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Planning appeal decision

Dismissed19 September 20233320798

36 Lancaster Grove, LONDON, NW3 4PB

the conversion of a former fire station tower (sui generis) to a one-bedroom residential unit (Use Class C3) on second to fifth floors plus creation of roof terrace including installation of balustrade and removal of chimneys

Authority
London Borough of Camden
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Change of use
Inspector
Chamberlain G

Main issues, as the Inspector framed them

  • Whether the proposed development would make adequate provision for affordable housing (Appeal A)
  • The effect of the proposed development and works on the significance of 36 Lancaster Grove (listed as the Belsize Fire Station), which is a Grade II* listed building (Appeals A and B)
  • Whether the proposed development would provide adequate living conditions for future occupants (Appeal A)

What decided it

The absence of any mechanism to secure the necessary affordable housing contribution under Policy H4 meant the total harm (heritage plus affordable housing shortfall) significantly and demonstrably outweighed the benefits, leading to dismissal of Appeal A, whereas for Appeal B the limited heritage harm alone was outweighed by public benefits, leading to its allowance.

For Appeal A, the benefits of the scheme (new home, reuse of brownfield land, economic benefits) outweighed the less-than-substantial heritage harm, but when the unresolved affordable housing conflict was added, the total harm significantly and demonstrably outweighed the benefits under the tilted balance, so the appeal was dismissed; for Appeal B, the limited heritage harm was outweighed by the public benefits, so the appeal was allowed.

Framework references: 64, 11, 152, 120

Plan policies cited: Policy T2, Policy H4, Policy D2, Policy HC1, Policy H6, Policy A1, Policy D6

Judgments cited: R (Westminster City Council) v First Secretary of State and Brandlord Limited [2003] J.P.L 1066; New Dawn Homes Ltd v SSCLG [2016] EWHC 3314 (Admin)

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.