®Planning appeal decision
Lord Kitchener, 21 Wrotham Road, WELLING, DA16 1LS
the change of use of the ground floor of the existing public house (sui generis) to retail (Class E) conversion of the existing first and second floor and the erection of a two storey (with accommodation in the roof) rear extension to form 19 apartments comprising of 10 x 2 bed and 9 x 1 bed apartments with associated car and cycle parking
- Authority
- London Borough of Bexley
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Major P
Main issues, as the Inspector framed them
- Whether the proposed development would be acceptable with a lower quantum of affordable housing and whether the submitted Unilateral Undertaking is sufficient to address affordable housing and other provisions
What decided it
The permitted scheme has been substantially implemented and is bound by a s.106 Agreement requiring 42% affordable housing; allowing this appeal would amount to retrospective permission for a materially different scheme, and the offered Unilateral Undertaking is insufficient to address affordable housing requirements and other policy requirements.
No balancing exercise was undertaken; the decision turned on the legal and factual position that the prior scheme had been implemented and the inadequacy of the Unilateral Undertaking to meet policy requirements.
Plan policies cited: London Plan Policy H4
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.