®Planning appeal decision
44-46 Birchington Road, London, NW6 4LJ
Planning appeal 3360481 at 44-46 Birchington Road, London, NW6 4LJ (London Borough of Camden) was dismissed on 21 July 2025 by Inspector Nilsson A, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the character and appearance of the area.
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
- Postcode
- NW6 4LJ
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.
What the Inspector cited
- Development plan policies
- 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)
- National Planning Policy Framework
- Paragraph 11
- Judgments
- Holborn Studios Ltd v The Council of the London Borough of Hackney (2018); Bernard Wheatcroft v Secretary of State for the Environment (1982)
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.