®Planning appeal decision
Petersham Nurseries Ltd, Petersham Road, Richmond, TW10 7AB
Planning appeal 3339372 at Petersham Nurseries Ltd, Petersham Road, Richmond, TW10 7AB (Richmond Upon Thames London Borough Council) was decided (quashed on legal grounds) on 12 July 2024 by Inspector Hartley D, following an inquiry. The main issue, as the Inspector framed it: Whether the breach of planning control results in inappropriate development in Metropolitan Open Land (MOL) including its effect on the openness and purposes of the MOL.
Continuation of the mixed use as garden centre (Class A1) and café/restaurant (Class A3) without complying with conditions restricting café/restaurant hours and the extent of café/restaurant areas
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- retail · Change of use
- Inspector
- Hartley D
- Postcode
- TW10 7AB
Main issues, as the Inspector framed them
- Whether the breach of planning control results in inappropriate development in Metropolitan Open Land (MOL) including its effect on the openness and purposes of the MOL
- the effect of the development on the living conditions of the occupiers of neighbouring properties in respect of noise, disturbance, and light
- the effect of the development on the character and appearance of the area
- if the development is inappropriate in MOL, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify development
What decided it
New planning conditions controlling the areas, hours and management of evening café/restaurant use were found sufficient to prevent harm to the openness of the MOL, neighbours' living conditions and the character of the area.
Having found no inappropriate development in the MOL and no resulting harm to living conditions, character or heritage assets once new conditions were imposed, the Inspector concluded the appeal should succeed without a very special circumstances balance being required.
What the Inspector cited
- Development plan policies
- policy G3policy LP13policy LP35 of the Draft Planpolicy LP8policy LP10Draft Plan policy 46policy LP1policy C1policy HC6policy LP3policy LP4policy 29 of the Draft Local Plan
- National Planning Policy Framework
- Paragraph 48Paragraph 135Paragraph 143Paragraph 155Paragraph 180Paragraph 191
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
More decisions in Richmond upon Thames
The authority’s record since 2016 · every decision in 2024
- Dismissed26 October 2026601187461-63 Petersham Road, Richmond Upon Thames, TW10 6UT
- Dismissed20 October 20266010388163 Garrick House, High Street, Hampton Hill, TW12 1BZ
- Dismissed1 October 2026601121910 Water Lane, Richmond, TW9 1TJ
- Dismissed1 October 202660073901-54 Garden Road, Richmond, TW9 4NR
- Notice varied and upheld29 September 20263365429The Anglers Hotel, 3 Broom Road, Teddington, TW11 9NR
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.