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Planning appeal decision

Dismissed11 March 20243326553

Elementis House,, 56 Kingston Road, STAINES-UPON-THAMES, TW18 4NL

the construction of three-storey building above car park to form two HMO's

Authority
Spelthorne Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
De Freitas Terceiro P

Main issues, as the Inspector framed them

  • the effect of the proposed development on the character and appearance of the area (Appeals A and B)
  • whether the proposed development would provide acceptable living conditions for future occupiers with particular regard to outlook, sunlight and communal space (Appeal A only)
  • whether the proposed development would provide acceptable living conditions for future occupiers with particular regard to outlook and entrance arrangements (Appeal B only)

What decided it

The substantial harm to character and appearance of the area and poor living conditions for future occupiers significantly and demonstrably outweighed the moderate benefits of housing delivery under the tilted balance.

the moderate benefits of housing delivery and meeting housing need were significantly and demonstrably outweighed by the substantial harm to character and appearance and poor living conditions for future occupiers

Framework references: 11

Plan policies cited: Policy EN1 of the Core Strategy and Policies Development Plan Document 2009

Judgments cited: Mansell v Tonbridge and Malling BC & others [2017] EWCA Civ 1314

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.