®Planning appeal decision
292 - 294 Plashet Grove, East Ham, London, E6 1DQ
- Authority
- London Borough of Newham
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- leisure-sport · Major retail and services
- Inspector
- Russell J
Main issues, as the Inspector framed them
- Whether the trench represented a material operation for the purposes of s56 of the TCPA90
- Whether condition 3 is a condition precedent and what that means for the 2019 permission
- If the trench was dug in breach of a condition precedent, whether that means development took place without planning permission
What decided it
The level and type of vehicular movements required during demolition and construction, particularly the manoeuvring of 30-tonne lorries into the site from Plashet Grove, would create unacceptable highway safety risks that cannot be mitigated to an acceptable level, and condition 3 was necessarily and clearly justifiably imposed as a pre-commencement condition given the site's constraints and sensitive location.
Plan policies cited: London Plan Policy T1, London Plan Policy T4, London Plan Policy T7, Newham Local Plan Policy INF1, Newham Local Plan Policy SP8
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.