®Planning appeal decision
The Ground Floor, The China Hall, 141 Lower Road , London, SE16 2XL
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
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.
Framework references: 57
Plan policies cited: TLP Policy HC7, TSP Policy P42, TSP Policy P47, TLP Policy HC5, TLP Policy HC6, TSP Policy P1, TSP Policy LO1, TSP Policy P54
Judgments cited: R (oao Khodari) v Royal Borough of Kensington and Chelsea & Cedarpark Holdings Inc [2017] EWCA Civ 333
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.