®Planning appeal decision
Lidl Store, 71 - 73 Acre Lane, Lambeth, London, SW2 5TN
demolition of existing building to facilitate the erection of a double height building with pitched roof to provide 1049 sq.metres of retail floor space (Class A1) with the provision of 26 car parking bays and a service yard at rear without complying with a condition attached to planning permission Ref 97/00823/FUL, dated 5 December 1997
- Authority
- London Borough of Lambeth
- Appeal type
- major · Planning
- Procedure
- Hearing
- Development
- retail
- Postcode
- SW2 5TN
Main issues, as the Inspector framed them
- The main issue is the effect that varying conditions 5 and 9 would have on (i) the living conditions of neighbouring occupiers, with particular regard to noise and disturbance, and (ii) highway safety.
What decided it
The unresolved potential noise and disturbance harm to neighbouring occupiers, which could not be controlled by an enforceable condition and was not outweighed by the reduced benefits given a less harmful fallback permission.
the benefits of improved servicing arrangements, reduced in weight because a less harmful fallback permission existed, did not outweigh the potential harm to neighbouring living conditions from noise and disturbance
Plan policies cited: Policy Q2, Policy D14, Policy T7, Policy T4
Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823
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.