Planning appeal decision
Archway Campus, 2-10 Highgate Hill, London, N19 5LP
full application for temporary use of existing buildings for non-residential artists’ studios and exhibition space (Sui Generis)
- Authority
- London Borough of Islington
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- community-institutional · Other Major Developments
- Inspector
- Wiltshire M
Main issues, as the Inspector framed them
- Whether there is a need for the proposed meanwhile use having regard to its scale and any specific need for artists' studios/exhibition space identified by the Council in accordance with Policy HC5 of the London Plan and Local Plan Policy R9.
- Whether the proposed meanwhile use, by reason of: (i) the period of use proposed; (ii) its proposed scale, (iii) extent of occupation across the site, and (iv) its timeframe for roll out, would impede the policy priority for the residential led redevelopment of the site and the urgent delivery of conventional housing, contrary to: (i) Site Allocation ARCH5 (2023); (ii) the urgent imperative to deliver conventional housing on the site reflected in the housing targets in Local Plan Policy H1; and (iii) Local Plan Policy R9.
- Whether the CIL contributions from the residential development are a necessary material consideration under s.70(2)(b) and, if so, whether the proposed meanwhile use, which is expressly pending long term residential development of the site, would result in a substantial reduction of the projected CIL contributions that residential development would generate resulting in a loss of necessary enhancements to services and the environment contrary to Local Plan Policy ST1.
- Whether the proposal fails to provide sufficient detail to demonstrate that the operation of the proposed meanwhile use would achieve the highest standards of fire safety and ensure the safety of all building users, contrary to Policies D5 and D12 of the London Plan.
What decided it
The combined substantial harms of delay to housing delivery/conflict with the development plan and insufficient fire safety detail were found to significantly and demonstrably outweigh the modest benefits of the meanwhile use.
The harms of delay to housing delivery and development plan conflict, fire safety deficiencies, and reduced CIL contributions (carrying substantial weight overall) significantly and demonstrably outweighed the modest benefits of the meanwhile artists' studios use, so the balance tipped against permission.
Plan policies cited: Policy HC5, Policy R9, Policy H1, Site Allocation ARCH5, Policy ST1, Policy D12, Policy D5
Judgments cited: Newbury v SSE; R(Wright) v Resilient Energy Severndale Ltd [2019] UKSC 53; Mount Cook Land case
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.
®