®Planning appeal decision
The Ground Floor, The China Hall, 141 Lower Road , London, SE16 2XL
Planning appeal 3324674 at The Ground Floor, The China Hall, 141 Lower Road , London, SE16 2XL (London Borough of Southwark) was allowed in part (a split decision) on 19 July 2024 by Inspector White P, following an inquiry. The main issue, as the Inspector framed it: Whether it has been demonstrated that there is sufficient justification for the loss of the use as a public house.
described as, “Without planning permission, development not in accordance with planning permission 19/AP/5594 and unauthorised change of use of the building from sui generis (drinking establishment) at ground floor and basement level to two C3 Use Class residential dwellings (“the Unauthorised Development”)”
- Authority
- London Borough of Southwark
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- White P
- Postcode
- SE16 2XL
Main issues, as the Inspector framed them
- Whether it has been demonstrated that there is sufficient justification for the loss of the use as a public house
- Whether the development will make adequate provision towards the delivery of new social rented and intermediate homes
- Whether the development will promote sustainable transport through car-free development
- the needs of the occupiers of the residential dwellings on the ground floor, with regard to their personal circumstances
What decided it
The appellant's failure to demonstrate, through authoritative marketing evidence over the required period, that there was no realistic prospect of continued use of the building as a public house, as required by TSP Policy P42 and TLP Policy HC7.
Substantial weight against the loss of the public house and the associated development plan conflict outweighed the limited, moderate and significant weight given respectively to the two new dwellings, the affordable housing contribution and the families' personal circumstances, resulting in refusal of the change of use; but for the rear extension, the fallback position meant no additional harm arose, so permission was granted for that element.
What the Inspector cited
- Development plan policies
- TLP Policy HC7TSP Policy P42TSP Policy P47TLP Policy HC5TLP Policy HC6TSP Policy P1TSP Policy LO1TSP Policy P54
- National Planning Policy Framework
- Paragraph 57
- Judgments
- R (oao Khodari) v Royal Borough of Kensington and Chelsea & Cedarpark Holdings Inc [2017] EWCA Civ 333
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.