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Marathon House, 200 Marylebone Road, London, NW1 5PW Marathon House, 200 Marylebone Road, London, NW1 5PW Objection to Appeal PINS Ref: APP/X5990/W/17/3187332 LPA Ref: 17/01608/FULL & 17/00376/TPREF 29 March 2018 © 2018 Nathaniel Lichfield & Partners Ltd, trading as Lichfields. All Rights Reserved. Registered in England, no. 2778116. 14 Regent’s Wharf, All Saints Street, London N1 9RL Formatted for double sided printing. Plans based upon Ordnance Survey mapping with the permission of Her Majesty’s Stationery Office. © Crown Copyright reserved. Licence number AL50684A 14779/BK/BK 15678066v1 Marathon House, 200 Marylebone Road, London, NW1 5PW Contents 1.0 Introduction 1 2.0 Background 2 3.0 Existing Opposition to the Appeal Scheme 4 4.0 Residents Objections to the Appeal Scheme 6 Harm to the Integrity and Character of Marathon House 6 Harm to the Area’s Townscape and Heritage Assets 8 Parking Provision 10 Inability to Access and Implement the Proposals 11 Procedural Matters 12 5.0 Response to Appellant’s Statement of Case 15 Harm to the Appearance of the Building 15 Proposed Amendments 15 Failure to Maintain or Improve (Preserve or Enhance) the Character and Appearance of the Dorset Square Conservation Area and the Setting of Nos. 29-40 Dorset Square 16 Failure to Maintain or Improve the Setting of the neighbouring Portman Estate Conservation Area and Regent’s Park Conservation Area 17 Excessive Size of the Proposed Flat 17 6.0 Overall Conclusions 18 Marathon House, 200 Marylebone Road, London, NW1 5PW 1.0 Introduction 1.1 This report has been prepared on behalf of the Marathon House (Residents’) Association to outline our clients’ objections to the following planning appeal at Marathon House, 200 Marylebone Road, London, NW1 5PW submitted on behalf of Proxima GR Properties Ltd.: ‘Erection of sheer rooftop extension on existing tower to provide an additional residential unit, incorporating terraces and a plant enclosure (LPA reference: 17/01608/FUL and 17/00376/TPREF) (PINS reference: APP/X5990/W/17/3187332)’. 1.2 The Marathon House Association was formed by Marathon House leaseholders in 2010, in order to advocate the interests of the building’s leaseholders against the owner of the freehold who had for years mismanaged the building. In November 2011, the leaseholders went on to form the Marathon House RTM Company Ltd., which took over the responsivity to manage the building in April 2012. It is a ‘Right to Manage’ company that represents the interests of the existing leaseholders who own long (979 year) leases on the 106 residential units within the building since its conversion from office to residential use in 1998/9. The objections to the appeal outlined in this report are made collectively on behalf of the leaseholders. 1.3 We note that the appellant has recently suggested the extension could be delivered as two new units rather than a single unit; however this material change has not been subject to consultation and cannot reasonably be introduced at the appeal stage. For the avoidance of doubt our client opposes this amendment and respectfully suggests it should not be accepted by the Inspector. 1.4 This report is structured as follows: x Section 2: Background to Application; x Section 3: Existing Opposition to Appeal Proposal; x Section 4: General Principles of the Objection Against the Appeal; x Section 5: Response to Appellants Statement of Case; and x Section 6: Summary and Conclusions. Pg 1 Marathon House, 200 Marylebone Road, London, NW1 5PW : Objection to Appeal PINS Ref: APP/X5990/W/17/3187332 2.0 Background 2.1 Marathon House is located on the north side of Marylebone Road, between Balcombe Street and Gloucester Place, as shown at Appendix 1. The building comprises a three level podium arranged around a central courtyard with a 12 storey tower located at its western end. The building contains 106 residential units. All are currently occupied. Photographs of the existing building are included at Appendix 2. 2.2 In February 2017, Proxima GR Properties Ltd, submitted three parallel planning applications to the City of Westminster for various extensions to the building. All were firmly refused. The applicant has decided to appeal one of the three refused applications, for the following development: ‘Erection of sheer rooftop extension on existing tower to provide an additional residential unit, incorporating terraces and a plant enclosure (LPA reference: 17/01608/FUL)’. 2.3 The background to this proposed extension (and the two parallel proposals which were similarly refused by Westminster) is that the owner of the freehold of the building is seeking to establish the notional development value that would be generated if the proposal was granted planning permission as part of the process of the leaseholders’ efforts (via a nominee purchaser, Marathon House Freehold Company Ltd.) to purchase the freehold of the building. 2.4 The application received a number of objections, which are discussed at Section 3 of this report, including from 94 residents within the building’s 106 residential units. The application was recommended for refusal at Committee on the basis it caused ‘design harm to heritage assets and failure to optimise the number of residential units on site’ 1. The application was then subsequently refused at Committee in August 2017 for the following reasons 2: 1 Because of its size, design and location, the extension would harm the appearance of this building and fail to maintain or improve (preserve or enhance) the character and appearance of the Dorset Square Conservation Area, would harm the setting of the Grade 1 listed Church of St Mary on Wyndham Place and the setting of nos. 29-40 Dorset Square, and would fail to maintain or improve (preserve or enhance) the setting of the neighbouring Portman Estate Conservation Area and Regent's Park Conservation Area. This would not meet S25, S26 and S28 of Westminster's City Plan (November 2016) and DES 3, DES 6, DES 9, DES 10, DES 12 and DES 1 and paras 10.108 to 10.128 of our Unitary Development Plan that we adopted in January 2007. (X16AD); and 2 The proposed flat is excessive in size and fails to optimise the number of residential units on site, contrary to policy S14 of the City Plan that we adopted in November 2016. 2.5 In October 2017, the applicant lodged an appeal against the refusal. In March 2018, The Planning Inspectorate reviewed the case file and concluded that a Hearing would be the most appropriate format of appeal in this case; ‘as there were a large number of objections to the original application and there are matters in respect of setting which would benefit testing via questioning’ 3. We support the elevation of the appeal to a Hearing as it provides an opportunity 1 City of Westminster, Sub Committee Report, August 2017, available from: http://idoxpa.westminster.gov.uk/online- applications/files/0F5D3D131285C418B5C8C92C7D76BB09/pdf/17_01608_FULL-SUBCOMMITTEE_REPORT-5047451.pdf [Last accessed: 20/03/2018] 2 City of Westminster, Decision Notice, August 2017, available from: http://idoxpa.westminster.gov.uk/online- applications/files/9B8FB58C8FB4857B8B1BB1FF2B7AC853/pdf/17_01608_FULL-REFUSAL-FULL_PP__PE_-5080734.pdf [Last accessed: 20/03/2018] 3 Letter from The Planning Inspectorate to City of Westminster Council, March 2018, available from: http://idoxpa.westminster.gov.uk/online-applications/files/1D6C847CCF3575A0D347F07202B1EAA4/pdf/17_00376_TPREF- LETTER_TO_WCC_FROM_PINS_REGARDING_CHANGE_IN_APPEAL_PROCEDURE-5361309.pdf [Last accessed: 20/03/2018]. Pg 2 Marathon House, 200 Marylebone Road, London, NW1 5PW for the existing leaseholders and residents of the building to engage directly with the Inspector and the appellant. 2.6 Our client supports the City of Westminster’s reasons for refusal and requests the Inspector dismisses the appeal on these grounds and the objections later discussed at Section 4 of this report. Pg 3 Marathon House, 200 Marylebone Road, London, NW1 5PW : Objection to Appeal PINS Ref: APP/X5990/W/17/3187332 3.0 Opposition to the Appeal Scheme 3.1 In addition to the objection prepared by Lichfields on behalf of the Marathon House leaseholders, the appeal scheme (LPA reference: 17/01608/FUL) was subject to a number of further objections at the application stage; including: 1 An objection from The St. Marylebone Society; and 2 94 objections from adjoining owners/occupiers and other representations (including residents of neighbouring buildings, heritage organisations and writers of modern architecture) 4. 3.2 The Sub-Committee Report, prepared by the City of Westminster, provides a summary of the key issues raised by the objectors (pages 6-9),which included: The St. Marylebone Society x Proposals being made by the freeholder against wishes of the leaseholders; x Increase in height not as little as suggested within application drawings; x Practical problems relating to construction; making existing flats unliveable; x No off street parking provided; x The Council has already considered the current height to be the limit for this building; x Concerns regarding cladding; piecemeal alteration to fenestration is visually unacceptable; x An increase in height of Marathon House makes it more likely that further increases in height for other buildings in the area will be sought; and x Impact on the Dorset Square Conservation Area and Regents Park. Adjoining Owners/Occupiers and Other Representations x An increase in height would harm the character and appearance of the building (which is an iconic building, an early UK example of ‘International Style’ architecture), its surrounding
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