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Allowed3 February 20233304054

Kilmuir House, Ebury Street and , 60-64 South Eaton Place, London, SW1W 8TH

Planning appeal 3304054 at Kilmuir House, Ebury Street and , 60-64 South Eaton Place, London, SW1W 8TH (City of Westminster Council) was allowed on 3 February 2023 by Inspector Nunn M, following an inquiry. The main issue, as the Inspector framed it: Whether the proposal complies with development plan policies on affordable housing having regard to viability testing.

demolition of existing buildings and erection of a new building of basement, lower ground, ground and six upper floors and plant at rooftop level to provide residential floorspace (Class C3), flexible retail floorspace (Class A1/A2/A3/A4), disabled car parking and associated landscaping works

Appeal type
other · Planning Appeal
Procedure
Inquiry
Development
residential · Unknown
Inspector
Nunn M
Postcode
SW1W 8TH

Main issues, as the Inspector framed them

  • Whether the proposal complies with development plan policies on affordable housing having regard to viability testing
  • The appropriate definitions and thresholds to apply in the Review Mechanism of the planning obligation

What decided it

The Council's withdrawal of its sole reason for refusal, following acceptance that viability evidence showed the scheme could not deliver policy-compliant affordable housing, meant the proposal accorded with the development plan and should be approved.

the provision of 4 affordable housing units (a benefit beyond what policy could require) together with high-quality design, heritage preservation and no unacceptable neighbour impacts supported a scheme found to accord with the development plan as a whole, so it was approved without delay under paragraph 11(c)

What the Inspector cited

Development plan policies
Policy H4Policy H5Policy 9Policy 34(H)Policy D3Policy 12
National Planning Policy Framework
Paragraph 57Paragraph 11Paragraph 56

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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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.

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