Park Keeper’s Hut, Dalmeny Park, Islington
Our brief was to Appeal a decision by Islington Council which refused permission for the conversion of a derelict Park Keeper’s Hut in Dalmeny Park, which is within the Tufnell Park Conservation Area. The twist in the brief was that the Hut, which formed part of the applicant’s garden wall, had been sold to them by the Council through open tender. The planning refusal however was on the grounds that the Hut was public open space and therefore any change of use would therefore result in a loss of Public Open Space, which would be contrary to policy.
Globe prepared and submitted a Statement of Case for the appeal which challenged Islington Borough Council’s interpretation of the relevant policies contained within the London Plan and their own Local Plan. We also able to draw on our experience of local government and estates management to confirm that the Council had met the requirements of Section 123 of the Local Government Act 1972 before disposing of the Hut, allowing us to demonstrate to the Inspector that the Council had considered the issue of public benefit before deciding to dispose of the building. Globe’s Statement therefore presented a strong argument that, when applying the relevant policies to our client’s application, Islington Borough Council had failed to take account of a significant material considerations – notably, the building was in private ownership, there had never been any public access and the Council had considered the public interest prior to disposal.
The Inspector agreed with these arguments, allowed the appeal and awarded our client costs on the grounds that the Council had acted “unreasonably contrary to the guidance in the National Planning Policy Framework and the PPG”.