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Cases

Significant new decision on the meaning of RBKC’s new affordable housing and Housing Supply policy

17.11.2020

Richard Ground QC appeared instructed by Savills in an important case which dealt with the correct interpretation of the new affordable housing policy and housing supply policy in  Royal Borough of Kensington and Chelsea.  This is significant for all extensions and reconfigurations of large properties in the Royal Borough.

The case dealt with the correct interpretation of the threshold for affordable housing in policy CH2 of the RBKC local plan [adopted in September 2019]. Policy CH2 contained a threshold that affordable housing is only required if the development provides floorspace of 650sqm or more. The Council sought to argue that the provision of 607 sqm of extra floorspace and reconfiguration of existing floorspace was sufficient to trigger the threshold. The Inspector found comprehensively in favour of the developer finding the threshold only applied to the floorspace that was provided and not the floorspace that already existed and was not provided but reconfigured.

The decision letter dealt also with policy CH1. The Inspector concluded that this policy could not be used to restrict the extension of large properties in the situation of this appeal here where there was no loss of housing.

In addition, the Inspector found that the extension would result in an enhancement to the conservation are and the area generally.

This decision is vitally important for all extensions and reconfigurations of large properties in the Royal Borough. 

A copy of the decision letter can be found HERE.

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