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Amalgamating Flats in RBKC: Will Planning Permission Be Approved?

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Is Planning Permission Needed to Amalgamate Flats in Kensington and Chelsea Council?

Amalgamating flats into a single dwelling in the Royal Borough of Kensington and Chelsea is one of the most common enquiries we receive in the borough. On the surface, it often appears straightforward. In reality, RBKC applies a strict policy framework, and outcomes depend heavily on floorspace, planning history, and how the proposal is positioned.

This blog guide explains whether amalgamations are likely to be accepted, how to assess your own property against policy, and when alternative routes such as lawful development may offer a better strategy. It also draws on recent decisions across the borough to show how RBKC is currently determining these applications.

 

Understanding RBKC Policy on Amalgamations

Policy CH1 and the 170m2 Threshold

The starting point is Policy CH1 of the RBKC Local Plan 2019, which seeks to resist the net loss of residential units. However, there is a key exception under part (b).

RBKC will generally accept the amalgamation of 2 units into 1 where:

  • The resulting dwelling does not exceed 170m2 Gross Internal Area
  • The proposal results in the loss of only 1 unit
  • The scheme does not harm the character of the building or conservation area

This 170m2 threshold is the single most important factor in determining whether an application is likely to succeed.

 

Why the Policy Exists

RBKC has a strong policy position on protecting housing stock. The borough is under pressure to retain smaller units, particularly flats, to meet housing demand.

Amalgamations are therefore only supported where they are modest in scale and do not significantly reduce the overall number of homes.

 

When Planning Permission for Amalgamation Is Likely to Be Approved

Properties Below 170m2

If your combined floorspace is below 170m2, the position is generally favourable.

Recent approvals in RBKC clearly demonstrate this:

23 Ifield Road was approved because the combined floorspace fell within the threshold, making the loss of 1 unit acceptable
43 Mary Place at 126.5m2 was approved with no external changes and no impact on the conservation area
76 Ifield Road at 131.64m2 was approved comfortably within policy limits
124 Lexham Gardens was approved at exactly 170m2, showing the threshold is applied precisely

These cases confirm that where the proposal sits within the policy limit, approval is highly likely provided there are no design or amenity issues.

 

Internal Only Schemes

RBKC strongly favours amalgamations that involve internal works only.

Many successful schemes share the same characteristics:

  • No changes to the external façade
  • No impact on conservation areas
  • Retention of the building’s original appearance

Examples include:

  • 100 Gloucester Road where works were entirely internal
  • 30 Hewer Street with no external alterations
  • 2-4 Rosary Gardens where the amalgamation had no visual impact

This reinforces a key point. The more discreet the proposal, the stronger the application.

 

Restoration to Original Family Houses

Another strong route is where the proposal restores a property back to its original use as a single dwelling.

For example:

  • 149 Finborough Road was approved on the basis that it reinstated the original house layout, including the internal staircase
  • 8 Berkeley Gardens was supported as it created a single family home with no external harm

This approach aligns well with both local and national policy, particularly where historic subdivision is being reversed.

 

When Amalgamations Are Likely to Be Refused

Properties Above 170m2

Once the combined floorspace exceeds 170m2, the position changes significantly.

The clearest example is:

  • 95 Oakley Street which was refused despite evidence that it had been used as a single home for over 4 years

The refusal was based on:

  • The combined floorspace exceeding 170m2
  • The proposal falling outside the CH1(b) exception
  • The resulting unacceptable loss of housing stock

This case is important because it shows that policy is applied strictly, even where there are arguments around use.

 

Why Larger Schemes Struggle

RBKC does not generally support large-scale amalgamations because they reduce housing supply, they create large single dwellings in areas where smaller units are needed & they conflict with strategic housing objectives. As a result, proposals above 170m2 require a different strategy.

 

The Role of Established Use and Lawful Development

Certificate of Lawful Existing Use

Where a property has already been used as a single dwelling for a continuous period, planning permission may not be required.

Under section 171B of the Town and Country Planning Act 1990, a use becomes lawful after 4 years if no enforcement action is taken.

This route has been successful in RBKC:

  • 39-41 Egerton Terrace was granted a Certificate of Lawful Existing Use because the amalgamation had been in place for more than 4 years

This is a key alternative where:

  • The property exceeds 170m2
  • The use has already occurred
  • There is sufficient evidence to demonstrate continuity (currently 10 years of evidence)

 

Why A Lawful Development Application Route Is Often Stronger

A lawful development application does not assess policy compliance in the same way as a full planning application.

Instead, it focuses on:

  • Factual evidence of use
  • Duration of that use
  • Whether enforcement is still possible
  • Case Law (local precedent)

This allows applicants to bypass the 170m2 restriction where the use is already established.

 

Grey Areas and Exceptions

The Fawcett Street Example

One of the more interesting decisions is:

  • 14 Fawcett Street, approved at 217.7m2

This exceeds the policy threshold, yet was granted permission.

The key difference was how the case was presented. The application argued that:

  • The property was already functioning as a single dwelling
  • The proposal represented a continuation or restoration of that use
  • There were no external changes or impacts

This suggests that in certain circumstances, RBKC may accept larger schemes where they are framed as existing use rather than new development.

However, this should not be relied upon as a standard approach.

 

Reuse of Flats as Single Dwellings

Another consistent theme is the acceptance of returning properties to a single house format.

For example:

  • 353 Portobello Road was approved as a clear amalgamation back into a single dwelling under CH1(b)

This reinforces the idea that policy is more flexible where the proposal aligns with the original building form.

 

Conservation Areas and Design Considerations

Most properties in RBKC fall within conservation areas, which adds another layer of assessment.

In practice, this rarely prevents approval where:

  • External alterations are minimal or non-existent
  • The character of the building is preserved
  • The proposal is limited to internal reconfiguration

Many of the approvals referenced were within conservation areas, including:

  • Philbeach Gardens
  • Kensington Palace Conservation Area
  • Cornwall Conservation Area
  • The Boltons Conservation Area

This confirms that conservation constraints are manageable in most amalgamation cases.

 

How to Assess Your Own Property

Step 1: Calculate the Combined Floorspace

Measure the total Gross Internal Area of both units.

  • Below 170m2: strong chance of approval
  • Around 170m2: viable but requires careful design
  • Above 170m2: high risk unless alternative strategy


Step 2: Review Planning History

Check whether:

  • The property was originally a single dwelling
  • There is evidence of historic amalgamation
  • Previous permissions or refusals exist

This can significantly influence the approach.

 

Step 3: Consider How the Property Has Been Used

If the units have been used together as a single home:

  • Consider a lawful development application
  • Gather evidence such as utility bills, photographs, and declarations

This may avoid the need for planning permission altogether.

 

Step 4: Assess Design Impact

Ensure that:

  • External changes are minimal
  • The frontage remains unchanged
  • The proposal respects the conservation area

This reduces risk and simplifies the application.

 

Best Strategy for Amalgamations in RBKC

The most effective approach depends on your specific circumstances.

If Below 170m2

Submit a full planning application under Policy CH1(b). These are typically successful where well prepared.

 

If Above 170m2

Consider whether:

  • There is an existing use argument
  • A lawful development certificate is achievable
  • The property can be framed as a restoration

Avoid relying solely on planning policy in these cases.

 

If Use Is Already Established

Pursue a Certificate of Lawful Existing Use. This can be the most straightforward route where evidence is strong.

 

To summarise

Amalgamations in RBKC are not difficult in principle, but they are tightly controlled.

The key lessons learned are simple:

  • Below 170m2, approval is likely
  • Above 170m2, strategy becomes critical

Recent decisions show that RBKC applies policy consistently, but also that there is room for alternative approaches where the facts support it.

Understanding where your property sits within this framework is the first step towards a successful outcome. If you would like a consultation with our planning consultants, send us an email with your property address and a quick summary of the situation, and we will be happy to advise on the best approach, type of application and chances of success. 

Call Us Today for a consultation: 02031500183 or email: enquiries@4dplanning.com

 

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