®Planning appeal decision
Ground/basement floors (And Flat 1 First and Second Floors), 108 Great Portland Street, LONDON, W1W 6PG
1. Improved fire access and amenity access onto a pre- existing terrace, by replacing a window with a door (completed on or before 4 February 2020) 2. Replacing a wooden parapet safety railing running between a gap in the brick parapet, with a brick in-fill in the parapet (completed in December 2019)
- Authority
- City of Westminster Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Householder developments
- Inspector
- Curnow R
Main issues, as the Inspector framed them
- In both appeals, the main issue is the effect of the development on the character and appearance of the host building and the Harley Street Conservation Area ('HSCA') and the setting of the East Marylebone Conservation Area ('EMCA').
What decided it
The Inspector's finding that the flat roof, parapet infill and door replacement preserved the character and appearance of the host building and conservation areas, whereas the decking and fencing caused less than substantial harm not shown to be outweighed by public benefits, determined the split outcome.
the less than substantial harm to the HSCA and the setting of the EMCA caused by the decking and fencing was not outweighed by any demonstrated public benefits, so permission for those elements was refused, while the other operational works caused no harm and required no balancing exercise
Plan policies cited: Policy 1 of The London Plan March 2021, Policy HC1, Policies 7, 38 and 40 of the Westminster City Plan 2019-2040
Judgments cited: Simms v SSE & Broxtowe BC [1998] JPL B98; Lynch v SSE & Basildon BC [1999] JPL 354; Dacorum BC v SSETR & Walsh [2001] J.P.L. 420; H T Hughes v SSE and Fareham BC [1985] JPL 486
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.