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Planning appeal decision

Dismissed29 July 20223280060

Lord Kitchener, 21 Wrotham Road, Welling, DA16 1LS

Planning appeal 3280060 at Lord Kitchener, 21 Wrotham Road, Welling, DA16 1LS (London Borough of Bexley) was dismissed on 29 July 2022 by Inspector Major P, by written representations. The main issue, as the Inspector framed it: 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.

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

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Major P
Postcode
DA16 1LS

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.

What the Inspector cited

Development plan policies
London Plan Policy H4

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.

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The decision letter

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More decisions in London Borough of Bexley

The authority’s record since 2016 · every decision in 2022

  1. Dismissed19 October 20266013098
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  3. Allowed12 October 20266004983
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  4. Allowed2 October 20266012368
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  5. Dismissed25 September 20266012819
    17 Percy Road, Bexleyheath, DA7 4DZ

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.