Re-instatement of the chimney at the rear of No.20 and No.22 Shaftesbury Road and works at No.22 comprising merging of the patio doors, rear elevation first floor windows, rear first floor extension, and relocation of stairs between basement patio and g round floor
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Heritage & Conservation
Policy Weight
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 26 January 2026
by Alison Fish BA (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 05 February 2026
Appeal Ref: 6001674
22 Shaftesbury Road, Richmond TW9 2TD
• The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended)
against a refusal to grant planning permission.
• The appeal is made by Mr Anthony O'Neill against the decision of the Council of the London Borough
of Richmond Upon Thames.
• The application Ref is PA25/0138.
• The development proposed is the re-instatement of the chimney at the rear of No.20 and No.22
Shaftesbury Road and works at No.22 comprising merging of the patio doors, rear elevation first floor
windows, rear first floor extension, and relocation of stairs between basement patio and g round floor.
Decision
1. The appeal is allowed and planning permission is granted for the re-instatement of
the chimney at the rear of No.20 and No.22 Shaftesbury Road and works at No.22
comprising merging of the patio doors, rear elevation first floor windows, rear first
floor extension, and relocation of stairs between basement patio and ground floor at
22 Shaftesbury Road, Richmond TW9 2TD in accordance with the terms of the
application, Ref PA25/0138, and the plans submitted with it, subject to the following
condition:
1) The development hereby permitted shall be carried out in accordance with
drawing numbers: L+2324_303 Rev A Site Location Plan; L+2324_000 Rev B
As Built Basement Floor Plan; L+2324_100 Rev B As Built Ground Floor Plan;
L+2324_101 Rev B As Built First Floor Plan; L+2324_202 Rev B As Built Front
Elevation; L+2324_203 Rev E As Built West Elevation; and L+2324_303 Rev D
Comparative Rear Elevation.
Preliminary Matters
2. I have taken the description from the Council’s decision notice as it appears to be
more comprehensive than the description given on the planning application form.
However, I have deleted words which are not acts of development.
3. I saw that the works described above had already been carried out.
4. The Council’s reason for refusal references the Publication Local Plan (Regulation
19). The Richmond upon Thames Local Plan 2024-2039 (LP) was formally adopted
on 7 October 2025 and therefore I have determined the appeal in accordance with
it.
5. The appeal proposals include the reinstatement of the chimney and works to the
ground floor and basement which do not form part of the Council’s reason for
Appeal Decision 6001674
2
refusal. The Council’s officer report does not identify any conflict with development
plan policy in these respects. I have determined the appeal on this basis.
Main Issue
6. Therefore, the main issue is the effect of the first floor rear extension on the
character and appearance of the host building as a Building of Townscape Merit
(BTM) and the Kew Foot Road Conservation Area (CA).
Reasons
7. The CA is a dense urban area which derives its special character from its eclectic
mix of building types and uses, resulting in a high-quality townscape. The CA gains
significance from its architectural and historic interest.
8. The appeal dwelling is one of a coherent group of miniature Victorian villas in semi-
detached pairs, linked as a terrace by single storey side porches. These have been
identified as BTM’s. When viewed from the road, the brick-built properties have
largely retained their original features and windows. They therefore contribute
positively to the significance of the CA.
9. The appeal scheme includes a first-floor rear extension that exceeds half the width
of the dwelling. Its lean-to roof is hidden behind a parapet, meaning it does not
match the lean-to roof of the neighbouring property. As a result, the scheme
conflicts with the guidance set out in the House Extension and External Alterations
Supplementary Planning Document (adopted May 2015), which seeks to ensure
that extensions do not overwhelm the original scale and character of the building.
10. Unlike the uniform front elevations of the BTMs, the rear elevations, and particularly
that of the host dwelling, have been heavily altered. A mixture of past additions and
extensions means that the rear lacks the consistency found at the front. The host
dwelling, with its extensive glazing in a flat roof rear addition, already has a
contemporary character. Within this context, the proposed first-floor extension does
not appear incongruous. As it only slightly exceeds half the width of the house, it
does not dominate the rear elevation.
11. The area to the rear of the property is entirely enclosed by tall boundary walls.
Consequently, views of the rear of the building are very limited and I could not
identify anywhere beyond the private gardens of the properties close to the appeal
site where the proposal is visible.
12. As a result, I find that the impact on the significance of both the BTM and the CA is
a neutral one. The proposal therefore preserves the character or appearance of the
CA. Accordingly I find no conflict with Policies 28, 29 and 30 of the LP which
require high quality design which respects local character and safeguards the
significance and appearance of designated and non-designated heritage assets.
Conditions
13. As the work has already been carried out, it is not necessary to attach the standard
time condition or the condition suggested by the Council relating to emission
standards during construction. However, it is necessary to specify the approved
plans in the interests of certainty.
Appeal Decision 6001674
3
14. I have not attached the condition restricting the use of the roof of the extension as
one was not imposed on the earlier planning permission1 and the circumstances in
this appeal are not materially different in that respect.
15. The Council have also suggested a condition which requires that the development
is carried out in accordance with the Fire Safety Strategy submitted to the Council.
However, neither that document nor the corresponding development plan policy is
before me. In any event, as the development has been carried out, the condition
would not meet the tests in Paragraph 57 of the National Planning Policy
Framework.
Conclusion
16. The proposed development adheres to the development plan and there are no
material considerations that outweigh this finding. Accordingly, the appeal is
allowed.
Alison Fish
INSPECTOR
1 Appeal Ref: APP/L5810/D/18/3193958 – first floor extension
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