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Planning appeal decision

Dismissed11 August 20223292545

Curzon Street, London, W1J 5JA

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

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

Plan policies cited: Policy 45, Policy CM28.1, Policy 33, London Plan Policy D10, Policy 13, London Plan Policy E1, Policy S20, London Plan Policy GG5, Policy HC6, Policy E10, Policy 14, Policy 15, Policy 16, Policy 17, London Plan Policy SD4

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.