®Planning appeal decision
170 Penwith Road and 2-8 Thornsett Road, London, SW18 4QA
development described as ‘Demolition of existing buildings and erection of a part three, part four-storey plus basement level building to provide floorspace for Class E and Class B8 uses and residential units of both private and affordable tenure, with associated balconies and terraces, cycle parking provision and a new sub-station’, without complying with conditions attached to planning permission Ref 2019/1427 dated 30 October 2020
- Authority
- London Borough of Wandsworth
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- employment-industrial · Major dwellings
- Inspector
- Smith J
Main issues, as the Inspector framed them
- the main issue is the effect of varying condition 2 on the proposed employment uses and the supply of industrial land
What decided it
The additional condition needed to safeguard industrial land would trigger substantive, procedurally unfair changes to the affordable housing and managed workspace obligations in the Unilateral Undertaking, so the harm to industrial land supply could not be lawfully overcome.
The harm to the supply of industrial land from an unrestricted Class E/B8 use was not outweighed by the evidence of unsuccessful marketing, and although a safeguarding condition could have addressed that harm, procedural unfairness arising from consequential changes to the s106/UU obligations meant the balance could not be resolved in the appellant's favour.
Plan policies cited: Policy LP34, Core Strategy Policy IS5, DMPD Policy DMH3
Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)
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.