Planning appeal decision
48 Mornington Terrace, London, NW1 7RT
Planning appeal 3263561 at 48 Mornington Terrace, London, NW1 7RT (London Borough of Camden) was dismissed on 21 December 2021 by Inspector Steen A, following a hearing. The main issue, as the Inspector framed it: Whether the office was occupied separately from the dwelling on the relevant date (ground (b)).
Without planning permission: The material change of use of the basement of the property from part of a residential dwelling (Use class C3) to an office (Class E)
- Authority
- London Borough of Camden
- Appeal type
- enforcement · Appeal against Enforcement Listed Building Notice/Enforcement Conservation Area Notice
- Procedure
- Hearing
- Development
- employment-industrial · Householder developments
- Inspector
- Steen A
- Postcode
- NW1 7RT
Main issues, as the Inspector framed them
- Whether the office was occupied separately from the dwelling on the relevant date (ground (b))
- The effect of the proposal on the supply of housing
- The effect of the proposed development on highway safety with regard to the adequacy of parking provision
What decided it
The loss of residential floorspace caused by the office use conflicted with Policy H3 and the development plan as a whole, and this conflict was not outweighed by the limited-weight benefits identified.
the limited-weight benefits of the office use (economic benefits, the car-free UU, and a possible hours-of-use condition) did not outweigh the conflict with Policy H3 and the development plan as a whole arising from the loss of residential floorspace
What the Inspector cited
- Development plan policies
- Policy H3Policy T2Policy DM1Policy E1Policy E2
- Judgments
- Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207
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
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More decisions in London Borough of Camden
The authority’s record since 2016 · every decision in 2021
- Dismissed29 September 20266008940Basement Flat, 226 Finchley Road, London, NW3 6DH
- Notice upheld17 September 20263376816Flat 1, Mexborough, Pratt Street, London, NW1 0BL
- Notice varied and upheld17 September 20263372650107 West End Lane, London, NW6 4SY
- Notice upheld17 September 202633612563 Collard Place, Lonon, NW1 8DU
- Notice varied and upheld16 September 20263356264Flat A, 190 Fordwych Road, London, NW2 3NX
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.
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