Skip to main content
Mayor of London logo London Assembly logo
Home

MD2765 Holiday Inn, Kensington Forum Hotel, Public Inquiry

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

1.1 A planning application submitted to the Royal Borough of Kensington and Chelsea sought full planning permission for the demolition of the existing buildings, and the redevelopment of the site for a mixed-use development comprising a 749-bedroom hotel, 340 serviced apartments and 46 residential units, including affordable housing, in addition to bar, restaurant, conferencing and dining areas ancillary to the hotel function, within a building of part 30, part 22 and part 7 storeys. A new publicly accessible garden square, commensurate in size to the existing open space on site was also proposed.
1.2 On 24 October 2018 Kensington & Chelsea advised the Mayor that it was minded to refuse planning permission for the redevelopment proposals. Under the provisions of Article 5 of the Town & Country Planning (Mayor of London) Order 2008 the Mayor may allow the draft decision to proceed unchanged, direct refusal under Article 6, or issue a direction to the Borough under Article 7 that he is to act as the Local Planning Authority for the purposes of determining the application. On 5 November 2018, having considered a report on the case, the Mayor notified Kensington & Chelsea that he would act as the local planning authority for the purposes of determining the planning application for the redevelopment of the Holiday Inn Kensington Forum Hotel. This decision was challenged by Kensington & Chelsea on the basis of inconsistencies in the report to the Mayor in relation to housing figures. The Mayor conceded this claim and on 23 April 2019, having considered a further report on the case, the Deputy Mayor notified Kensington & Chelsea that the Mayor would act as the local planning authority.
1.3 Following the decision to call in the application the applicant made amendments to the scheme. These amendments were:

• 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.
1.6 On 6 November 2020, the Secretary of State under Article 31 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 directed the Mayor not to grant permission on this application without specific authorisation.
1.7 On 14 January 2021, the Secretary of State notified the Mayor that he has decided to exercise his powers in section 77 of the 1990 Act and that he instead of the Mayor will determine this planning application following a Public Inquiry.
1.8 The GLA will be the principal party defending the Deputy Mayor’s decision at the public inquiry. If the case for granting planning permission is not robustly presented there is a very real risk that the Deputy Mayor’s decision to grant planning permission will effectively be overruled by the Secretary of State and that the London Plan will be undermined to the detriment of London’s strategic planning interests. The Mayor could also incur very significant costs (in the event of a successful application for costs) should he be found to have acted unreasonably or unlawfully.



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:

Fees

Cost (£)

Counsel

100,000

Design/Architectural Advice

60,000

Heritage Consultant

50,000

Administrative and printing

25,000

Contingency

15,000

Total

250,000

5.2 There are some costs associated with this call in which fall outside of the estimated budget. Planning and any transport evidence for instance can be given by GLA and TfL officers and, as such, will not incur additional costs beyond the usual staff budget.
5.3 These estimates above may increase or decrease but the intention is to remain within the overall envelope of £250,000. Officers will endeavour to keep costs to a minimum and will only draw down funding as required. Although a contingency has been included, in the event the complexities of the case and the evidence of other parties necessitate additional resources beyond the £250,000 a further decision would be processed to increase the budget.
5.4 The costs of this public inquiry will span two financial years (2020-21 & 2021-22), with the majority of expenditure expected to take place in 2021-22. For costs that fall in 2020-21, these will be contained within the existing Planning budget. The costs that are to fall in 2021-22 will be funded from the Planning Smoothing Reserve that is to be topped up as part of the 2021-22 budget setting process.
6.1 The above paragraphs indicate the decision requested of the Mayor falls within his statutory powers under section 30 of the Greater London Authority Act 1999 (as amended) (“the Act”), acting on behalf of the Authority to do anything he considers that will promote the importance of the environment in Greater London; and in formulating the proposals in respect of which a decision is sought officers have complied with the Authority’s related statutory duties to:

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.
6.2 The Mayor has a statutory role as strategic planning decision maker as part of the Act and the Town and Country Planning (Mayor of London) Order 2008. Rigorous defending of decisions to grant planning permission are critically important to the successful implementation of policies in the London Plan.

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.

Activity

Timeline

Engagement of Counsel and consultant / internal team

February 2021

Submission of Statement of Case

Mid-March 2021

Preparation of detailed case and evidence

Circa March/April 2021

Public Inquiry (estimated to last 12 days)

May 2021

Signed decision document

MD2765 Holiday Inn, Kensington Forum Hotel Public Inquiry

Need a document on this page in an accessible format?

If you use assistive technology (such as a screen reader) and need a version of a PDF or other document on this page in a more accessible format, please get in touch via our online form and tell us which format you need.

It will also help us if you tell us which assistive technology you use. We’ll consider your request and get back to you in 5 working days.