- Decision
- dismissed, 1 September 2026
- Decided by
- Planning Inspector: K Dryden
- Authority
- Kensington and Chelsea (London)
- Appeal reference
- 6008439
- Application reference
- PP/25/03918
- Procedure
- written representations
- Development
- Retrospective-in-part single-storey steel and glazed side extension enclosing restaurant seating on Acklam Road
- Site context
- inside settlement, conservation area
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- HE6, DP3
- Development plan policies
- RBKC New Local Plan Review 2024 CD1, CD2, CD3, CD4, CD10, CD13, CD15, CD16
- Main issues
- character and appearance; conservation area setting; public access; fire safety
Summary
A full-length steel and glass side enclosure for restaurant seating on a Portobello Road corner, facing the Acklam Road market space. Dismissed. It was bulky, not subordinate, and discordant (DP3). It caused moderate harm to the setting of the Oxford Gardens Conservation Area. E2 gives substantial weight to business expansion, but the unquantified benefits were "comfortably outweighed" in the HE6 balance.
What made the difference
Prominence on an open corner seen from within the conservation area, and the inspector's point that the benefits could be achieved "in a less harmful way". The decision was made on heritage and design grounds alone. It contains no S4 analysis.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| HE6 | harm | considerable | moderate harm to setting of Oxford Gardens CA; unquantified benefits "comfortably outweighed" (DL 17-19) |
| E2 | benefit | substantial | substantial weight to business expansion acknowledged but outweighed (DL 18) |
| DP3 | fail | full-length, non-subordinate black steel extension on prominent corner (DL 7-12) |
Key facts
- Built structure differs from submitted plans; appeal decided on the plans (DL 3)
- Ownership and public access over the market hardstanding unresolved; no finding (DL 21-23)
- Parties invited to comment on 17 Aug 2026 Framework (DL 2); S4 not mentioned
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.