®Planning appeal decision
52-70 Fitz-George Avenue, London, W14 0SW
Planning appeal 3310507 at 52-70 Fitz-George Avenue, London, W14 0SW (London Borough of Hammersmith and Fulham) was allowed on 20 June 2023 by Inspector Davies N, by written representations. The main issue, as the Inspector framed it: Whether the proposal would provide suitable living conditions for future occupants with regard to internal living space, light, outlook, and outdoor amenity space.
Creation of three self-contained flats (2x1 bed and 1x2 beds) at rear lower ground floor level through change of use of existing basement storage area and excavating and enlarging the existing basement level, creation of new lightwells and associated installation of new windows and doors, and erection of a bike store, without complying with conditions attached to planning permission Ref 2016/04789/FUL
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Davies N
- Postcode
- W14 0SW
Main issues, as the Inspector framed them
- Whether the proposal would provide suitable living conditions for future occupants with regard to internal living space, light, outlook, and outdoor amenity space
- Whether sufficient cycle parking space would be provided
- Whether the occupants of the proposed and existing accommodation would be safe from the risk of fire
What decided it
The fallback position of the lawfully commenced planning permission for three larger flats with the same level of cycle parking justified allowing the appeal despite the shortfall in cycle parking spaces against policy standards.
The benefits of providing three residential units with satisfactory living conditions and fire safety measures, considered against the shortfall in cycle parking provision, were balanced in favour of allowing the appeal by reference to the material consideration of the implementable fallback position.
What the Inspector cited
- Development plan policies
- Policy D6 of the London Plan (2021)Policy T5 of the London Plan (2021)Policy D12 of the London Plan (2021)Policies HO4 and HO11 of the Hammersmith & Fulham Local Plan (2018)Key Principle HS2 of the Hammersmith & Fulham Planning Guidance Supplementary Planning Document (2018)Key Principle DA14 of the Hammersmith & Fulham Planning Guidance Supplementary Planning Document (2018)Policy BE1 of the Core Strategy (2011)Policies DM A1, DM A2, DM A3, DM A4, DM A9, DM G3 and DM G7 of the Development Management Local Plan (2013)Policies DM J5 and DM H5 of the Development Management Local Plan (2013)Core Strategy Borough Wide Strategic Policy CC3
- Judgments
- Finney v Welsh Ministers [2019] EWCA Civ 1868
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.