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Allowed1 February 20233301508

458 Oxford Street, London, W1C 1AP

Planning appeal 3301508 at 458 Oxford Street, London, W1C 1AP (City of Westminster Council) was allowed on 1 February 2023 by Inspector Nicholson D, following an inquiry. The main issue, as the Inspector framed it: The extent to which the proposed development is consistent with Government policies for Conserving and enhancing the historic environment in NPPF (NPPF Chapter 16).

Demolition of the three existing buildings on site and construction of a 2-basement, ground plus 9 storey mixed use development (Use Class E) comprising retail, café/restaurant, office and gym as well as a new pedestrian arcade, public realm works and associated works

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.

What the Inspector cited

Development plan policies
Policy HC1Policy 39Policy SI 2Policy SI 7Policy 36Policy D2Policy D3Policy 38Policy 13Policy 15Policy GG2Policy SD4Policy SD5Policy SD8Policy 43Policy 1Policy 2Policy 37Policy 40
National Planning Policy Framework
Paragraph 11Paragraph 48Paragraph 56Paragraph 57Paragraph 88Paragraph 96Paragraph 128Paragraph 157Paragraph 152Paragraph 195Paragraph 189Paragraph 199Paragraph 202Paragraph 203Paragraph 205Paragraph 208Paragraph 209
Judgments
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)

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 City of Westminster Council

The authority’s record since 2016 · every decision in 2023

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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.

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.