1)
It has not been demonstrated that the proposal would not result in the damage and potential loss of an adjacent tree which is protected by a Tree Preservation Order and holds significant townscape value. The excavation associated with the development and the presence of a residential building located in close proximity to the tree would be unsuitable and would be a risk to the health of the tree and its continued valuable contribution to the surrounding townscape. As such, the proposal is contrary to policy CR6 of the Local Plan, the Trees and Development Supplementary Planning Document and the guidance within the National Planning Policy Framework.
2)
The proposal would fail to preserve or take opportunities to enhance the character and appearance of the application site, surrounding town scape and the setting of the Earls Court Gardens Conservation Area. By reason of its design, scale, massing and position, the proposed dwelling would have a harmful impact on the urban form of the area, representing a development that would erode an important gap in the conservation area. As such, the proposal is contrary to policies CL1, CL2, CL3 and CL11 of the 2019 Local Plan, the Earls Court Conservation Area Appraisal and the guidance within the National Planning Policy Framework.
3)
The applicant has failed to demonstrate that the proposed dwelling would receive adequate levels of light and would provide a useable high quality outdoor private amenity space due to the close proximity to the adjacent TPO London Plane tree. On the basis of the information submitted the proposal fails to comply with policy CH3 of the Local Plan, policy D6 of the London Plan and the guidance within the National Planning Policy Framework.
4)
The applicant has failed to agree to enter into a legal agreement to secure the new residential unit to be residents parking permit free. In the absence of such an agreement, the proposal would result in an increase in on-street parking in the Borough, contrary to policy CT1 of the Local Plan 2019, and the guidance contained within the Council's Transport and Streets Supplementary Planning Document.