®Planning appeal decision
49 Lower Kings Road, Kingston Upon Thames, KT2 5JA
Planning appeal 3336328 at 49 Lower Kings Road, Kingston Upon Thames, KT2 5JA (Royal Borough of Kingston Upon Thames) was dismissed on 25 July 2024 by Inspector Caines A, by written representations. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the area.
conversion of vacant nursery (Use Class E) including erection of first floor rear extension, 4no. side dormer roof extensions with installation of 10no. side rooflights to facilitate loft conversion, to provide 5no. residential units (comprising 2 x 3bed duplex flats, 1 x 2bed duplex flat, 1 x 1bed duplex flat and 1 x 2 bed flat) with associated parking and refuse
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Caines A
- Postcode
- KT2 5JA
Main issues, as the Inspector framed them
- The effect of the development on the character and appearance of the area
- The suitability of the development in terms of flood risk
- Whether the development would provide its occupants with satisfactory living conditions, with particular regard to outdoor amenity space, outlook, and light
- The effect on availability of on-street parking in the surrounding area
- Whether the development would make suitable provision for cycle parking
What decided it
The harm in relation to flood risk is sufficient reason to reject the proposal under paragraph 11(d)(i) of the Framework, as policies protecting areas at risk of flooding provide a clear reason for refusal and the presumption in favour of sustainable development does not apply.
The moderate weight given to public benefits of new dwellings and economic benefits was substantially outweighed by the very heavy weight of harm relating to character and appearance, flood risk, living conditions, and parking provision.
What the Inspector cited
- Development plan policies
- Policy D3 of the London Plan 2021Policy DM10 of the Royal Borough of Kingston Upon Thames Local Development Framework Core Strategy 2012Policy D6 of the London Plan 2021Policy D11 of the London Plan 2021Policy SI12 of the London Plan 2021Policy DM4 of the Royal Borough of Kingston Upon Thames Local Development Framework Core Strategy 2012Policy DM9 of the Royal Borough of Kingston Upon Thames Local Development Framework Core Strategy 2012Policy T5 of the London Plan 2021Policy DM8 of the Royal Borough of Kingston Upon Thames Local Development Framework Core Strategy 2012
- National Planning Policy Framework
- Paragraph 135Paragraph 11
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 appliedThe decision letter
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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.