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Property details

Case reference: PP/18/05313
Address: Heythrop College, 23-24 Kensington Square, LONDON, W8 5HH
Ward: Queens Gate
Polling district: 14
Listed Building Grade: 2
Conservation area: Kensington Square

Applicant details

Applicant's name: Leopard UK Kensington Propco Ltd
Applicant company name: Savills
Contact address: 33 Margaret Street LONDON W1G 0JD

Proposal details

Application type: PP (Planning permission)
Proposed development Reinstatement of three townhouses (Class C3), (part of 23 and 24 Kensington Square); refurbishment of college building (part of 23 Kensington Square) and use as an extra care facility (Class C2). Demolition of all other buildings on site. Erection of deck over adjacent London Underground line and construction of 5 buildings (ranging between 1 and 8 storeys in height) for use as an extra care facility including units, communal facilities and services areas, community hall and on-site affordable housing and associated access parking, servicing and landscaping. (MAJOR DEVELOPMENT)
Date received: 03 Sep 2018
Registration date:
(Statutory start date)
05 Sep 2018
Public consultation ends: 09 Nov 2018
Application status: Appeal Decided
Target date for decision: 05 Dec 2018

Decision details

This case has not yet been decided.

Decision: Refuse Planning Permission/Consent
Decision date: 10 May 2019
Conditions and reasons:

1)

Pursuant to the provisions of article 5(1)(b)(i) of the Town and Country Planning (Mayor of London) Order 2008, the Mayor of London directs that the Use Class of the specialist older persons housing element of the proposal is considered to be C3 therefore affordable housing policies apply to this element in addition to three townhouses. Five affordable units are included within the proposal however on the basis of the evidence presented, the applicant has failed to demonstrate that the scheme would deliver the maximum reasonable amount of affordable housing and the proposals are therefore contrary to the NPPF, London Plan Policy 3.12, draft London Plan Policies H5 and H6 and the Mayor's Affordable Housing and Viability SPG, and Kensington and Chelsea Local Plan Policy CH 2.

2)

Pursuant to the provisions of article 5(1)(b)(i) of the Town and Country Planning (Mayor of London) Order 2008, the Mayor of London directs that inadequate provision has been made in the draft s.106 agreement to secure the required affordability levels and delivery of the five affordable units and for viability review mechanisms. The absence of adequate and robust affordable housing clauses within the draft s.106 does not therefore support the delivery of the maximum reasonable amount of affordable housing on the site and is contrary to London Plan Policy 3.12 draft London Plan Policy H6 and the Mayor's Affordable Housing and Viability SPG and Kensington and Chelsea Local Policy CH 2.

3)

In the absence of agreed Section 106 obligations, and provisions under section 16 of the General Powers Act, which would secure the necessary mitigation measures and infrastructure which are necessary to make the development acceptable, the proposal would be contrary to policies of the development plan, in particular policies 3.12 and 3.16 of the London Plan, and policies C1, CT1 and CH2 of the Consolidated Local Plan

Informatives:

1)

Refused despite pre-app advice
To assist applicants in finding solutions to problems arising in relation to their development proposals the Local Planning Authority has produced planning policies, and provided written guidance, all of which are available on the Council's website, and offers a pre-application advice service. Pre-application advice was sought and provided. This advice was adhered to. However, pursuant to the provisions of article 5(1)(b)(i) of the Town and Country Planning (Mayor of London) Order 2008, the Mayor of London has directed the Local Planning Authority to refuse planning permission for the reasons cited.

Committee details

Decision by: This case is currently due to be decided under delegated powers.
Date:27 Nov 2018
Time:18:30
Venue:Committee Room 1
Report item number:C140

Appeal details

This case has not been appealed.

Planning Inspectorate reference number: W/19/3228820
Appeal received: 15 May 2019
Appeal type: PP
Appeal procedure: PI (Public Inquiry)
Appeal start date: 03 Sep 2019
Deadline for comments to be received by the Planning Inspectorate: 13 Nov 2019
Hearing/Inquiry date:27 Jan 2020
Number of days for Hearing/Inquiry:9
Appeal decision: ALL
Appeal decision date: 17 Aug 2020

Contact details

Planning case officer: Joseph Whitworth
Planning team: Central Area team
Email: planning@rbkc.gov.uk
Telephone: 020 7361 3012

Comment on this application

The consultation period for this application has ended.

Documents related to case PP/18/05313