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Planning appeal decision

Dismissed5 January 20233295942

8 Aubrey Walk, London, W8 7JG

Planning appeal 3295942 at 8 Aubrey Walk, London, W8 7JG (Royal Borough of Kensington and Chelsea) was dismissed on 5 January 2023 by Inspector Bell-Williamson J, by written representations. The main issue, as the Inspector framed it: Whether the proposed front and side lightwells would preserve or enhance the character or appearance of the Kensington Conservation Area.

excavation of basement storey below footprint of property together with creation of lightwells to front, rear and side elevations without complying with a condition attached to planning permission Ref PP/19/03749, dated 24 July 2019. The condition in dispute is No 2, which states that: ‘The development shall not be carried out except in complete accordance with the details shown on submitted plans 17-009-01 (sheet 1 of 3); 17-009-01 (sheet 2 of 3); 17-009-01 (sheet 3 of 3); 17-009- 02 B (sheet 1 of 4); 17-009-02 B (sheet 2 of 4); 17-009-02 B (sheet 3 of 4) and; 17- 009-02 B (sheet 4 of 4)

Authority
Royal Borough of Kensington and Chelsea
Appeal type
householder · Householder (HAS)
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Bell-Williamson J
Postcode
W8 7JG

Main issues, as the Inspector framed them

  • Whether the proposed front and side lightwells would preserve or enhance the character or appearance of the Kensington Conservation Area

What decided it

The proposed open lightwells would fail to preserve the character and appearance of the Kensington Conservation Area, contrary to Policy CL7 and other relevant policies, and the fire safety benefit claimed does not outweigh this harm.

What the Inspector cited

Development plan policies
Policy CL7Policy CL1Policy CL6Policy CL2Policy CL3Policy CL11
National Planning Policy Framework
Paragraph 199Paragraph 202

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 applied

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. Allowed23 June 20263362698
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  3. Dismissed15 June 20266001948
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  4. Dismissed2 June 20263376699
    Kings Road, Outside No. 395, London, SW10 0LR
  5. Dismissed19 May 20266003102
    Kensington High Street, Outside No. 254, London, W8 6ND

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.