Kingston Council says it had been waiting for Greater London Authority approval to make its decision to formally dismiss the plans for a 9 storey block public earlier this year.
In the interim, developer Rocco Homes took its appeal to the UK Planning Inspectorate in Bristol.
Rocco Homes claimed the Royal Borough of Kingston upon Thames, acting as Local Planning Authority, failed to determine an application within the appropriate time frame.
This is something the Council has denied.
A public inquiry on the matter will open for an estimated 6 day sitting from December the 14th in Kingston.