®Planning appeal decision
1 - 5 Mercy Terrace, LONDON, SE13 7UX
the construction of a part two/part three storey building on the site of 1-5 Mercy Terrace SE13, comprising ground floor commercial floor space to be used as a farmers market/multi purpose hall for hire (sui generis), 2 one bedroom and 1 two bedroom self-contained flats incorporating roof terraces to the rear, together with the provision of refuse and bicycle stores and external refurbishment of the adjoining stable/garage without complying with conditions attached to planning permission Ref DC/11/77223, dated 31 May 2012
- Authority
- London Borough of Lewisham
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Simpson V
Main issues, as the Inspector framed them
- whether or not each of the conditions could be varied/removed as proposed, having regard to the Town and Country Planning Act 1990 – as amended (the act) and any other material considerations, including the 'Finney' judgment
- whether such condition/s are necessary with particular regard to the effect of the development on the vitality of the town centre and flood risk
What decided it
Conditions 11 and 12 could be removed without conflicting with the operative part of the original permission, and their removal would enhance town centre vitality without causing material harm to flood risk, noise levels, or conservation area character.
Plan policies cited: ENV.PRO 9, ENV.PRO 11, HSG 4, STC 9, SI 12, GG2, SD6, E9, CS6, DM 16
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.