Planning Search

1)

The proposed development, by reason of the loss of the existing building which makes a positive contribution to the character of the De Vere Conservation Area and the design, height and massing of the replacement buiding, would result in less than substantial harm to the De Vere Conservation Area and would fail to preserve the character and appearance of the conservation area. The identified harm is not outweighed by the public benefits of the proposal. The proposed development is therefore contrary to development plan policies in particular CL1, CL2, CL3 and CL4 of the Local Plan (2019) and D3 and HC1 of the London Plan (2021), and guidance in the National Planning Policy Framework.

2)

The application fails to achieve diversity of housing as required by Strategic Objective C06 of the Local Plan and in particular as no affordable housing is proposed, the application fails to demonstrate that the maximum reasonable provision of affordable housing would be provided, contrary to development plan policy in particular policy CH2 of the Local Plan and policies H4 and H5 of the London Plan, the RBKC Community Housing SPD and the Mayor's Affordable Housing and Viability SPG.

3)

The loss of trees of amenity value would be harmful to the character and appearance of the conservation area. As such the proposal would be contrary to development plan policies in particular, local plan policies CR6, CL3 and CL7(d).

4)

In the absence of a completed legal agreement to ensure that the new dwellings would have no entitlement to park in resident's permit parking bays ("permit-free") the proposal would fail to have an acceptable impact on the highway contrary to development plan policy, in particular Local Plan policy CT1 and the Transport and Streets SPD.

5)

The proposal would impact upon the living conditions enjoyed within 46 Victoria Road by a material and harmful degree, particularly with regard to loss of natural light and increased sense of enclosure. As such, the development would be contrary to policies of the development plan, in particular policy CL5 of the Local Plan 2019.

Refused despite advice followed
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 in this case. Nevertheless, in the final analysis the application was still refused, with all material considerations taken into account. The Council is ready to enter into discussions with the applicants through the advice service to assist in the preparation of a new planning application.

Unique text
You are advised that reason for refusal number 4 could be overcome through the completion of a legal agreement to ensure that residents are not eligible for a parking permit.