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Planning appeal decision

Dismissed10 February 20253340104

113 Tolworth Rise North and, some of the land at the rear of nos. 107, 109 and 113 Tolworth Rise North, Tolworth, KT5 9EP

the demolition of No 113 Tolworth Rise North KT5 9EP garage and shed to allow for new road to provide access to 6 no. proposed new houses comprising 3 no. pairs of 2 storey, 3 bed, 4-person semi-detached houses

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

Main issues, as the Inspector framed them

  • the effect of the proposed development upon the character and appearance of the area
  • whether the proposal would be harmful to highway safety with particular regard to vehicular movements
  • whether the proposal would provide adequate visitor cycle parking
  • the effect of the proposed development upon the ecology of the site and protected species

What decided it

The failure to demonstrate that vehicles could suitably manoeuvre into and out of the site without damage to road infrastructure, combined with harm to character and appearance, meant the adverse impacts significantly and demonstrably outweighed the housing supply benefits.

The moderate weight attributed to the housing supply benefit and limited weight to economic and biodiversity benefits were significantly and demonstrably outweighed by the significant weight given to highway safety harm and moderate weight to character and appearance harm.

Framework references: 11, 115, 139

Plan policies cited: Policy DM10, Policy DM9, Policy G6, Policy DM6, London Plan Policy D3, London Plan Policy T6

Judgments cited: Wheatcroft (Bernard) Ltd v Secretary of State for the Environment (1982) JLP 37; Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

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.