65 Nile Street, London, N1 7RD

Main issues, as the Inspector framed them

• The effect of the proposed development on the supply of employment sites
• Whether the proposed development would provide appropriate living conditions for future occupiers of Unit RO2 with particular regard to outlook and daylight
• The effect of the proposed development on the living conditions of the occupiers of 67 Nile Street with regard to outlook and privacy, and 69 Nile Street with regard to outlook
• Whether the proposed development would encourage future occupiers to use a range of transport modes, with regard to the provision of cycle storage facilities and car free development
• Whether the proposed development would make appropriate provision for affordable housing
• Whether the proposed development would make appropriate provision for carbon offsetting
• If there is any harm and development plan conflict, whether other material considerations indicate that a decision should be made other than in accordance with the development plan

What decided it

The existence of a realistic fallback scheme (an unimplemented prior approval and certificate of lawful development for residential conversion) causing similar harm but fewer benefits than the appeal scheme, to which the Inspector attributed significant weight in favour of the appeal.

the identified harms from loss of employment floorspace and inadequate daylight/outlook for future occupiers, giving rise to conflict with the development plan as a whole, were outweighed by the significant weight attached to the fallback position together with limited weight benefits including housing supply, economic benefits, affordable housing, carbon offsetting and biodiversity enhancement, so the appeal was allowed