®Planning appeal decision
1 - 3 Lexham Gardens , London, W8 5JL
Planning appeal 3253286 at 1 - 3 Lexham Gardens , London, W8 5JL (Royal Borough of Kensington and Chelsea) was dismissed on 19 August 2021 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: The effect of the use of the structures on the character and appearance of the Lexham Conservation Area.
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
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- leisure-sport · Other minor developments
- Inspector
- Braithwaite J
- Postcode
- W8 5JL
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.
What the Inspector cited
- Development plan policies
- Policy CL1Policy CL2Policy CL3Policy CL5Policy CL11
- National Planning Policy Framework
- Paragraph 202
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Royal Borough of Kensington and Chelsea
The authority’s record since 2016 · every decision in 2021
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- Dismissed24 February 202660008956 St. Marys Gate, London, W8 5UA
- Notice upheld11 February 2026335269912-14 Pottery Lane, London, W11 4LZ
- Planning permission granted26 January 20263359961Land at 23, And 25-27 Earl’s Court Square, London, SW5 9BY
The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.