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Planning appeal decision

Dismissed23 July 20243337909

28-30 Church Road, WORCESTER PARK, KT4 7RA

removal of 1 self-contained flat to retain two self-contained flats, western elevation window to revert to design in keeping with character of host property

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

  • Whether the development would provide its occupants with satisfactory living conditions, with particular regard to internal space and ceiling height
  • The effect of the development on parking provision and highway safety
  • Whether the character and appearance of the Old Malden Conservation Area would be preserved or enhanced

What decided it

Paragraph 11(d)(i) of the Framework provides that where policies protecting areas of particular importance provide a clear reason for refusing development, the presumption in favour of sustainable development does not apply, and the less than substantial harm to the conservation area is sufficient reason to reject the proposal.

The limited public benefits from new dwellings and economic benefits were outweighed by the less than substantial harm to the conservation area (given considerable weight), combined with the significant harms relating to living conditions and parking provision.

Framework references: 11, 12, 16

Plan policies cited: Policy D6 of the London Plan 2021, Policy DM10 of the Royal Borough of Kingston Upon Thames Local Development Framework Core Strategy 2012, Policy T4 of the London Plan, Policy HC1 of the London Plan, Policy CS8 of the Royal Borough of Kingston Upon Thames Local Development Framework Core Strategy 2012, Policy DM12 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.