292 - 294 Plashet Grove, East Ham, London, E6 1DQ

Planning appeal 3304638 at 292 - 294 Plashet Grove, East Ham, London, E6 1DQ (London Borough of Newham) was dismissed on 17 November 2023 by Inspector Russell J, by written representations. The main issue, as the Inspector framed it: Whether the trench represented a material operation for the purposes of s56 of the TCPA90.

Complete demolition of existing office building (Use B1) and construction of 6-storey new build hotel scheme (Use C1) with 85 hotel rooms, ancillary accommodation, dining facility, bin/refuse stores, linen storage and illuminated signage

Authority: London Borough of Newham
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: leisure-sport · Major retail and services
Inspector: Russell J
Postcode: E6 1DQ

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.

What the Inspector cited

Development plan policies: London Plan Policy T1London Plan Policy T4London Plan Policy T7Newham Local Plan Policy INF1Newham Local Plan Policy SP8

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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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.