®Planning appeal decision
107 Oakley Street, London, SW3 5NR
Planning appeal 3281306 at 107 Oakley Street, London, SW3 5NR (Royal Borough of Kensington and Chelsea) was allowed on 22 December 2022 by Inspector Thompson P, by written representations. The main issue, as the Inspector framed it: whether the proposed development of the first, second, and third floors would protect against the loss of low-cost housing, as required by the development plan.
change of use of ground to fourth floor of 107 Oakley Street from a house of multiple occupation to reprovide one existing one bed unit, three studios (C3 use class) and associated cycle and bin storage. Appeal B: APP/K5600/Y/21/3283534 107 Oakley Street, London SW3 5NR
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Thompson P
- Postcode
- SW3 5NR
Main issues, as the Inspector framed them
- whether the proposed development of the first, second, and third floors would protect against the loss of low-cost housing, as required by the development plan
- whether the proposed works and development to the first, second and third floors would preserve a Grade II listed building and any features of special historic interest that it possesses, and the effect on the character and appearance of the Cheyne Conservation Area
What decided it
The Housing Delivery Test results rendered LP Policy CH4 out-of-date, triggering the tilted balance, and material considerations—particularly that the existing HMO was not fulfilling its housing role and the policy's ineffectiveness in delivering genuinely affordable housing—outweighed the conflict with the development plan.
The conflict with the development plan in failing to protect low-cost housing (moderate weight against) was outweighed by material considerations of significant or considerable weight in favour, including the failure of the existing HMO to meet housing needs, the provision of improved self-contained accommodation, the securing of the listed building's future, and the undermining of the policy's effectiveness by evidence that studio flats are not affordable to key workers.
What the Inspector cited
- Development plan policies
- Policy CH4Policy CL1Policy CL2Policy CL3Policy CL4Policy CL6Policy CL11Policy CT1
- National Planning Policy Framework
- Paragraph 11Paragraph 57
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.