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Planning appeal decision

Notice upheld19 August 20213253286

1 - 3 Lexham Gardens , London, W8 5JL

the erection of three temporary structures in the rear garden of the hotel comprising of: i) the lounge/café made from galvanised steel posts with PVC fabric and roof; ii) the covered smoking area and associated WC; and iii) the timber servery

Authority
Royal Borough of Kensington and Chelsea
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Other minor developments
Inspector
Braithwaite J

Main issues, as the Inspector framed them

  • The effect of the use of the structures on the character and appearance of the Lexham Conservation Area
  • The effect of the use of the structures on the amenities of occupiers of neighbouring properties, on Pennant Mews in particular

What decided it

The structures cause both less than substantial harm to the conservation area character and appearance with no public benefits, and significant noise nuisance to neighbouring properties that cannot be adequately controlled by condition.

The less than substantial harm to the character and appearance of the conservation area was weighed against no public benefits, resulting in refusal; additionally, the harm to neighbouring amenity from noise nuisance was unacceptable and could not be mitigated.

Framework references: 202

Plan policies cited: Policy CL1, Policy CL2, Policy CL3, Policy CL5, Policy CL11

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.