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Planning appeal decision

Dismissed22 March 20243324702

38 Clarence Street,, Kingston Upon Thames, KT1 1NR

Planning appeal 3324702 at 38 Clarence Street,, Kingston Upon Thames, KT1 1NR (Royal Borough of Kingston Upon Thames) was dismissed on 22 March 2024 by Inspector Pattison B, by written representations. The main issue, as the Inspector framed it: whether the proposal represents an acceptable form of development having regard to its flood zone location and the provisions of the development plan.

construction of a single storey extension at roof level comprising 5 no. self-contained residential flats (Use Class C3), including provision of new residential access, cycle parking and associated works

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Pattison B
Postcode
KT1 1NR

Main issues, as the Inspector framed them

  • whether the proposal represents an acceptable form of development having regard to its flood zone location and the provisions of the development plan
  • whether or not the proposal makes adequate provision for family housing, taking account of the relevant policies of the development plan, the location of the site and the housing needs of the borough
  • the effect of the proposals on the character and appearance of the area, including the effect on the significance and character of 40c Clarence Street
  • the effect of the proposal on the living conditions of future occupiers of the proposal with particular regard to the provision of communal amenity space, and outlook in the event of future development at the adjoining site
  • whether the proposal would provide future occupiers with adequate living conditions having regard to the design and location of the main residential entrance
  • the effect of the proposed car parking provision on highway safety
  • whether the proposal can demonstrate compliance with fire safety standards

What decided it

The proposal's failure to satisfy the Sequential Test for flood risk, combined with the absence of family housing provision and lack of communal amenity space, resulted in harm that significantly and demonstrably outweighed the benefits of housing delivery.

the harm identified in respect of flooding, housing mix and communal amenity space weighed very heavily against the proposals, and the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits of housing supply and efficient land use

What the Inspector cited

Development plan policies
Policy DM4Policy DM10Policy DM11Policy DM12Policy DM13Policy CS8Policy D3Policy D5Policy D6Policy D11Policy D12Policy HC1Policy SI12Policy T6
National Planning Policy Framework
Paragraph 11Paragraph 135Paragraph 168Paragraph 209
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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More decisions in Royal Borough of Kingston Upon Thames

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

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  4. Allowed11 August 20266010924
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  5. Dismissed3 August 20266007703
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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.