Appeal against a refused of planning permission for a new, two-bedroom house.

Appeal Allowed (Full Planning Permission Granted) on 3 July 2024

Kingston appeal success

160 Ewell Road,
Surbiton,
Kingston Upon Thames
KT6 6HG

Council: Royal Borough of Kingston Upon Thames

This was an unusual case in which our client had obtained prior approval to convert an office building into several flats, and carried out the works, and then wanted to demolish a ‘left over’ extension in order to build an additional two-bedroom house.

To our surprise, Kingston council objected to the proposal on the basis that it meant losing office space, even though the offices were long gone and the small, dilapidated extension should not be considered an office space in its own right.

The council seemed determined to refuse this application on as many grounds as possible. It even objected that a wardrobe in one of the bedrooms was too small!

Happily, the appeal inspector agreed with us that there would be no harmful loss of office space.

The inspector was also happy with the quality of the internal living accommodation: the new dwelling would have adequate space, storage, and natural light. Despite the compact nature of the proposed home, the design incorporated a triple-aspect living area.

The council had argued that the garden was too small and of poor quality, but the inspector accepted our arguments that it was appropriate in size for a two bedroom dwelling and that it would be private and well landscaped. 

The project had to ensure it would not exacerbate parking congestion in an already busy area. By proposing a car-free development supported by a Unilateral Undertaking (UU) to restrict parking permits, we mitigated these concerns.

Finally, the property was in a conservation area and included a locally listed building. The challenge was to enhance the character of the area while replacing a dilapidated structure. The new design did just that, contributing positively to the historic environment.

This was a complex case with lots of different issues – the council had really (and unreasonably) thrown the book at it. 

We were delighted when the inspector backed us on each one of our arguments and our client can get on with building their new home! 

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