Kensington and Chelsea Council has granted planning permission for the demolition of an existing building and its redevelopment to provide a nursery and 27 residential flats, despite significant concerns raised by local residents regarding loss of daylight, sunlight, and the absence of affordable housing contributions.
The Planning Committee voted to approve the application for 2-14 Telford Road and 246-248 Ladbroke Grove, which will see the construction of a part four, part five, and part six-storey building. The decision was made after a lengthy discussion where objectors highlighted the potential negative impacts on neighbouring living conditions, with one resident stating that sky visibility will be reduced by 50%.
Concerns over daylight and sunlight
Residents expressed fears that the new development would significantly reduce daylight and sunlight to their homes, directly contravening Local Plan Policy CD9. Jessica Jones, speaking on behalf of residents in 42 flats, described the scheme as an overdevelopment of a constrained site with the costs and harms pushed onto existing residents.
While the applicant's planning consultant acknowledged the impacts, they argued that the building's height, massing, and design were appropriate for the area. Daylight and sunlight consultants presented their assessment, suggesting that while some windows would experience reductions, the retained levels of daylight were considered reasonable in the urban context. The consultants, DPR, used the Vertical Sky Component (VSC) test and the 'no skyline' (NSL) test to assess daylighting, and the Annual Probable Sunlight Hours (APSH) and Sun Hours on Ground (SHOG) assessments for sunlight. They considered retained levels of daylight to be reasonable based on flexibility afforded by the BRE guidelines, professional experience, and planning policy, particularly in urban contexts where lower targets might be acceptable. For example, they noted that a window with a very low existing VSC value, even with a significant percentage reduction, might have a negligible absolute change that is unlikely to be perceptible to the human eye. They also considered that VSCs within the mid-teens are often considered acceptable in urban locations.
Councillor Lloyd North, Chair of the Environment Select Committee, questioned whether alternative ways to minimise the situation had been considered, to which the applicant confirmed the height had not changed since pre-application discussions and was based on an analysis of the surrounding townscape.
Affordable housing debate
A key point of contention was the absence of affordable housing contributions. The applicant's viability assessment indicated that the scheme could not viably support such contributions due to a projected deficit of £1.87 million. This figure was calculated by the Council's independent assessors who reviewed the applicant's viability assessment, making adjustments to benchmark land value, development value, and development costs. The Council's assessors found the applicant's rental assumption to be unsupported, leading to a lower benchmark land value, and assessed the applicant's construction costs to be £2,405,029 higher (18.45%) than their own assessment. The deficit indicated that the scheme could not viably support affordable housing contributions at that time.
Councillor Sam Mackover, Vice-Chair of the Environment Select Committee, voiced discomfort with the zero affordable housing outcome, questioning the effectiveness of London Plan targets if viability assessments could circumvent them. Councillor Anne Cyron also expressed concerns about the viability figures, noting the independent assessor's comment that it was unlikely a developer would proceed on such basis.
The applicant, Gagan Manak, founder of Manak Homes, assured the committee of their commitment to building high-quality homes and stated they were taking a financial hit to bring the scheme forward. To capture any improvement in viability and secure affordable housing contributions if the scheme's financial performance improves, early and late-stage viability review mechanisms are recommended to be secured through a legal agreement. These mechanisms allow for the residual land value and overall viability position to be reassessed at defined stages, with the early review potentially triggered by commencement of development and the late review typically associated with when the development is mostly completed or a certain percentage of occupation has been achieved.
Environmental and design considerations
Concerns were also raised about the impact on a lime tree on the adjacent fire station site. The applicant's arboricultural assessment indicated it was possible to construct the tree with protective measures, and Condition 5 was recommended, requiring full particulars of the method(s) for its protection during site preparation, building works, and other operations to be submitted and approved in writing by the Local Planning Authority before development commences. These protection measures must be provided before development starts and maintained throughout the building operations. The assessed risk to the tree's long-term health is that it could be damaged by the proposed redevelopment, which would likely require significant foundations. The new building would stand approximately 2.25m from the trunk, well within its root protection area, potentially leading to significant pruning during and post-construction. It is noted that the previous implemented permission also had similar implications for the tree.
The proposal also includes green roofs and PV panels, with a financial contribution towards planting trees along Telford Road. Beyond these, the design and environmental improvements include a commitment to whole life carbon and circular economy principles, with a detailed Circular Economy Statement and Whole Life-Cycle Carbon Assessment submitted. An energy strategy aims for a 74.2% CO2 reduction on-site for the residential component and 9% for the nursery, utilizing air source heat pumps and PV panels. Passive design measures to minimize overheating are included, with a cooling module integrated as a necessary response to acoustic constraints. Biodiversity net gain is to be achieved through pollinator-friendly planting, artificial bird boxes, and green roofs. A sustainable drainage system using a blue roof and attenuation tank is designed to reduce surface water runoff by up to 98%. The proposed nursery would have a floor area of 278.4 sqm, and the applicant anticipates high demand, suggesting that someone could move in the same day the building is finished.
The building's height, ranging from four to six storeys, was discussed in relation to the surrounding context. Officers noted that while taller than some immediate neighbours, it was within the context of taller developments in the wider area, with the sixth storey set back.
Community engagement and decision
Councillor Peter Marshall highlighted the lack of collaboration between applicants and objectors. The applicant stated they had offered face-to-face meetings and were open to feedback. An informative was added to encourage ongoing engagement with local residents.
The committee ultimately granted permission, acknowledging the public benefits of providing new homes and a nursery, alongside design and environmental improvements. While conflicts with policies regarding living conditions and tree protection were noted, officers concluded these were outweighed by the benefits, particularly in light of a previously approved substantial building on the site. This previously approved building, established by planning permission ref. PP/04/02652, was for the demolition of the former health centre building and redevelopment to provide eighteen self-contained residential units, Class B1 office space, and Class A3 food and drink space, including the construction of a vehicular pavement crossover, and is considered a relevant fallback position. The absence of affordable housing was deemed regrettable, but the inclusion of viability reviews was seen as a mechanism to potentially capture future contributions.
