®Planning appeal decision
38 Smith Terrace, London, SW3 4DH
Planning appeal 3370287 at 38 Smith Terrace, London, SW3 4DH (Royal Borough of Kensington and Chelsea) was dismissed on 30 October 2025 by Inspector Tinsley F, by written representations. The main issue, as the Inspector framed it: The potential impact on neighbours' living conditions, specifically through disturbances arising during the construction phase, in relation to basement development exceeding the 50% garden threshold in Policy CD11(A).
‘Demolition and rebuild of dwellinghouse behind retained façade to include the cosmetic removal and replacement of existing stucco to front elevation to correct the visual distortion; extension of lower ground floor and creation of a partial basement level; erection of single storey infill addition and a redesigned mansard roof to better align to the prevailing pattern along the street’
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Tinsley F
- Postcode
- SW3 4DH
Main issues, as the Inspector framed them
- The potential impact on neighbours' living conditions, specifically through disturbances arising during the construction phase, in relation to basement development exceeding the 50% garden threshold in Policy CD11(A)
- The impact of demolition of the fabric of the existing dwelling on the character, appearance and significance of the conservation area
What decided it
The proposed basement exceeds the 50% garden threshold in Policy CD11(A) with no compelling justification for departing from the recently adopted development plan policy, particularly given the additional construction phase impacts on neighbouring living conditions that the policy is designed to mitigate.
What the Inspector cited
- Development plan policies
- Policy CD11(A)Policy CD11(B)Policy CD11(C)Policy CD4(D)Policy CD1Policy CD2Policy CD3Policy CD9Policy CD15Policy GB1Policy GB7
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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With an account
What an account adds to this decision
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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.