Iceni Projects has successfully secured planning permission and listed building consent for the amalgamation of two Grade II listed properties in the Royal Borough of Kensington & Chelsea (RBKC) following an appeal hearing in November 2015.

In its decision, the RBKC alleged that the proposed amalgamation of the properties and the subsequent loss of one dwelling would adversely affect the supply of housing in the borough. Whether the proposed works constituted development and required planning permission was a matter of debate initially, although it was not a matter before the Planning Inspector. In any event, what should have been a straight forward case for the Local Planning Authority (LPA) to determine, turned into an example of how a LPA should not go about planning positively for its area.

The RBKC’s decision to refuse permission was contrary to Policy CH2(f) of its Consolidated Local Plan (2015), which states that proposals for the net loss of five or more dwellings through amalgamation will be resisted. The LPA however took the view that the policy doesn’t automatically accept the loss of less than five dwellings and it proceeded to rely on a strategic housing land supply argument using the strategic policies of the London Plan to justify its decision to resist the loss of one dwelling. While the RBKC’s concerns about the impact of amalgamations on the supply of housing in the borough are duly noted, its decision was without basis, particularly given that officers advised the Inspector at the hearing that the RBKC has a 5.7 year housing land supply against its delivery target.

A further twist in the tale is that up until August 2014 the LPA accepted that proposals for the amalgamation of less than five dwellings did not constitute development and as such planning permission was not required. However, since August 2014, the LPA has interpreted the policy differently and in doing so has decided that the amalgamation of up to four dwellings does constitute development and that it is development that it will look to resist. This is all without having gone through the formal plan process to test the soundness of this or any other draft amendment to policy.

While not all applications for permission to amalgamate dwellings submitted since August 2014 have been resisted by the LPA, a high number have been refused and many have been the subject of planning appeals. Even more surprisingly, some of these have been dismissed. It will be interesting to see whether this latest decision gives rise to any legal challenges in the courts.

At a time when the Government is seeking to reduce the amount of red tape and to improve the efficiency and effectiveness of the planning system, we are pleased with the pragmatic approach taken by the Planning Inspector in the application of the relevant development plan policies, and consequently in the determination of the appeals. Any decision other than to allow the appeals would have gone against the clear intentions and objectives of both national and local planning policy, as well as planning law, which requires applications for permission to be determined in accordance with the development plan.

While it is appropriate that each case should be assessed on its own merits, we hope that the RBKC and other LPAs facing similar issues take note of the decision and adopt a more positive approach towards planning for development. This will improve the system in the round and ensure that LPAs use the resources at their disposal more effectively to meet the true sustainable development needs of their areas.

If you would like to discuss the decision or would like advice on proposals for either the amalgamation of dwellings or listed building works, please contact Matthew Druce, Ela Palmer in the heritage team or your usual contact at Iceni Projects.

A copy of the appeal decision can be found here.