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Planning appeal decision

Allowed1 February 20233301508

458 Oxford Street, London, W1C 1AP

Authority
City of Westminster Council
Appeal type
other · Called In Planning Application
Procedure
Inquiry
Development
retail · Not Applicable
Inspector
Nicholson D

Main issues, as the Inspector framed them

  • The extent to which the proposed development is consistent with Government policies for Conserving and enhancing the historic environment in NPPF (NPPF Chapter 16)
  • The extent to which the proposed development is consistent with the development plan for the area

What decided it

The absence of any viable and deliverable refurbishment alternative meant that the substantial public benefits of the redevelopment (design, public realm, employment, regeneration and locational benefits) outweighed the less than substantial heritage harm to designated assets and the substantial harm from loss of the non-designated Orchard House.

The public benefits of the proposal (substantial weight to locational, design, public realm, employment and regeneration benefits; moderate weight to heritage and vitality/viability benefits) outweighed the very great weight given to harm to designated heritage assets and substantial weight to loss of the non-designated heritage asset, resulting in a favourable heritage balance and overall conclusion that permission should be granted.

Framework references: 11, 48, 56, 57, 88, 96, 128, 157, 152, 195, 189, 199, 202, 203, 205, 208, 209

Plan policies cited: Policy HC1, Policy 39, Policy SI 2, Policy SI 7, Policy 36, Policy D2, Policy D3, Policy 38, Policy 13, Policy 15, Policy GG2, Policy SD4, Policy SD5, Policy SD8, Policy 43, Policy 1, Policy 2, Policy 37, Policy 40

Judgments cited: Marks and Spencer plc v Secretary of State for Levelling Up, Housing and Communities and Westminster City Council and SAVE Britain's Heritage [2024] EWHC 452 (Admin); Bedford Borough Council v Secretary of State for Communities and Local Government [2013] EWHC 2847 (Admin); R (Forge Field Society) v Sevenoaks District Council [2014] EWHC 1895 (Admin)

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.