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Planning appeal decision

Allowed19 March 20266001343

44 Victoria Road, LONDON, W8 5RQ

construction of basement under footprint of building with lightwells; demolition of single-storey side extension/ garage and rear conservatory at lower ground level and construction of (smaller) single-storey side extension; insertion of rooflight in rear roof slope. Construction of cycle racks and replacement bin store in front garden area; alterations to elevations and construction of new front boundary wall and railings

Authority
Royal Borough of Kensington and Chelsea
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Clark L

Main issues, as the Inspector framed them

  • whether the proposed development would constitute a material change of use
  • the effect of the proposal on housing mix, having regard to relevant development plan policies
  • whether proposed Flats 2 and 3 would be independent dwellings
  • whether future occupiers would be likely to experience low-quality and substandard living conditions
  • the effect of the proposed development on the character and appearance of the host property and the De Vere Conservation Area

What decided it

The fallback position represented by the Lawful Development Certificate, which would result in similar housing mix effects if the appeal were dismissed, was a material consideration of considerable weight sufficient to outweigh the conflict with development plan policies on housing mix.

Plan policies cited: Policy HO1, Policy HO4, Policy HO2, Policy D6 of the London Plan 2021, Policy CD1, Policy CD2, Policy CD3, Policy CD4, Policy CD13

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.