®Planning appeal decision
Ground/basement Floors (And Flat 1 First and Second Floors), 108 Great Portland Street, London, W1W 6PG
Planning appeal 3310080 at Ground/basement Floors (And Flat 1 First and Second Floors), 108 Great Portland Street, London, W1W 6PG (City of Westminster Council) was allowed on 19 April 2024 by Inspector Curnow R, following an inquiry. The main issue, as the Inspector framed it: 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').
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
- Postcode
- W1W 6PG
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
What the Inspector cited
- Development plan policies
- Policy 1 of The London Plan March 2021Policy HC1Policies 7, 38 and 40 of the Westminster City Plan 2019-2040
- Judgments
- 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
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.