planning appeal decision

Allowed24 May 20243318074

Red Thorns, 98 Westbury Road, New Malden, KT3 5AN

Planning appeal 3318074 at Red Thorns, 98 Westbury Road, New Malden, KT3 5AN (Royal Borough of Kingston Upon Thames) was allowed on 24 May 2024 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: whether No 98 and 98A Westbury Road form single or separate planning units.

described as the ‘change of use from C3 dwelling to C2 but a C2 use that is not materially different to a C3(b) for use of premises as a home for up to six children or young people with up to 1 full-time carer sleeping overnight

Authority
Royal Borough of Kingston Upon Thames
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Jones R
Postcode
KT3 5AN

Main issues, as the Inspector framed them

  • whether No 98 and 98A Westbury Road form single or separate planning units
  • whether the proposed use would fall within Class C3(b) or C3(c) of the Use Classes Order
  • if not, whether the use falls within Class C2 and, if so, whether that use would be materially different to a Class C3 use
  • whether the use falls within Class C4

What decided it

The proposed Class C2 use would not result in a material change of use from the existing Class C3 use as a dwellinghouse because the mode of care, occupancy levels, visitor patterns, and physical characteristics would be unlikely to generate significantly different activities from those of a large seven-bedroom family dwelling.

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More decisions in Royal Borough of Kingston Upon Thames

The authority’s record since 2016 · every decision in 2024

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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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