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Planning appeal decision

Planning permission granted18 March 20243328934

47 Thames Street, Weybridge, KT13 8JG

Planning appeal 3328934 at 47 Thames Street, Weybridge, KT13 8JG (Elmbridge Borough Council) was allowed on 18 March 2024 by Inspector Hocking P, following a hearing. The main issue, as the Inspector framed it: The main issue is the effect of the development on the living conditions of neighbouring occupiers.

Within the last ten years and without planning permission, the material change of use of a warehouse (B8) to a residential use (C3) and the raising of the height of the wall on the northern flank of the first-floor rear projection and the installation of an external plant on the ground floor

Authority
Elmbridge Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Change of use
Inspector
Hocking P
Postcode
KT13 8JG

Main issues, as the Inspector framed them

  • The main issue is the effect of the development on the living conditions of neighbouring occupiers.

What decided it

The Inspector found that the residential use had been lawfully completed under an unconditioned-in-time prior approval, and that the wall and plant caused no unacceptable harm to neighbouring living conditions, subject to a noise condition.

What the Inspector cited

Development plan policies
Policy DM2Policy DM5Policy DM8Policy CS17
Judgments
Gravesham BC v SSE & O’Brien [1983] JPL 306; Impey v SSE & Lake District SPB [1981] JPL 363, [1984] 47 P&CR 157; RSBS Developments Ltd v SSHCLG [2020] EWHC 3077 (Admin); R (on the Application of Midcounties Co-Operative Limited) v Wyre Forest District Council [2009] EWHC 964 (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.

See how each was applied

The decision letter

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More decisions in Elmbridge Borough Council

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

  1. Allowed29 May 20266005850
    8-14 Oatlands Drive, Weybridge, Surrey, KT13 9JL
  2. Dismissed28 May 20266005939
    Nicholson House, 41 Thames Street, Weybridge, KT13 8JG
  3. Allowed4 March 20263374058
    Warehouse , Thames Street, Weybridge, Surrey, KT13 8JG
  4. Allowed25 February 20263370275
    3 Green Lane, Cobham, Surrey, KT11 2NN
  5. Allowed13 February 20263375381
    7 Monks Avenue, West Molesey, KT8 2HD

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.