Regent's Wharf, Wharf Place, London, E2 9BD
London Borough of Tower Hamlets — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 6 September 2021
- Authority
- London Borough of Tower Hamlets
- Inspector
- Burnham T
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Major dwellings
- Appellant
- Albany Homes Developments Limited
- Agent
- Mr James Kon
- LPA reference
- PA/20/01849
- ONS LPA code
- E09000030
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 22 January 2021
Summary AI
The appeal was dismissed because the proposed development would not meet the conditions for permitted development due to the site being in a Conservation Area.
PDF text
Regent's Wharf, Wharf Place, London, E2 9BD — London Borough of Tower Hamlets — Appeal Decision Site visit made on 26 July 2021 by T J Burnham BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 6th September 2021 Appeal Ref: APP/E5900/W/20/3263557 Regent’s Wharf, Wharf Place, London E2 9BD • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Article 3(1) and Schedule 2, Part 20, Class A of the Town and Country Planning (General Permitted Development)(England) Order 2015 (as amended). • The appeal is made by Albany Homes Developments Limited against the decision of the Council of the London Borough of Tower Hamlets. • The application Ref PA/20/01849, dated 6 August 2020, was refused by notice dated 28 October 2021. • The development proposed is an ‘Application for prior approval under permitted development provisions in Class A, Part 20 of Schedule 2 to the GPDO (as amended by the Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020) for a two-storey extension to the existing three-storey building additional 12 units (which will be constructed on the principal part of the Property)’. Decision 1. The appeal is dismissed. Procedural Matter 2.
Regent's Wharf, Wharf Place, London, E2 9BD — London Borough of Tower Hamlets — Appeal Decision The description of the proposal has been taken from that included by the Council on the decision notice which was also included by the appellant on their appeal form. I have determined the appeal on this basis as it has been used by both parties and clearly identifies the proposals. Main Issue 3. The main issue is whether the proposed development complies with the conditions, limitations or restrictions applicable to enable it to be permitted development. Reasons 4. The appeal site sits on the south west bank of Regents Canal. When comparing the appellants site plan with the boundary of the Regents Canal Conservation Area (the Conservation Area), the evidence indicates that part of the site along its north eastern side falls within the Conservation Area. This does not form an area of disagreement between the parties. 5. Schedule 2, Part 20, Class A of the Town and Country Planning (General Permitted Development)(England) Order 2015 (as amended) (GPDO) grants https://www.gov.uk/planning-inspectorate
Regent's Wharf, Wharf Place, London, E2 9BD — London Borough of Tower Hamlets — Appeal Decision Appeal Decision APP/E5900/W/20/3263557 permitted development rights for new dwellinghouses on detached blocks of flats. 6. However, under paragraph A.1(o)(i), development is not permitted by Class A if the land or site on which the building is located, is or forms part of article 2(3) land, which includes Conservation Areas. 7. There are further areas of disagreement between the parties as to whether the proposed development would constitute permitted development. These centre around whether the block of flats can be considered detached and whether the proposal would meet the relevant criteria under paragraph A.1(c) and A.1(e)(ii). 8. However, regardless of these matters, the evidence before me is clear that the proposal would not meet the conditions, limitations or restrictions applicable to enable it to be permitted development under Schedule 2, Part 20, Class A paragraph A.1(o)(i). 9. This is because the site on which the building is located forms part of a Conservation Area. Given that this is the case I will not make any determination on the prior approval matters on which there are further areas of disagreement between the parties. Conclusion 10.
Regent's Wharf, Wharf Place, London, E2 9BD — London Borough of Tower Hamlets — Appeal Decision For the reasons given above, I conclude that the appeal should be dismissed.
Regent's Wharf, Wharf Place, London, E2 9BD — London Borough of Tower Hamlets — T J Burnham INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Heritage impact Against appellant ¶4
The site sits on the south west bank of the Regents Canal, which is a Conservation Area. This means the development cannot be permitted development.
Housing land supply Neutral ¶5
The GPDO grants permitted development rights for new dwellinghouses on detached blocks of flats, but there are further areas of disagreement around whether the block can be considered detached.
Conditions Against appellant ¶8
Regardless of the disagreements, the proposal does not meet the conditions for permitted development due to the site being in a Conservation Area.
Policies relied on
| Reference | Weight |
|---|---|
| Schedule 2, Part 20, Class A of the Town and Country Planning (General Permitted Development)(England) Order 2015 (as am |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 6 September 2021 under the Open Government Licence.