1a Ravenscourt Road, London, W6 0UH
London Borough of Hammersmith and Fulham — appeal allowed
- Outcome
- Allowed
- Decision date
- 23 August 2023
- Authority
- London Borough of Hammersmith and Fulham
- Inspector
- Wilson L
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor offices/R&D/light industry
- Appellant
- Ocarina Management Ltd
- LPA reference
- 2022/01497/FUL
- ONS LPA code
- E09000013
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 15 March 2023
Summary AI
The appeal was allowed due to the inspector's findings that the proposed development would comply with policies DC1, DC2, and HO11 of the Hammersmith and Fulham Local Plan (2018), and would not cause harm to the living conditions of neighbouring residential occupiers.
PDF text
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision Site visit made on 17 July 2023 by L Wilson BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 23 August 2023 Appeal Ref: APP/H5390/W/22/3304797 1A Ravenscourt Road, London W6 0UH • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission. • The appeal is made by Ocarina Management Ltd against the Council of the London Borough of Hammersmith and Fulham. • The application Ref 2022/01497/FUL is dated 20 May 2022. • The development proposed was originally described as demolition of the existing single- storey office building (Class B1) and construction of a part single, part two storey commercial office building (Class B1), with associated car parking and bicycle parking (Resubmission). Decision 1.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision The appeal is allowed and planning permission is granted for the demolition of the existing single storey office building, erection of a replacement part one and part two storey office building (Class E); alterations to the front boundary treatment and installation of new gates to the front boundary wall; associated car and cycle parking at 1A Ravenscourt Road, London W6 0UH in accordance with the terms of the application Ref 2022/01497/FUL, dated 20 May 2022, and the plans submitted with it, subject to the attached schedule of conditions. Applications for costs 2. An application for costs was made by the appellant against the Council. This application is attached as a separate Decision. Preliminary Matters 3. The description of development in the formal decision above has been taken from the appeal form and Council’s statement of case. This is because it is a more accurate reflection of the development for which permission is sought, than that given on the application form, as Class B1 has been revoked and replaced with Class E. 4. The appeal is against the non-determination of a planning application.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision The Council’s submission sets out that they would have refused the application because they consider that the proposed development would be unacceptable in the interests of residential amenity. 5. The appellant and Council were given the opportunity to comment on the schedule of conditions, and I have taken into account their comments. https://www.gov.uk/planning-inspectorate
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision The Council’s submission sets out that they would have refused the application because they consider that the proposed development would be unacceptable in the interests of residential amenity. 5. The appellant and Council were given the opportunity to comment on the schedule of conditions, and I have taken into account their comments. https://www.gov.uk/planning-inspectorate
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision Appeal Decision APP/H5390/W/22/3304797 Main Issue 6. The main issue is the effect of the proposed development on the living conditions of the occupiers of No 1 Ravenscourt Road, with particular reference to outlook. Reasons 7. The appeal site comprises a dilapidated single-storey, flat roofed office building. To the south, the site is bounded by Nos 232-236 King Street, to the west by the Polish Cultural Centre, and to the north by No 1 Ravenscourt Road. The Council are particularly concerned with the developments impact on No 1. The existing building towards the rear of the appeal site is adjacent to the common boundary shared with No 1 and No 1’s conservatory. 8. The appeal site is located in an urban area which is characterised by limited gaps between buildings. The appellant has provided examples of comparable separation distances. Ravenscourt Road primarily contains two and three- storey dwellings. The surrounding area contains buildings which height and massing are greater than the building proposed, and significantly greater than the existing building.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision For example, the Polish cultural centre to the rear of the appeal site is much higher than No 1 and its dominant presence would be apparent from No 1, including the garden. 9. The appeal site has been subject to numerous planning applications and appeals. The appellant has sought to address the Inspector’s concerns in the latest appeal decision1. The Inspector focused on the harm of the single-storey element of the proposal rather than the two-storey element. The scheme before me has been amended to remove the extended single storey element along the shared boundary. The proposed ground floor footprint would broadly follow the existing building line adjacent to No 1’s conservatory. 10. I agree with the Inspector’s findings in relation to key principles HS6 and HS7 of the Council’s Planning Guidance Supplementary Planning Document (2018) (SPD), including in relation to the 45 degrees rule. Thus, it is the specific factors on the ground that have had a greater bearing in informing my judgement as to the likely impact upon the outlook for occupants of No 1. 11. No 1 is a two-storey residential dwelling and has windows facing towards the appeal site.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision The ground floor windows and French doors serve well used rooms, including a reception room in use as a bedroom, kitchen and conservatory. There are also first floor windows facing towards the appeal site. No 1’s garden is to the side of the dwelling, adjacent to the appeal site. Along the boundary is a wall with trellis above. There is also a tree adjacent to the common boundary, within No 1’s garden. 12. The proposed building would be part single storey and part two storey. The single storey element would not cause harm to No 1 because it’s siting, and height would be similar to the existing building. The two-storey element would be positioned centrally within the site. The height of the two-storey element reflects that of the previous proposal which height and bulk was decreased compared to the scheme before that2. The development would be visible from No 1’s windows and garden but there would be a reasonable gap between the 1 APP/H5390/W/21/3280587 2 APP/H5390/W/20/3251263 https://www.gov.uk/planning-inspectorate 2
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision Appeal Decision APP/H5390/W/22/3304797 two-storey element and No 1. The proposed roof design results in the height of the two-storey element not being excessive and much lower than other buildings in the locality. 13. Considering the height, massing, siting of the existing building and proposed building, context of the surrounding area, and boundary treatment, the scheme would not be visually dominant or result in an unacceptable sense of enclosure. Given the separation distance between the two-storey element and No 1, the development would not unacceptably reduce the spacious elements of the outlook from No 1’s windows and garden. Consequently, it would not have an overbearing effect on the outlook from No 1 and would not create a visually incongruous development. I am satisfied that in an urban area such as this, the scheme would not constitute an unneighbourly form of development. 14. The occupiers of No 1 state that they would object to any soft landscaping/ planting along the common boundary. The proposed drawings show planting adjacent to the boundary.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision I am satisfied that a planning condition would adequately address this concern and ensure that the planting would be acceptable and not cause harm to the living conditions of the occupiers of No 1. 15. For these reasons, the proposed development would not have an unacceptable effect on the living conditions of the occupiers of No 1, with particular reference to outlook. Consequently, it would comply with Policies DC1, DC2 and HO11 of the Hammersmith and Fulham Local Plan (2018). These collectively seek, amongst other things, to ensure developments are of a high standard and respect the principles of good neighbourliness and protect existing residential amenities. 16. The proposal would also comply with the overarching aims of key principles HS6 and HS7 of the SPD. These seek to ensure that the amenities of existing residential occupiers are not unduly affected and that there are safeguards against loss of outlook. In addition, it would comply with chapter 12 of the National Planning Policy Framework (the Framework) which seeks to achieve well-designed places and ensure developments create places with a high standard of amenity for existing and future users. Other Matters 17.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision Residents have raised a number of other matters. These include effect on the character and appearance of the area (including the conservation area and locally listed buildings), living conditions, previous applications/ appeals, precedent, overdevelopment. In addition, matters relating to consultation, viability, plant equipment, proposal for a dwellinghouse, transport, disabled access, energy, highway safety, and light pollution. 18. The appeal site is located in the Ravenscourt and Starch Green Conservation Area (CA) and there are nearby locally listed buildings. As such, I have had regard to the statutory duty placed on decision makers in section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. The proposed development would result in a contemporary building that would respect the street pattern and nearby buildings. Taking into account the varied townscape and existing building, the proposal would enhance the character and appearance of the CA and settings of locally listed buildings. Thus, I agree with the findings of the Council and Inspector in the latest appeal.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision The site is located within an urban area where there are a mix of uses and in that context, it https://www.gov.uk/planning-inspectorate 3
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision The site is located within an urban area where there are a mix of uses and in that context, it https://www.gov.uk/planning-inspectorate 3
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision Appeal Decision APP/H5390/W/22/3304797 would not result in overdevelopment of the site. The scheme would not conflict with the National Design Guide. 19. The occupiers of No 1 have raised concerns relating to loss of light and privacy which do not form part of the reason for refusal. The Inspector found in the previous appeal that the Daylight and Sunlight Report results indicate that whilst there would be some reduction in sunlight, the degree of impact would be within the range deemed acceptable in the BRE guidelines. The single-storey element of the proposed building has been reduced and the two-storey element has not altered. I have considered the letter from Anstey Horne, but no substantive evidence has been submitted to undermine the findings of the Inspector or Daylight and Sunlight Report. I am satisfied that the living conditions of No 1 would not be unreasonably compromised due to a reduction in light. Furthermore, considering the brickwork proposed, height of the boundary wall, use of obscure glazing and design of the rooflights (including height and angle), the development would not result in unacceptable overlooking. 20.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision Occupiers of other nearby properties consider that the proposed development would cause harm to their living conditions. The Council’s case only raises significant concern in relation to No 1. Taking into account the separation distance between the proposed building and other nearby dwellings, as well as the existing building, height and bulk of the proposal, and context of the appeal site, the proposed development would not cause harm to the living conditions of neighbouring residential occupiers. 21. In terms of disabled access, the ground floor of the office is accessible by way of a door straight from the street, includes an accessible WC at ground floor level, a lift, and disabled parking bay. The proposal would provide adequate access including for people with reduced mobility. A planning condition could ensure that an Access Statement is submitted to address this concern. 22. The site is located in an area with excellent public transport accessibility. It is highly likely that employees and visitors would travel to the site either by public transport, walking or cycling.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision Having regard to the size of the office building and accessibility of the site, it would not lead to additional trip generation or vehicle movements that would cause congestion on local streets. Furthermore, the construction period would be temporary, and a construction method statement condition could be attached. The proposed development would not have an unacceptable effect on highway safety. 23. Concern has been raised in relation to light pollution. Based on the evidence submitted, it would not be possible to attach a planning condition, that would meet paragraph 56 of the Framework, to ensure internal lights are turned off when the building is not in use. In any event, I am satisfied that the development would not result in unacceptable light pollution in an urban area such as this, and planning conditions could restrict the hours of operation of the building’s use and external lighting. 24. I note the comments regarding consultation (including unethical behaviour), number of applications/ appeals, viability, sale pack brochure, pre-application advice, transport, energy (including no solar power) and plant equipment. However, these matters would not justify withholding planning permission.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision https://www.gov.uk/planning-inspectorate 4
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision https://www.gov.uk/planning-inspectorate 4
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision Appeal Decision APP/H5390/W/22/3304797 25. I have considered the concerns regarding establishing a precedent. However, each development proposal must be considered on its own merits. Whilst I have found this scheme to be acceptable it does not follow that further schemes would be permitted. 26. It has been drawn to my attention that there is a proposal for a dwellinghouse at the appeal site. My role is to determine the appeal based on the planning merits and impacts of the proposed development before me. 27. My findings above, and allowing this appeal are not inconsistent with the previous decisions and would not undermine those decisions. The appellant has sought to address the previous decisions, and their case sets out the differences between the proposal before me and previous decisions. For the reasons set out above, taking into account legal judgements3 and the importance of consistency, the amended development would not cause unacceptable harm. 28. Consequently, subject to appropriate conditions, there is no credible evidence before me that would lead me to an alternative conclusion to the Council on the other matters raised, or that could justify the dismissal of the appeal on these grounds. 29.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision Reference has been made to the health condition and circumstances of a neighbouring resident. The evidence before me highlights that sadly the neighbouring resident has passed away. Even if the Public Sector Equality Duty contained in section 149 of the Equality Act 2010 and Article 8 as set out in the Human Rights Act 1998 were engaged, I am satisfied that a grant of planning permission would not unacceptably interfere with the resident’s right to a private and family life and home, and protected characteristics, as I have found that the development would not have an unacceptable effect on the living conditions of the occupiers of No 1. It is proportionate in the circumstances to allow the appeal. Conditions 30. I have assessed the Council’s suggested conditions (including those highlighted in the Council’s statement of case), and considered conditions suggested by residents. In light of guidance found in the Planning Practice Guidance and where necessary the wording has been amended for clarity and precision. 31. It is necessary to attach a condition specifying the approved plans as this provides certainty.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision In the interest of visual amenity as well as the character and appearance of the CA and the setting of locally listed buildings, conditions relating to materials and telecommunication equipment are necessary. Conditions relating to hard and soft landscape works as well as external alterations to the exterior of the building are necessary to protect the amenity of local residents, in the interest of visual amenity and the character and appearance of the CA. 32. To preserve the health and appearance of the tree within No 1’s garden, a condition relating to an Arboricultural Impact Assessment and a Tree Protection Plan is necessary. Conditions relating to a Construction Method Statement (which includes demolition and construction works) is necessary in order to protect the amenity of local residents and to ensure that the works do not 3 N Wiltshire DC v SSE (1993) 65 P. & C.R. 137 https://www.gov.uk/planning-inspectorate 5
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision Appeal Decision APP/H5390/W/22/3304797 adversely impact the operation of the public highway. To ensure satisfactory provision for cycles, and thereby promote sustainable and active modes of transport, a condition relating to cycle parking is necessary. 33. Conditions relating to mechanical installations, operating hours, preventing a roof terrace, obscure glazing and external lighting are necessary in order to protect the amenity of local residents. To ensure adequate levels of air quality for future occupants of the office space, conditions relating to a ventilation strategy and boiler are necessary. 34. Although refuse details have been provided, a condition relating to refuse and recycling bins is necessary to ensure satisfactory provision of such storage. This condition would ensure that the refuse and recycling provision is implemented in accordance with drawing 575/200 REV C, and that it is retained thereafter. 35. To limit the impact on flood risk and mitigate the susceptibility of the development to flooding, a condition relating to flood mitigation measures is necessary.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision Conditions relating to archaeological investigations are necessary to ensure the preservation or protection of any archaeological interests that may be present on the site. 36. A condition restricting the use of the building to Class E(g) is reasonable and necessary in this case. The Council’s suggested condition referred to Class E(c) rather than Class E(g). The development is for a single storey office building (originally described as class B1), and class B1 has been replaced with Class E(g) rather than Class E(c). Based on the evidence submitted, I cannot be satisfied that an alternative use would comply with development plan policies and not cause harm to the living conditions of nearby occupiers. I recognise that Class E(g) includes (iii) which is any industrial process, being a use, which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision In this location and given that the Use Classes Order specifically states that a requirement of this use class is that it can be carried out in any residential area without detriment to the amenity of that area, I have no substantive evidence before me to restrict such a use. 37. In the interest of public safety, a condition relating to Secure by Design is necessary. Whilst such a condition has not been included in the Council’s list of recommended conditions, the Design out Crime (Metropolitan Police) consultee response recommended such a condition. 38. A condition relating to an Access Statement is necessary to ensure that the development provides an accessible and inclusive environment for all people. Whilst such a condition has not been suggested in the Council’s list, the Council set out in their statement of case that they would request that a condition be attached requiring the submission of a detailed Access Statement, to confirm that the requirements of BS 8300: 2018 have been met. 39. The Council has suggested a condition relating to the submission of a Travel Plan. Given the scale of the development and accessibility of the site, based on the information presented, such a condition is not necessary. 40.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — Appeal Decision The Council’s statement of case sets out informatives for the appellant to be aware of. https://www.gov.uk/planning-inspectorate 6 Appeal Decision APP/H5390/W/22/3304797 Conclusion 41. I recognise that this decision will be disappointing to those opposing the development. I have taken full and careful account of all the representations that have been made. However, taking everything into account, there is no compelling reason to withhold planning permission in this case. 42. Consequently, having considered the development plan as a whole, the approach in the Framework, and all other relevant material considerations, the appeal succeeds.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson INSPECTOR https://www.gov.uk/planning-inspectorate 7
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson INSPECTOR https://www.gov.uk/planning-inspectorate 7
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson Appeal Decision APP/H5390/W/22/3304797 SCHEDULE OF CONDITIONS 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 575/01 (Location Plan), 575/200 Rev C (Proposed Ground Floor Plan & Site Context Map), 575/201 Rev D (Proposed First Floor Plan & Roof Plan), 575/202 Rev E (Proposed East Elevation), 575/203 Rev E (Proposed East Sectional Elevation 1:50), 575/204 Rev E (Proposed North & South Elevation 1:50), 575/205 Rev D (Proposed Section AA & BB) and 575/206 Rev A (Proposed Demolition). 3) No development shall commence until details/ samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to, and approved in writing by, the local planning authority. Development shall be carried out in accordance with the approved details/ samples. 4) Prior to the commencement of the development hereby permitted, an Arboricultural Impact Assessment and a Tree Protection Plan prepared by a suitably qualified Arboriculturalist, shall be submitted to, and approved in writing by, the local planning authority.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson The Arboricultural Impact Assessment and Tree Protection Plan shall include details of the health, maturity and size of the existing Cherry Tree within the garden of No 1 Ravenscourt Road, as well as the tree protection measures which will be utilised to protect the health and appearance of the Cherry Tree, during demolition and construction works and after the completion of construction works. The works shall thereafter be carried out in accordance with the approved Arboricultural Impact Assessment and Tree Protection Plan and BS3998:2010 Recommendations for Tree Work. The relevant tree protection measures shall be installed prior to the commencement of demolition and construction works and retained for the duration of construction works. 5) No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing, by the local planning authority. The Statement shall provide for: i. numbers, size and routes of demolition vehicles; ii. the parking of vehicles of site operatives and visitors; iii. loading and unloading of plant and materials; iv. traffic management; v. storage of plant and materials used in constructing the development; vi.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson wheel washing facilities; vii. measures to control the emission of dust, dirt, noise and vibration during demolition and construction; viii. lighting; ix. a scheme for recycling/disposing of waste resulting from demolition and construction works; x. delivery, demolition and construction working hours; https://www.gov.uk/planning-inspectorate 8
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson wheel washing facilities; vii. measures to control the emission of dust, dirt, noise and vibration during demolition and construction; viii. lighting; ix. a scheme for recycling/disposing of waste resulting from demolition and construction works; x. delivery, demolition and construction working hours; https://www.gov.uk/planning-inspectorate 8
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson Appeal Decision APP/H5390/W/22/3304797 xi. public display of contact details including accessible phone contact to persons responsible for the site works for the duration of the works. The approved Construction Method Statement shall be adhered to throughout the demolition and construction period for the development. 6) Prior to the commencement of the development hereby permitted, and before any plant/ machinery/ equipment is used on the site, details shall be submitted to, and approved in writing by, the local planning authority, of the external sound level emitted from plant/ machinery/ equipment required in relation to the development hereby permitted, and mitigation measures as appropriate. The measures shall ensure that the external sound level emitted from plant/ machinery/ equipment will be lower than the lowest existing background sound level by at least 10dBA in order to prevent any adverse impact. The assessment shall be made in accordance with BS4142:2014 at the nearest and/or most affected noise sensitive premises, with all plant/ machinery/ equipment operating together at maximum capacity.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson A post installation noise assessment shall be carried out where required to confirm compliance with the sound criteria and additional steps to mitigate noise shall be taken, as necessary. Approved details shall be implemented prior to any plant/ machinery/ equipment is used on the site and shall be retained thereafter. 7) No demolition/ development shall take place until a Written Scheme of Investigation shall have been submitted to, and approved in writing by, the local planning authority. The scheme shall include an assessment of significance and research questions - and: i. the programme and methodology of site investigation and recording; ii. the programme for post investigation assessment; iii. the provision to be made for analysis of the site investigation and recording; iv. the provision to be made for publication and dissemination of the analysis and records of the site investigation; v. the provision to be made for archive deposition of the analysis and records of the site investigation; vi. the nomination of a competent person or persons/ organization to undertake the works set out within the Written Scheme of Investigation.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson 8) No demolition/ development shall take place other than in accordance with the Written Scheme of Investigation approved under condition 7. 9) No development shall commence until details of both hard and soft landscape works have been submitted to, and approved in writing by, the local planning authority. These details shall include: i. planting plans; ii. written specifications (including cultivation and other operations associated with plant and grass establishment); iii. schedules of plants noting species, plant supply sizes and proposed numbers/ densities; https://www.gov.uk/planning-inspectorate 9
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson 8) No demolition/ development shall take place other than in accordance with the Written Scheme of Investigation approved under condition 7. 9) No development shall commence until details of both hard and soft landscape works have been submitted to, and approved in writing by, the local planning authority. These details shall include: i. planting plans; ii. written specifications (including cultivation and other operations associated with plant and grass establishment); iii. schedules of plants noting species, plant supply sizes and proposed numbers/ densities; https://www.gov.uk/planning-inspectorate 9
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson Appeal Decision APP/H5390/W/22/3304797 iv. boundary treatment[s] (including gates); v. hard surfacing materials; vi. an implementation programme, (including phasing of work where relevant). The landscaping works shall be carried out in accordance with the approved details before any part of the development is first occupied in accordance with the agreed implementation programme. The completed scheme shall be managed and/or maintained in accordance with an approved scheme of management and/or maintenance. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the development hereby permitted or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson 10) Prior to commencement of above ground works in the development hereby permitted, a Ventilation Strategy Report to mitigate the impact of existing poor air quality for the development hereby permitted shall be submitted to, and approved in writing by, the local planning authority. This is applicable to all receptor locations where the Annual Mean Nitrogen Dioxide (NO2), and Particulate (PM10, PM2.5) concentrations are equal to 30ug/m-3, 20ug/m-3 and 10 ug/m-3 respectively and where current and future predicted pollutant concentrations are within 5% of these limits. The report shall include the following information: i. Details and locations of the ventilation intake locations at rear roof level; ii. Details of restricted opening windows (maximum 150mm for emergency purge ventilation only); iii. Details and locations of ventilation extracts, to demonstrate that they are located a minimum of 2 metres away from the air ventilation intakes, in order to minimise the potential for the recirculation of extract air through the supply air ventilation intake in accordance with paragraph 8.9 part ‘C’ of Building Standards, Supporting Guidance, Domestic Ventilation, 2nd Edition, The Scottish Government, 2017; iv.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson Details of the independently tested mechanical ventilation system with Nitrogen Oxides (NOx) and Particulate Matter (PM2.5, PM10) filtration with air intakes on the rear elevation to remove airborne pollutants. The filtration system shall have a minimum efficiency of 75% in the removal of Nitrogen Oxides/Dioxides, Particulate Matter (PM2.5, PM10) in accordance with BS EN ISO 10121-1:2014 and BS EN ISO 16890:2016. The whole system shall be designed to prevent summer overheating and minimise energy usage. The maintenance and cleaning of the systems shall be undertaken regularly in accordance with manufacturer specifications and shall be the responsibility of the primary owner of the property. Approved details shall be implemented prior to the occupation/use of the development and thereafter retained and maintained. https://www.gov.uk/planning-inspectorate 10
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson Appeal Decision APP/H5390/W/22/3304797 11) Prior to above ground works, details of how the development would meet the requirements of the Secure by Design principles shall be submitted to, and approved in writing by, the local planning authority. The approved details shall be carried out prior to occupation/ use of the development hereby permitted and permanently retained thereafter. 12) Prior to above ground works, an Access Statement shall be submitted to, and approved in writing by, the local planning authority. The approved details shall be carried out prior to occupation/ use of the development hereby permitted and permanently retained thereafter. 13) Prior to occupation of the development hereby permitted, details of a post installation compliance report of the approved ventilation strategy, as required by condition 10, to mitigate the impact of existing poor air quality shall be submitted to, and approved in writing by, the local planning authority. The report shall be produced by an accredited Chartered Building Services Engineer. Approved details shall be implemented prior to the occupation/use of the development and thereafter retained and maintained.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson 14) Prior to occupation of the development hereby permitted, details of the installation/commissioning reports of the Zero Emission MCS certified Electric Boiler(s) to be provided for space heating and hot water for the development shall be submitted to, and approved in writing by, the local planning authority. Approved details shall be implemented prior to the occupation/use of the development and thereafter retained and maintained. 15) Prior to occupation of the development hereby permitted, details of cycle parking shall be submitted to, and approved in writing by, the local planning authority. The approved cycle parking shall be provided and made available for use prior to the first occupation of the development and maintained thereafter. 16) Prior to occupation of the development hereby permitted, provision shall be made for the storage of refuse and recycling bins in accordance with drawing 575/200 REV C (Proposed Ground Floor Plan & Site Context Map). The provision for refuse and recycling storage shall be retained and maintained thereafter.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson 17) Prior to the occupation of the development hereby permitted, the windows at first- floor level in the north and south elevations (shown on drawing 575/204 REV E: Proposed North & South Elevation 1:50) shall be fitted with obscure glass to a minimum level of obscurity equivalent to Pilkington Texture Glass Level 3, and shall be non-opening and fixed shut up to a height of 1.7m above the finished floor level. Once installed the obscured glazing shall be retained thereafter. 18) Prior to occupation of the development hereby permitted, details of external lighting shall be submitted to, and approved in writing by, the local planning https://www.gov.uk/planning-inspectorate 11
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson 17) Prior to the occupation of the development hereby permitted, the windows at first- floor level in the north and south elevations (shown on drawing 575/204 REV E: Proposed North & South Elevation 1:50) shall be fitted with obscure glass to a minimum level of obscurity equivalent to Pilkington Texture Glass Level 3, and shall be non-opening and fixed shut up to a height of 1.7m above the finished floor level. Once installed the obscured glazing shall be retained thereafter. 18) Prior to occupation of the development hereby permitted, details of external lighting shall be submitted to, and approved in writing by, the local planning https://www.gov.uk/planning-inspectorate 11
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson Appeal Decision APP/H5390/W/22/3304797 authority. Thereafter the lighting shall be installed in accordance with the details so agreed and be permanently retained as such thereafter. 19) Before any plant and/or machinery is used on the premises, it shall be enclosed with sound-insulating material and mounted in a way which will minimise transmission of structure-borne sound (and incorporate silencer(s) and anti-vibration mountings where necessary) in accordance with a scheme that shall first have been submitted to, and approved in writing by, the local planning authority. The measures implemented as approved shall be retained thereafter. 20) The development shall be carried out and completed in accordance with the details contained within the approved Flood Risk document (dated 19.10.2018 and prepared by Heyne Tillett Steel). No part of the development shall be used or occupied until the flood prevention and mitigation measures have been installed in accordance with the submitted details and the development shall be retained in this form and maintained thereafter.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson 21) The use hereby permitted shall only take place between the following hours: 08:00 - 20:00 Mondays – Saturdays, 09:00 – 18:00 on Sundays, and not at any time on Bank or Public holidays. 22) The premises shall not be used for any purpose other than purposes within Class E(g) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification). 23) No part of any roof of the development hereby permitted shall be used as a roof terrace or other form of open amenity space. No alterations shall be carried out; nor planters or other chattels placed on the roofs. No railings or other means of enclosure shall be erected on the roofs, and no alterations shall be carried out to the property to form access onto the roofs.
1a Ravenscourt Road, London, W6 0UH — London Borough of Hammersmith and Fulham — L Wilson 24) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no aerials, antennae, satellite dishes or related telecommunications equipment shall be erected on any part of the development hereby permitted, without planning permission first being obtained. 25) No external air-conditioning units, ventilation fans, extraction equipment, flues or other plant equipment and associated external pipework or ducting shall be fitted to the exterior of the building unless otherwise shown on the approved drawings. https://www.gov.uk/planning-inspectorate 12
Main issues and findings
Living conditions Against appellant ¶13
The inspector found that the proposed development would not unacceptably reduce the spacious elements of the outlook from No 1's windows and garden, and would not create a visually incongruous development.
Living conditions Against appellant ¶20
The inspector was satisfied that the proposed development would not result in unacceptable overlooking, and that the brickwork proposed, height of the boundary wall, use of obscure glazing, and design of the rooflights would prevent loss of light.
Living conditions Against appellant ¶21
The inspector found that the proposed development would not cause harm to the living conditions of neighbouring residential occupiers, considering the separation distance between the proposed building and other nearby dwellings, as well as the existing building, height, and bulk of the proposal.
Heritage impact Against appellant ¶18
The inspector agreed with the Council and Inspector's findings in the latest appeal that the proposed development would enhance the character and appearance of the Conservation Area and settings of locally listed buildings.
Highway safety Against appellant ¶22
The inspector found that the proposed development would not have an unacceptable effect on highway safety, considering the size of the office building and accessibility of the site, and the construction period would be temporary.
Other Against appellant ¶23
The inspector was satisfied that the proposed development would not result in unacceptable light pollution in an urban area such as this, and planning conditions could restrict the hours of operation of the building's use and external lighting.
Other Against appellant ¶25
The inspector found that each development proposal must be considered on its own merits, and that the amended development would not cause unacceptable harm.
Policies relied on
| Reference | Weight |
|---|---|
| DC1 |
Determinative |
| DC2 |
Determinative |
| HO11 |
Determinative |
| HS6 |
Substantial |
| HS7 |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 12 pages, issued by the Planning Inspectorate on 23 August 2023 under the Open Government Licence.