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Property details

Case reference: PP/21/07111
Address: Land to the rear of 58 Penywern Road, LONDON SW5 9SX
Ward: Earls Court
Polling district: 08
Listed Building Grade: N/A
Conservation area: Earls Court Square

Applicant details

Applicant's name: Tofts
Applicant company name: Hayhurst and Co
Contact address: 26 Fournier Street LONDON E1 6QE

Proposal details

Application type: PP (Planning permission)
Proposed development Construction of single-storey dwellinghouse set around a courtyard.
Date received: 03 Nov 2021
Registration date:
(Statutory start date)
03 Nov 2021
Public consultation ends: 03 Dec 2021
Application status: Appeal Decided
Target date for decision: 29 Dec 2021

Decision details

This case has not yet been decided.

Decision: Refuse Planning Permission/Consent
Decision date: 21 Feb 2022
Conditions and reasons:

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.

Informatives:

1)

Refused/No pre-app or discussion
To assist applicants in finding solutions to problems arising in relation to their development proposals the Local Planning Authority has produced planning policies, and provided written guidance, all of which are available on the Council's website. A pre-application advice service is also offered. In this case the proposal does not comply with guidance and policies. No pre-application discussions were entered into, but the Council is ready to enter into discussions with the applicants through the advice service to assist in the preparation of any new planning application.

Committee details

Decision by: This case is currently due to be decided under delegated powers.

Appeal details

This case has not been appealed.

Planning Inspectorate reference number: W/22/3305591
Appeal received: 22 Aug 2022
Appeal type: PP
Appeal procedure: HC
Appeal start date: 07 Sep 2022
Deadline for comments to be received by the Planning Inspectorate: 12 Oct 2022
Hearing/Inquiry date:15 Nov 2022
Appeal decision: DIS
Appeal decision date: 14 Dec 2022

Contact details

Planning case officer: Alice Culver
Planning team: South
Email: [email protected]
Telephone: 020 7361 3012

Comment on this application

The consultation period for this application has ended.

Documents related to case PP/21/07111