Curzon Street, London, W1J 5JA

Planning appeal 3292545 at Curzon Street, London, W1J 5JA (City of Westminster Council) was dismissed on 11 August 2022 by Inspector Mageean A, following an inquiry. The main issue, as the Inspector framed it: The extent to which the basement aspects of the proposal accord with development plan policies, with particular reference to the effects of the operations involved in, and associated with, basement excavation on the living conditions of the occupiers of neighbouring properties.

replacement of existing 7th floor level and roof plant area, excavation of three new basement levels, infilling of windows at the rear, replacement windows and doors at ground and first floor level, new loading doors onto Chesterfield Gardens and refurbishment works, all for use of the building as a 60 to 70 bedroom hotel and private members' club including restaurants, spa/wellness centre and retail (sui generis use), with plant at 6th, 7th floor, roof level and basement level 3 and roof terraces at seventh floor level

Authority: City of Westminster Council
Appeal type: major · Planning Appeal
Procedure: Inquiry
Development: leisure-sport · Other Major Developments
Inspector: Mageean A
Postcode: W1J 5JA

Main issues, as the Inspector framed them

The extent to which the basement aspects of the proposal accord with development plan policies, with particular reference to the effects of the operations involved in, and associated with, basement excavation on the living conditions of the occupiers of neighbouring properties
Whether sufficient information has been presented to demonstrate that the loss of office floorspace to hotel use can be justified
Whether the proposal accords with the development plan taken as a whole and whether there are any other material considerations which justify a determination other than in accordance with the development plan

What decided it

The proposal's conflict with City Plan Policy 45 (basement construction harm to neighbouring living conditions) and Policy 13/London Plan Policy E1 (unjustified loss of office floorspace due to inadequate marketing evidence), which together meant the scheme conflicted with the development plan as a whole and was not outweighed by the identified benefits.

the moderate and modest benefits of the scheme (social/cultural infrastructure, heritage enhancement, economic benefits) did not outweigh the identified harm to neighbours' living conditions from basement construction and the unjustified loss of office floorspace, so the development plan conflict prevailed

What the Inspector cited

Development plan policies: Policy 45Policy CM28.1Policy 33London Plan Policy D10Policy 13London Plan Policy E1Policy S20London Plan Policy GG5Policy HC6Policy E10Policy 14Policy 15Policy 16Policy 17London Plan Policy SD4

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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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.