Key information
Decision type: Mayor
Reference code: MD2765
Date signed:
Date published:
Decision by: Sadiq Khan, Mayor of London
Executive summary
The Mayor, on 23 April 2019 under powers conferred by Article 7 of the Town & Country Planning (Mayor of London) Order 2008, directed the Royal Borough of Kensington and Chelsea that he was to act as local planning authority for the purpose of determining the planning application for the redevelopment of the Holiday Inn Kensington Forum Hotel.
A public Representation Hearing was held online on 22 October 2020. Following the Hearing, the Deputy Mayor resolved to grant planning permission for the scheme subject to the conclusion of a section 106 legal agreement.
On the 6 November 2020, the Secretary of State under Article 31 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 directed not to grant permission on this application without specific authorisation.
On the 14 January 2021, the Secretary of State notified the Mayor that has decided to exercise his powers in section 77 of the Town and Country Planning Act 1990 and will determine this planning application by Public Inquiry.
Decision
The Mayor approves:
Expenditure of up to £250,000 to cover the costs of defending the decision to allow the planning application.
Part 1: Non-confidential facts and advice
• an increase in the number of residential units from 46 to 62;
• an increase in the height of the seven-storey element of the building containing the residential units by two storeys to nine storeys;
• all the residential units now proposed as affordable;
• internal and external reconfiguration of the residential element of the building;
• other external alterations to the elevational design, including integration of wind mitigation measures; and
• amendments to cycle and refuse storage at ground and basement level.
1.4 A Public Representation Hearing was held on 21 June 2019. Following the hearing the Mayor decided to grant permission for the application subject to planning conditions and conclusion of a section 106 legal agreement.
1.5 Following a High Court ruling, the Mayor’s decision was quashed and the application had to be re-considered. A Public Representation Hearing was therefore held online on 22 October 2020. Following the Hearing, the Deputy Mayor resolved to grant planning permission for the scheme subject to the conclusion of a section 106 legal agreement.
1.9 Defending the Mayor’s decision will require the appointment of Counsel and potentially expert (external) witnesses in the areas of heritage and design. It is considered these costs could be up to £250,000. It will also require significant input from several GLA officers – these internal resources are covered by the GLA Planning team budget.
2.1 The principal objective is to put together an effective high-quality team of external consultants and GLA/TfL officers led by Planning Counsel capable of defending the decision to grant planning permission. The expected outcome is a robust and successful defence.
3.1 Under section 149 of the Equality Act 2010, in making these decisions “due regard” must be had to the need to eliminate unlawful discrimination, harassment and victimisation as well as to advance equality of opportunity and foster good relations between people who have a protected characteristic and those who do not. Protected characteristics include age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, gender, sexual orientation (and marriage or civil partnership status for the purpose of the duty to eliminate unlawful discrimination only). In this instance the proposals are not expected to have any impacts on those with protected characteristics as distinct from anyone else.
Mayoral strategies and priorities
4.1 The Mayor’s London Plan seeks to ensure that the city meets the challenges of economic and population growth whilst protecting heritage assets and ensuring a high quality of design. The Mayor’s comments and decisions on referable planning applications is a key implementation tool of the London Plan.
Risk management issues
4.2 Regular monitoring of costs incurred will be necessary to ensure the costs are within the agreed scope.
Conflicts of interest
4.3 There are no conflicts of interest to note for any of those involved in the drafting or clearance of the decision.
5.1 Approval is sought for expenditure of up to a total of £250,000 on the engagement of Counsel and other expert external witnesses as necessary to defend the Mayor’s position. The indicative fees can be broken down as follows:
a) Pay due regard the principles that there should be equality of opportunity for all people;
b) Consider how the proposals will affect:
• the health of persons in Greater London;
• the health inequalities between persons living in Greater London;
• the achievement of sustainable development in the United Kingdom; and
• climate change, and the consequences of climate change and consult with appropriate bodies.
6.3 In taking the decisions requested, the Mayor must have due regard to the Public Sector Equality Duty; namely the need to eliminate discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act 2010, and to advance equality of opportunity between persons who share a relevant protected characteristic (race, disability, gender, age, sexual orientation, religion or belief, pregnancy and maternity and gender reassignment) and persons who do not share it and foster good relations between persons who share a relevant protected characteristic and persons who do not share it (section 149 of the Equality Act 2010). To this end, the Mayor should have regard to section 3 (above) of this report.
6.4 The officers are reminded that the expenditure, which is set out in decision section of this MD, must be made in accordance with the requirements of the Authority’s Contracts and Funding Code.
7.1 Note that as this is at an early stage of the process the timetable contains approximate timings and is subject to change.
Signed decision document
MD2765 Holiday Inn, Kensington Forum Hotel Public Inquiry