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Planning appeal decision

Quashed On Legal Grounds1 March 20223280739

Land at 42 Hornton Street, London, W8 4NT

Planning appeal 3280739 at Land at 42 Hornton Street, London, W8 4NT (Royal Borough of Kensington and Chelsea) was decided (quashed on legal grounds) on 1 March 2022 by Inspector Harwood A, by written representations. The main issue, as the Inspector framed it: Whether the material change of use of the building to a hotel has occurred as a matter of fact.

Without planning permission, the material change of use of 10 self-contained residential units (Use Class C3) to a hotel (Use Class C1) comprising 10 serviced rooms

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Harwood A
Postcode
W8 4NT

Main issues, as the Inspector framed them

  • Whether the material change of use of the building to a hotel has occurred as a matter of fact

What decided it

The Inspector determined that the alleged material change of use to a hotel had not been demonstrated as a matter of fact, given the building's appearance as a block of apartments, lack of communal hotel facilities, and unclear evidence regarding the extent and nature of the short-term letting.

The decision letter

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More decisions in Royal Borough of Kensington and Chelsea

The authority’s record since 2016 · every decision in 2022

  1. Planning permission granted23 July 20263328929
    Flat 5, 69 Oxford Gardens, London, W10 5UJ
  2. Quashed On Legal Grounds5 May 20263340011
    The Mews, 1A Victoria Gardens, London, W11 3PE
  3. Notice upheld11 February 20263352699
    12-14 Pottery Lane, London, W11 4LZ
  4. Planning permission granted26 January 20263359961
    Land at 23, And 25-27 Earl’s Court Square, London, SW5 9BY
  5. Split Decision26 January 20263359770
    Land at 23, And 25-27 Earl's Court Square, London, SW5 9DA

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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