Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — Appeal Decision Site visit made on 19 October 2022 by James Blackwell LLB (Hons) PgDip an Inspector appointed by the Secretary of State Decision date: 10 November 2022 Appeal Ref: APP/L5810/W/22/3297924 Land to the rear of 256-258 Kingston Road, Lindum Road, Teddington TW11 9DR • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr John Woodriff against the decision of Richmond Upon Thames London Borough Council. • The application Ref 20/0969/FUL, dated 1 April 2020, was refused by notice dated 29 November 2021. • The development proposed is the demolition of an existing garage and ancillary outbuildings on garden land and the construction of 2 new detached houses. Decision 1. The appeal is allowed and planning permission is granted for the demolition of an existing garage and ancillary outbuildings on garden land and the construction of 2 new detached houses at land to the rear of 256-258 Kingston Road, Lindum Road, Teddington TW11 9DR in accordance with the terms of the application, Ref 20/0969/FUL, dated 1 April 2020, and subject to the conditions set out in the Schedule to this decision. Main Issues 2.

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — Appeal Decision The main issues are the effect of the proposed development on: • the character and appearance of the area, including whether the proposal would preserve or enhance the character and appearance of the Wick Road Conservation Area; and • the living conditions of neighbouring occupiers and future occupiers of the new dwellings. Reasons Character and Appearance 3. The appeal site comprises a parcel of land located to the rear of nos. 256 – 258 Kingston Road. The land is accessed off Lindum Road, a short residential cul- de-sac to the south-west of these dwellings, and forms an active part of its street frontage. The site is currently occupied by a garage and other ancillary outbuildings, but is otherwise densely overgrown. 4. Lindum Road is located within the Wick Road Conservation Area (CA). The road itself is made up of a variety of house types, including detached, semi- detached and terraced dwellings. They are mostly two-storeys in height, albeit some have been extended into their roof space. The houses along the road https://www.gov.uk/planning-inspectorate

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — Appeal Decision Appeal Decision APP/L5810/W/22/3297924 follow a tight grain of development, with only limited intervening space between dwellings. The characteristics of the properties along the road are broadly typical of the wider CA. 5. Given the tightly spaced grain of development along the road, the appeal site, being largely undeveloped, forms a notable gap within the street frontage at the end of the cul-de sac. This gap is particularly prominent, as houses on the opposite side of the road run to the very end of the cul-de-sac. This creates an imbalance between the street frontages on either side of the road. The new houses would occupy this gap, which would add greater symmetry to the end of the cul-de-sac, thereby overcoming this sense of imbalance. Moreover, given that the site is heavily overgrown, it currently appears neglected, which detracts from the road’s character. The development would therefore improve the aesthetic of the road in this regard. 6. The new houses would be similar to other dwellings along the road in terms of scale, height, fenestration arrangement and materials. Whilst the dwellings would be detached, they would not be unique in this regard, given the variety of house types along the road.

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — Appeal Decision In design terms, these shared characteristics would help ensure that that new dwellings would integrate effectively within the surrounding street context, without harm to the prevailing character of the road. 7. Although the parking spaces to serve the new dwellings would be located to their rear (an arrangement which would be unique to the new dwellings), the access would be concealed by the front boundary wall and entry gate. This arrangement would therefore not be readily visible from within the street itself, and in turn, would not materially impact on the road’s character. Whilst the parking spaces would reduce the extent of garden space available to the rear (particularly when compared to other houses along the road), the size of the gardens would still be adequate to properly serve the new dwellings. A landscaping scheme would also ensure appropriate planting is factored into the development, to help soften the extent of hardstanding around the new houses. 8. Subject to appropriate conditions, I am therefore satisfied that the development would complement the character and appearance of the area. In turn, the development would also preserve the character and appearance of the wider CA.

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — Appeal Decision It would be consistent with Policy LP1 of the Council’s Local Plan (2018) (Local Plan), which requires new development to respond properly to local character, specifically in terms of development pattern, local grain, frontages, scale, height, massing, materials and detailing. The development would also be consistent with Policy LP3 of the Local Plan, which seeks to ensure the Council’s heritage assets (in this case the CA), are preserved, and where possible enhanced. Finally, the development would reflect the overarching design principles for new housing set out in the Supplementary Planning Document, Design Quality (2006) and the Supplementary Planning Document, Small and Medium Housing Sites (2006). Living Conditions 9. The relationship between the proposed new dwellings and its closest neighbouring properties would broadly reflect the pattern of development along the rest of the road. Any impact on neighbouring properties in terms of outlook https://www.gov.uk/planning-inspectorate 2

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — Appeal Decision Appeal Decision APP/L5810/W/22/3297924 would therefore be commensurate with the arrangement between other neighbouring properties, which would be typical of such a suburban location. 10. As mentioned above, the parking spaces would be located to the rear of the property, which would be accessed via a shared driveway between the two new dwellings. Given the extent of intervening space between the parking area and the closest neighbouring properties, I am satisfied that the impact from associated vehicle movements, with regard to noise, pollution and light spill, would not be unduly harmful to the occupiers of these neighbouring houses. Moreover, given the modest size of the proposed dwellings, the associated vehicle movements are unlikely to be extensive. As such, the impact on the occupiers of the new dwellings themselves with regard to these same factors, should again not cause meaningful harm to their living conditions. 11. For these reasons, I am satisfied that the development would not cause undue harm to the living conditions of neighbouring occupiers, nor to those of future occupiers of the new dwellings.

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — Appeal Decision The development would therefore be consistent with Policy LP8 of the Local Plan, which seeks to ensure development adequately protects the amenity and living conditions of neighbouring and future occupiers. Other Matters 12. The appellant has submitted a signed unilateral undertaking (UU) to secure an affordable housing contribution in conjunction with the proposed development. This contribution reflects the requirements of Policy LP36 of the Local Plan, which requires all housing developments to contribute towards the delivery of affordable housing within the Council’s area. 13. In terms of the statutory tests, I am satisfied that the affordable housing contribution is necessary to make the development acceptable in planning terms, and is directly related to the development. This is because Policy LP36 expects all housing developments to make provision for affordable housing, whether on-site or off-site. Given that the contribution is calculated using a standard formula which accounts for the market value of the development, I also consider the contribution to be fair and reasonable in scale and kind.

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — Appeal Decision The affordable housing contribution therefore meets the relevant statutory tests, and carries significant weight in my decision. 14. Whilst there will invariably be some disruption to local residents during construction, this will be temporary, and a Construction Management Statement (CMS) will seek to ensure disruption is minimised as far as possible. The CMS will also regulate the movement of construction vehicles to and from the site, to safeguard highway safety throughout the build programme. 15. The Building Regulations place statutory obligations on the appellant with regard to the structural integrity and safety of the development and neighbouring properties. The proposed development would make adequate provision for on-site parking, so it should not exacerbate any extant congestion issues along the cul-de-sac in any meaningful way. In terms of drainage, these details will be secured by condition to ensure drainage provision is properly factored into the development. A landscaping scheme will also be required, to secure appropriate ecological enhancements as part of the build. https://www.gov.uk/planning-inspectorate 3

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — Appeal Decision Appeal Decision APP/L5810/W/22/3297924 Conditions 16. The Council has supplied a list of suggested conditions which I have reviewed and updated in line with Planning Practice Guidance (PPG) and the National Planning Policy Framework 2021 (Framework). 17. I have included a plans condition (condition 2) for certainty over the development permitted. A condition requiring details of external materials to be submitted to and approved by the Council has also been included, to ensure the new houses properly integrate with the street scene (condition 3). 18. Details of boundary treatments, as well as hard and soft landscaping, must all be submitted and approved prior to commencement (conditions 4 and 5). This is to ensure these components are properly factored into the development proposals, thereby preserving the attractive qualities of Lindum Road. 19. I have included a condition requiring contamination risk to be properly assessed throughout the development programme (condition 6). This needs to be a pre-commencement condition, to ensure the site and neighbouring properties are properly protected throughout the course of development, and thereafter. 20.

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — Appeal Decision A condition requiring notice of commencement to be given to the Council, together with detail of working methods for the installation of foundations, has been included (condition 7). This is to ensure the Council has sufficient opportunity to address any concerns with regard these elements of construction. 21. I have included a condition requiring a Construction Management Statement to be submitted to and approved by the Council prior to commencement (condition 8). This is to help safeguard neighbouring amenity as far as possible throughout the development, as well as to help minimise any disruption to the nearby road network. 22. Comprehensive drainage details must be submitted to and approved by the Council prior to commencement (conditions 9 and 10). This is needed to ensure drainage arrangements are properly factored into the proposals at the outset of development. 23. Full details of refuse storage and cycle parking facilities must be submitted to and approved by the Council prior to their installation (condition 11). These facilities must be implemented prior to occupation. Car parking spaces must also be laid out in accordance with approved details prior to occupation (condition 12).

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — Appeal Decision This will ensure adequate parking provision is provided, to preserve highway safety in the area. 24. To meet policy requirements of the Council’s Local Plan, I have included a condition which requires the dwellings to be constructed in line the Building Regulation Requirement M4(2) for accessible and adaptable dwellings (condition 13). 25. To maximise the sustainability credentials of the development, I have included a condition which limits water consumption within the new dwellings (condition 14). I have also included a condition which requires the measures set out in the Energy Statement to be strictly adhered to as part of development (condition 15). This is to ensure the development achieves a 35% reduction in https://www.gov.uk/planning-inspectorate 4

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — Appeal Decision Appeal Decision APP/L5810/W/22/3297924 carbon dioxide emissions beyond the requirements set out in Part L of the Building Regulations. 26. There were a number of additional conditions suggested by the Council which I have not included. Given the relatively small scale of the development, I am satisfied that fire safety requirements will be adequately addressed through compliance with the Building Regulations. Similarly, I do not consider that the scale of development would warrant a condition prescribing industrial and emission standards for construction equipment (over and above what is already required under statute). Construction working hours can be confirmed as part of the Construction Management Statement. As I have included a condition requiring compliance with the measures set out in the Energy Statement, there is also no need for a separate condition requiring installation of photovoltaic panels. 27. Whilst the Council has suggested a number of conditions to restrict certain permitted development rights, the PPG is clear that such conditions should only be used in exceptional circumstances. In this instance, I am not persuaded that there is sufficient justification to warrant such restrictions. Conclusion 28.

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — Appeal Decision For the reasons given above, and having considered the development plan as a whole, the approach in the Framework, and all other relevant material considerations, the appeal should be allowed.

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — James Blackwell INSPECTOR https://www.gov.uk/planning-inspectorate 5

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — James Blackwell INSPECTOR https://www.gov.uk/planning-inspectorate 5 Appeal Decision APP/L5810/W/22/3297924 SCHEDULE OF CONDITIONS 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved drawings: Location Plan (1710/000); Proposed Plans 2020 Scheme (2008/201D); Proposed Elevations 2020 Scheme (2008/202A); Proposed Lifetime Home Plans 2020 Scheme (2008/203); and Access & Parking Swept Path (2008/204C). 3) No development shall commence until samples or details of the materials to be used in the construction of the external surfaces of the development have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved samples or details and retained thereafter. 4) No development shall commence until details (including type, position, design and material) of the proposed boundary treatments have been submitted to and approved in writing by the Local Planning Authority. The boundary treatments shall be carried out as approved prior to occupation of the development and retained thereafter.

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — James Blackwell 5) No development shall commence until there shall have been submitted to and approved in writing by the Local Planning Authority a scheme of hard and soft landscaping, which shall include detail of biodiversity net gain measures. The hard landscaping shall also include details of pedestrian access and circulation routes, finished floor levels, hard surfacing materials, lighting, utility service points, together with a timetable for the proposed works. The soft landscaping shall also include planting plans (noting species, sizes and proposed numbers and densities), planting methodology and a timetable for implementation. The scheme shall be fully implemented in accordance with the agreed details and timetable. 6) No development shall commence until an assessment of the risks posed by any contamination has been carried out and has been submitted to and approved by the Local Planning Authority. If any contamination is found, a report specifying the measures to be taken (including timescales) to remediate the site to render it suitable for the approved development shall be submitted to and approved by the Local Planning Authority.

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — James Blackwell If during the course of development, any contamination is found which has not previously been identified, work shall be suspended and additional measures for its remediation shall be submitted to approved by the Local Planning Authority. The remediation of the site shall thereafter incorporate the approved additional measures and a verification report for all the remediation works shall be submitted to and approved by the Local Planning Authority prior to occupation of the development hereby permitted. 7) No development shall commence until written notice of an intention to commence work has been sent to the Development Control department of the Local Planning Authority. Such notice shall be sent not less than 21 days prior to the commencement of development and shall include details of the intended https://www.gov.uk/planning-inspectorate 6

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — James Blackwell Appeal Decision APP/L5810/W/22/3297924 method of constructing the foundations, including piling method and equipment if applicable. 8) No development shall take place, including any works of demolition, until a Construction Method Statement (CMS) has been submitted to, and approved in writing by the Local Planning Authority. The CMS shall provide for: • the size, number, routing and manoeuvring of construction vehicles to and from the site; • the parking of vehicles of site operatives and visitors; • loading and unloading of plant and materials; • storage of plant and materials used in constructing the development, including the location of any skips where applicable; • wheel washing facilities; • measures to control the emission of dust and dirt during construction; • delivery, demolition and construction working hours; and • a construction programme including a 24 hour emergency contact number. The approved CMS shall be adhered to throughout the construction period of development. 9) No development shall commence until a scheme for the drainage and disposal of surface water from the development hereby permitted, has been submitted to and approved in writing by the Local Planning Authority.

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — James Blackwell Development shall be carried out in accordance with the approved scheme, which shall be completed prior to the occupation of the dwellings hereby permitted, and retained thereafter. 10) No development shall commence until a detailed drainage scheme and groundwater screening assessment, including drawings, supporting calculations, Sustainable Drainage Proforma and ongoing maintenance arrangements, have been submitted to approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved scheme, which shall be completed prior to the occupation of the dwellings hereby permitted, and retained thereafter. 11) Prior to their installation, full details of the proposed cycle parking facilities and refuse storage shall be submitted to and approved in writing by the Local Planning Authority. The cycle parking facilities and refuse storage shall be implemented in accordance with the approved details prior to occupation of the development, and retained thereafter.

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — James Blackwell 12) No dwelling hereby permitted shall be occupied until the car parking spaces and turning area to serve that dwelling, including the vehicle crossover at the access to the property, have been laid out in accordance with drawing 2008/204C (Access & Parking Swept Path), so that vehicles can enter and leave the site in forward gear. The car parking spaces, turning area and vehicle crossover shall thereafter be kept available at all times for those purposes. 13) The development hereby approved shall be constructed to meet the Building Regulation Requirement M4(2) for accessible and adaptable dwellings. https://www.gov.uk/planning-inspectorate 7

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — James Blackwell 12) No dwelling hereby permitted shall be occupied until the car parking spaces and turning area to serve that dwelling, including the vehicle crossover at the access to the property, have been laid out in accordance with drawing 2008/204C (Access & Parking Swept Path), so that vehicles can enter and leave the site in forward gear. The car parking spaces, turning area and vehicle crossover shall thereafter be kept available at all times for those purposes. 13) The development hereby approved shall be constructed to meet the Building Regulation Requirement M4(2) for accessible and adaptable dwellings. https://www.gov.uk/planning-inspectorate 7

Land to the rear of 256/258 Kingston Road, Teddington, Richmond, TW11 9DR — Richmond Upon Thames London Borough Council — James Blackwell Appeal Decision APP/L5810/W/22/3297924 14) The development hereby approved shall not be occupied otherwise than in accordance with the water consumption targets of 105 litres or less per person per day for internal water use and 5 litres or less per person per day for external water use. 15) The development shall be carried out in strict accordance with the details and measures set out in the Energy Statement (TC-18C, March 2020) in order to achieve a 35% reduction in carbon dioxide emissions beyond the requirements set out in Part L of the Building Regulations (2013). End of Schedule https://www.gov.uk/planning-inspectorate 8