®Planning appeal decision
44-46 Birchington Road, London, NW6 4LJ
a new dwelling above existing commercial unit
- Authority
- London Borough of Camden
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Nilsson A
Main issues, as the Inspector framed them
- the effect of the proposed development on the character and appearance of the area
- whether the proposed development provides suitable access
- the effect of the proposed pedestrian access on the living conditions of occupants of 28 and 29 Quex Mews in terms of outlook
- whether the occupants of the proposed development would be exposed to unacceptable air quality
What decided it
The failure to submit an Air Quality Assessment to demonstrate that future occupants would not be exposed to unacceptable air quality, contrary to Policy CC4 of the Camden Local Plan and the Camden Planning Guidance on Air Quality.
The benefits of housing delivery (given the Council's housing delivery substantially below requirement) and additional residents contributing to the local economy were given significant weight, but were outweighed by the greater significant weight attached to the failure to ensure future occupants would not be exposed to unacceptable air quality.
Framework references: 11
Plan policies cited: Policy D1 of the Camden Local Plan (2017), Policy C6 of the Camden Local Plan (2017), Policy A1 of the Camden Local Plan (2017), Policy CC4 of the Camden Local Plan (2017), Policy D6 of the London Plan (2021)
Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney (2018); Bernard Wheatcroft v Secretary of State for the Environment (1982)
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.