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Planning appeal decision

Dismissed29 July 20253355206

39-41 Surbiton Road, Kingston Upon Thames London, KT1 2HG

Planning appeal 3355206 at 39-41 Surbiton Road, Kingston Upon Thames London, KT1 2HG (Royal Borough of Kingston Upon Thames) was dismissed on 29 July 2025 by Inspector De Freitas Terceiro P, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the character and appearance of the host building and of the area, including its effect on the significance of the non-designated heritage assets (NDHAs).

the erection of top floor to create 2nos 2bed apartments (Use Class C3) at 39 Surbiton Road. Conversion of the existing first and second floor flat to 2nos separate flats comprise of 1 bedroom flat each (Use Class C3) at 41 Surbiton Rd

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
De Freitas Terceiro P
Postcode
KT1 2HG

Main issues, as the Inspector framed them

  • the effect of the proposed development on the character and appearance of the host building and of the area, including its effect on the significance of the non-designated heritage assets (NDHAs)
  • whether acceptable living conditions would be created for future occupiers with particular regard to internal space and external space
  • whether the proposal would provide an appropriate mix of housing
  • whether an appropriate level of cycle parking would be provided

What decided it

The substantial harm to the character and appearance of the host building and non-designated heritage assets, combined with unacceptable living conditions and failure to provide an appropriate housing mix, significantly and demonstrably outweighs the limited benefits of modest housing delivery.

The adverse impacts of harm to character and heritage, living conditions and housing mix, given substantial weight, significantly and demonstrably outweigh the limited benefits of housing supply and sustainable location, such that the presumption in favour of sustainable development does not apply.

What the Inspector cited

Development plan policies
London Plan 2021 Policy D3London Plan 2021 Policy HC1London Plan 2021 Policy D6London Plan 2021 Policy D11London Plan 2021 Policy T5Core Strategy 2012 Policy CS8Core Strategy 2012 Policy DM10Core Strategy 2012 Policy DM11Core Strategy 2012 Policy DM12Core Strategy 2012 Policy DM13Core Strategy 2012 Policy DM8
National Planning Policy Framework
Paragraph 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 applied

The decision letter

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More decisions in Royal Borough of Kingston Upon Thames

The authority’s record since 2016 · every decision in 2025

  1. Dismissed7 October 20266011912
    11 Kingsdowne Road, Surbiton, KT6 6JZ
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  3. Dismissed25 September 20266009076
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  4. Allowed11 August 20266010924
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  5. Dismissed3 August 20266007703
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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.

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