News 2020
CREATE Planning’s success following a Public Inquiry on an enforcement appeal 02.05.2020
CREATE Planning acted as an expert witness and successfully challenged an enforcement notice, issued by LB Hackney in relation to an unlawful change of use of a warehouse to residential following the grant of prior approval. Enforcement action was issued and the prior approval notifications (for the ground floor and first floor) were deemed no longer valid on the basis that some operational work had taken place to the building (installation of and closing off windows and doors, erection of a fire escape staircase etc). A fall back position was not available as an Article 4 Direction was imposed following the issue of prior approval.
The appeal was successful under Ground C (i.e. lawfully implemented) in relation to the ground floor as the Inspector set out that provided the change of use was compliant with the approved plans internally, any other development that is done before/after/at same time does not invalidate that prior approval and therefore irrelevant whether or not the other operational works are started before use is implemented. This is significant for developers wanting to use prior approvals and undertake changes to the exterior as provided they comply with internal plans, only the external works are at risk of enforcement and not the use (and given they mostly improve the building are likely to be granted retrospectively anyway).
Ground C was not successful in relation to the first floor as this was found to be not validly implemented as a soundproofing condition was not complied with prior to commencement. However, Ground A was successful where, despite the studio units not meeting National Space Standards, a housing report on safety/fitness for use and evidence from the tenants were both instrumental on obtaining success.
CREATE secured consent for a 40 bedrooms micro-hotel in Greenwich 26.02.2020
CREATE worked closely with Greenwich Council to secure a high-quality heritage-led development adjacent to Woolwich Centre Conservation Area and Woolwich Arsenal Station. The scheme was consented on 25.02.2020 at planning committee following a long and interesting debate with the planning committee members.