®Planning appeal decision
68-70 Wardour Street, London, W1F 0TB
Planning appeal 3270770 at 68-70 Wardour Street, London, W1F 0TB (City of Westminster Council) was allowed on 22 November 2021 by Inspector Cragg D, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- W1F 0TB
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.
What the Inspector cited
- Development plan policies
- Spatial Policy 2 of the Westminster City Plan 2019-2040Policy 16 of the Westminster City Plan 2019-2040Policy 7 of the Westminster City Plan 2019-2040Policy 25 of the Westminster City Plan 2019-2040Policy 28(B) of the Westminster City Plan 2019-2040Policy 32(D) of the Westminster City Plan 2019-2040Policy 33 of the Westminster City Plan 2019-2040Policy 38(c) of the Westminster City Plan 2019-2040Policy 43(D) of the Westminster City Plan 2019-2040Policy T5 of the London Plan 2021Policy 6.9 (Table 6.3) of the London Plan 2016
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.