®Planning appeal decision
68-70 Wardour Street, LONDON, W1F 0TB
flexible use of the ground and basement floors for either retail (Class A1) or restaurant use (Class A3). without complying with a condition attached to planning permission Ref 20/01448/FULL, dated 23 June 2020
- Authority
- City of Westminster Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- retail · Other minor developments
- Inspector
- Cragg D
Main issues, as the Inspector framed them
- Appeal A: whether condition 6 restricting a delivery service from the premises is reasonable and necessary having regard to the effects of the development on living conditions of neighbouring properties and the need to support sustainable forms of transport
- Appeal B: whether condition 10 requiring cycle parking is reasonable and necessary having regard to the need to promote cycling as a sustainable transport mode
What decided it
The building's physical constraints and the inherent limitations of Class E restaurant use on deliveries, combined with the absence of site-specific circumstances distinguishing the appeal site from other commercial uses on Wardour Street, rendered both conditions unnecessary.
Plan policies cited: Spatial Policy 2 of the Westminster City Plan 2019-2040, Policy 16 of the Westminster City Plan 2019-2040, Policy 7 of the Westminster City Plan 2019-2040, Policy 25 of the Westminster City Plan 2019-2040, Policy 28(B) of the Westminster City Plan 2019-2040, Policy 32(D) of the Westminster City Plan 2019-2040, Policy 33 of the Westminster City Plan 2019-2040, Policy 38(c) of the Westminster City Plan 2019-2040, Policy 43(D) of the Westminster City Plan 2019-2040, Policy T5 of the London Plan 2021, Policy 6.9 (Table 6.3) of the London Plan 2016
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.