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Planning appeal decision

Dismissed25 July 20243336328

49 Lower Kings Road, KINGSTON UPON THAMES, KT2 5JA

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

Authority
Royal Borough of Kingston Upon Thames
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Caines A

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.

Framework references: 135, 11

Plan policies cited: Policy D3 of the London Plan 2021, Policy DM10 of the Royal Borough of Kingston Upon Thames Local Development Framework Core Strategy 2012, Policy D6 of the London Plan 2021, Policy D11 of the London Plan 2021, Policy SI12 of the London Plan 2021, Policy DM4 of the Royal Borough of Kingston Upon Thames Local Development Framework Core Strategy 2012, Policy DM9 of the Royal Borough of Kingston Upon Thames Local Development Framework Core Strategy 2012, Policy T5 of the London Plan 2021, Policy DM8 of the Royal Borough of Kingston Upon Thames Local Development Framework Core Strategy 2012

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.