Secretary of state grants planning permission for Camden's tallest residential tower

This follows Camden Council's refusal to grant planning permission for the £100 million project in October 2014. The developer Essential Living (Swiss Cottage) Limited appealed the decision in January 2015.

The mixed-use redevelopment will involve the demolition of existing buildings on-site and construction of a 24-storey tower. The project will deliver 184 new homes, up to 1,041 square metres of retail or restaurant space, 1,350 sqm of community space, cycling and car parking spaces.  The proposal also includes the potential for a new London Underground station.

The development site itself is not located in a conservation area but several conservation areas are located nearby. The inspector and the Secretary of State said: "[whilst] there is no specific duty…to consider the setting of conservation areas, it is established practice that views into and out of a conservation area and any effect on character and/or appearance are relevant and the correct assessment of harm to conservation areas, as designated heritage assets in the framework, is the effect on the character and/or appearance of the conservation area as a whole while acknowledging that this does not mean that any harm identified has to be over the whole area, and harm in one part of the conservation area (or outside) could have an effect on the conservation area as a whole."

The secretary of state, in agreement with the GLA and the Design Council, found that it would be a well designed, attractive building that sits well within its town centre context. However, the secretary of state said that "this must be an expectation of new development and therefore adds minimal weight to the planning balance".

The secretary of state, on balance, found that the development will cause a "less than substantial" harm to Belsize conservation area.

Concerns were raised in relation to impact on the Swiss Cottage open space but these were not considered significant enough to warrant refusal. Interested parties have also raised concerns in relation to the sub-policy number of proposed affordable houses and the developer's viability appraisal. However, the viability appraisal, combined with a review mechanism contained in the section 106 agreement, was accepted.

Overall, the secretary of state concluded that the "substantial benefits considerably outweigh the harms that have been identified.  He therefore concludes that there are no material considerations that indicate that the proposal should be determined other than in accordance with the development plan."

Planning expert Victoria Lindsay of Pinsent Masons, the law firm behind Out-Law.com said: "After a two year planning battle, the controversial £100m build-to-rent scheme in Camden can now go ahead. The tower, designed by Grid architects, will become Camden's tallest residential block. Despite officer recommendation for approval, members refused to grant planning permission. It has, however, received support from the GLA and Design Council."

"Another of Essential Living's schemes received unanimous approval for outline planning permission by Ealing Council earlier this month. The Perfume Factory in Acton, the largest build-to-rent project in London, will see over 500 units for rent constructed," Lindsay said.