T he development proposed is for the replacement of the existing structure at second floor level with a conservatory
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Heritage & Conservation
Character & Appearance
Residential Amenity
Inspector’s Reasoning
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Appeal Decision
Site visit made on 27 May 2025
by C Hall BSc MPhil MRTPI
an Inspector appointed by the Secretary of State
Decision date: 05 June 2025
Appeal Ref: APP/K5600/D/25/3364280
7 Tetcott Road, London SW10 0SA
• 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 Faris Kapenanovic against the Council of the Royal Borough of
Kensington and Chelsea.
• The application ref. is PP/24/08258.
• T he development proposed is for the replacement of the existing structure at second floor level with
a conservatory.
Decision
1. The appeal is allowed and planning permission is granted for the replacement of the
existing structure at second floor level with a conservatory at 7 Tetcott Road, London
SW10 0SA in accordance with the terms of the application ref. PP/24/08258 and the plans
submitted with it (157 001 RPA Rev 1, 157 002 RPA Rev 1, 157 010 RPA Rev 1,
157 020 RPA Rev 1, 157 021 RPA Rev 1, 157 030 RPA Rev 1), subject to the following
condition:
1) The conservatory-style extension hereby approved shall be timber framed, white
painted, and so maintained thereafter.
Preliminary Matter
2. At my site visit, I saw that the development has been completed and I note that the
application has been submitted retrospectively.
Main Issues
3. The main issues are the the effect of the proposal on:
the character and appearance of the existing dwelling and surrounds, including the Lots
Village Conservation Area (CA); and b)
the living conditions of the occupiers of neighbouring properties with regard to artificial
light pollution.
Reasons
Character and appearance
4. The appeal site consists of a mid-terrace dwelling with rear outrigger in high-density, urban
surrounds. The surrounding area comprises a mixture of uses, with commercial outlets and
a medical centre in close proximity. Tetcott Road leads onto Westfield Park a short distance
to the south.
Appeal Decision APP/K5600/D/25/3364280
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5. The special architectural and historic interest of the CA derives from the working area of
industry, commercial riverside uses, small factories, breweries and workshops within a
working class community housed in artisan terraced housing. Being situated in the CA, I
have applied the statutory duty in Section 72(1) of the Planning (Listed Buildings and
Conservation Areas) Act 1990 and paid special attention to the desirability of preserving or
enhancing the character or appearance of the CA by attaching considerable importance
and weight to that desirability.
6. Although the front elevations of the short terrace of which the appeal dwelling is a part
display uniformity, the rear of the row exhibits greater variation between the properties.
Within this setting, I consider that the conservatory does not appear out of keeping; it is of
small scale and visually connects with the overall appearance of the building, without being
imposing or dominant. Moreover, I have had regard to the pre-existing plans and historic
photographs provided by the appellant in my considerations, which demonstrate that the
scheme replaces a covered area serving a store room. I am satisfied that the impact above
and beyond the previous structure would be neutral, having also borne in mind that the
Council would require this feature to be reinstated were the appeal to be unsuccessful.
7. I appreciate that the conservatory results in an increased extent of glazing, however there
are myriad windows looking out over Thorndike Close, serving both residential units and
the adjacent medical centre. I do not consider that the development has an adverse effect
given this context.
8. I acknowledge the party wall that has been created on the common boundary with 5 Tetcott
Road, which from the photos is larger than before. Whilst this is a more balanced issue, I
am mindful that the parapet wall at roof level between 3 Tetcott Road and the medical
centre is of broadly similar scale and appearance, and to my mind has an analogous
impact upon the character of the terrace. As such, I find that the party wall element is not
so detrimental as to warrant a refusal of permission on this ground.
9. I conclude that the proposal would not have an adverse impact upon the character and
appearance of the surrounds, including the CA. It would conform with Policies CD1, CD2,
CD3, CD4, CD10, CD13 and CD15 of the New Local Plan July 2024 (NLP), which together
seek to ensure proposals relate to surrounding development, meet high standards of
design, and protect the character of conservation areas.
Living conditions
10. As I have noted above, the are numerous windows and some glazed doors looking out
over Thorndike Close, serving both residential units and the adjacent medical centre. In
this context I find that the development would not appreciably add to light spill, glare or
pollution above and over that presently experienced in this tight-knit, metropolitan
neighbourhood.
11. I consider that the proposal would not be injurious to the living conditions of the occupiers
of neighbouring properties with regard to artificial light pollution. This would meet with
Policies GB10 and CD9 of the NLP , which seek to ensure that development does not harm
the amenity of occupiers of nearby properties.
Conditions
12. I have considered the imposition of conditions in light of advice in Planning Policy
Guidance and the Framework. The development is complete and therefore the standard
time limit and plans condition are no longer necessary. The scheme has been installed with
a white-painted, timber frame and a condition is imposed to retain this finish to ensure a
satisfactory appearance in perpetuity.
Appeal Decision APP/K5600/D/25/3364280
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Conclusion
13. Having regard to the above and all other issues, the appeal is allowed.
C Hall
INSPECTOR
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