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Planning appeal decision

Notice varied and upheld20 January 20233285923

271, Kensal Road, London, W10 5DB

Planning appeal 3285923 at 271, Kensal Road, London, W10 5DB (Royal Borough of Kensington and Chelsea) was allowed in part (a split decision) on 20 January 2023 by Inspector Satheesan R, by written representations. The main issue, as the Inspector framed it: The effect of the extraction equipment on the living conditions of neighbouring occupiers of the upper floor residential flat at 271 Kensal Road, with particular regard to outlook.

the installation of extraction flue and related equipment to the rear

Authority
Royal Borough of Kensington and Chelsea
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Satheesan R
Postcode
W10 5DB

Main issues, as the Inspector framed them

  • The effect of the extraction equipment on the living conditions of neighbouring occupiers of the upper floor residential flat at 271 Kensal Road, with particular regard to outlook
  • The effect of the extraction equipment on the living conditions of neighbouring occupiers of 271 and 273 Kensal Road, with particular regard to noise, nuisance, and odour

What decided it

The proposed extraction duct would result in unacceptable harm to the outlook and living conditions of neighbouring occupiers at 271 Kensal Road due to its height, scale, and visual intrusiveness in close proximity to habitable room windows, making the development incompatible with the mixed commercial-residential setting.

What the Inspector cited

Development plan policies
Policy CL5Policy CE6

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.

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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 2023

  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. Dismissed24 February 20266000895
    6 St. Marys Gate, London, W8 5UA
  4. Notice upheld11 February 20263352699
    12-14 Pottery Lane, London, W11 4LZ
  5. Planning permission granted26 January 20263359961
    Land 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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.