Planning appeal decision
195-197 Edgware Road, London, W2 1ES
without the requisite planning permission and within the last 10 years, the material change of use of the highway at the Star Street frontage of the Property from use for the passing of pedestrians to use for the provision of tables and chairs, free standing canvas barriers, and the installation of a fixed screen affixed to the building at ground floor level on the Star Street elevation of the Property, at the south-west end of the seating area
- Authority
- City of Westminster Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- leisure-sport · Change of use
- Inspector
- Rafferty C
Main issues, as the Inspector framed them
- The effect of the development on highway safety
- The effect of the development on the setting of a nearby conservation area and listed buildings
- The effect of the development on the living conditions of occupiers of surrounding properties, with particular regard to noise and disturbance
What decided it
The development impedes the free flow and safe passage of pedestrians on an already narrow and busy footpath, causing unacceptable harm to highway safety which cannot be outweighed by the modest public benefits of the café seating area.
Plan policies cited: Policy SD6 of the London Plan 2021, Policy 7 of the City of Westminster City Plan 2019-2040, Policy 25 of the City of Westminster City Plan 2019-2040, Policy 28 of the City of Westminster City Plan 2019-2040, Policy 43 of the City of Westminster City Plan 2019-2040, Policy HC1 of the London Plan 2021, Policy 39 of the City of Westminster City Plan 2019-2040, Policy D14 of the London Plan 2021, Policy 33 of the City of Westminster City Plan 2019-2040
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.
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