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Split Decision5 December 20243326185

Armitage Hall Apartment, 224 Great Portland Street, London, W1W 5QP

Planning appeal 3326185 at Armitage Hall Apartment, 224 Great Portland Street, London, W1W 5QP (City of Westminster Council) was allowed in part (a split decision) on 5 December 2024 by Inspector Bale M, following an inquiry. The main issue, as the Inspector framed it: The effect on the living conditions of the occupiers of Flats 6, 8 and 12 Armitage Apartments, with regard to outlook and disturbance from noise.

Installation of a water/sprinkler tank, air conditioning units, screening and a box housing with pipework/ducting and MVHR unit at third floor level within the south lightwell of the building (subject of enforcement notice, appeals A and B, and of appeal C seeking retrospective outline permission for the sprinkler tank, wall mounted box enclosing pipework and plant room enclosure panels)

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Other minor developments
Inspector
Bale M
Postcode
W1W 5QP

Main issues, as the Inspector framed them

  • The effect on the living conditions of the occupiers of Flats 6, 8 and 12 Armitage Apartments, with regard to outlook and disturbance from noise

What decided it

Whether individual items of unauthorised development caused harm to the outlook and living conditions (through enclosure and noise) of neighbouring flat occupiers determined which elements were permitted and which were refused.

The identified harm to outlook and living conditions caused by the Screening was not outweighed by the appellants' limited-weight fallback position, leading to its refusal, whereas the other plant items, being found not harmful subject to a noise attenuation condition, were granted permission.

What the Inspector cited

Development plan policies
Policy 38 of the Westminster City Plan 2021Policy D13 of the London Plan 2021Policy D14 of the London Plan 2021CP Policy 33CP Policy 38
Judgments
R (oao Braithwaite) v East Suffolk Council [2023] PTSR 832

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 applied

The decision letter

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More decisions in City of Westminster Council

The authority’s record since 2016 · every decision in 2024

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  5. Notice varied and upheld4 August 20263374230
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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.