®Planning appeal decision
4 Campden Street, London, W8 7EP
Planning appeal 3270637 at 4 Campden Street, London, W8 7EP (Royal Borough of Kensington and Chelsea) was dismissed on 5 October 2021 by Inspector Wyborn D, by written representations. The main issue, as the Inspector framed it: Whether the application under section 73 of the Town and Country Planning Act 1990 is within scope, having regard to the Finney v Welsh Ministers judgement and whether the proposed variation would conflict with the operative part of the original planning permission.
the partial change of use of lower- ground floor level ancillary shop floorspace (Use Class A1) to create a one bedroom home (Use Class C3) with integral rear outdoor amenity area while retaining storage space for ground floor retail unit at no.4 plus associated external alterations at rear lower ground floor level without complying with a condition attached to planning permission Ref PP/20/00083, dated 25 September 2020
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Wyborn D
- Postcode
- W8 7EP
Main issues, as the Inspector framed them
- Whether the application under section 73 of the Town and Country Planning Act 1990 is within scope, having regard to the Finney v Welsh Ministers judgement and whether the proposed variation would conflict with the operative part of the original planning permission
What decided it
The proposed variation would alter the description of the original development by removing the retention of retail storage space, which is beyond the scope of a section 73 application under the Finney judgement.
What the Inspector cited
- Judgments
- Finney v Welsh Ministers & Others [2019] EWCA Civ 1868
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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With an account
What an account adds to this decision
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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.