Agenda item
PLANNING APPEALS REPORT
Recommendation:
The Committee is invited to note the contents of the report.
Minutes:
Paul Buckenham (Development Control Manager) introduced the report.
The report summarised appeal decisions in Tower Hamlets made by the Planning Inspectorate (on behalf of the Secretary of State) over a 14 month period since the last report - from 1 October 2016 to 30 November 2017.
The Committee were advised of the different types of appeals and the importance of reviewing appeal decisions in terms of future decision making.
The Committee noted that during the 14 month period, 83decisions were made on appeals in Tower Hamlets. 79were following a refusal of permission and 3 were non-determination appeals. Of the 83 decisions, 22 were allowed, 60 dismissed and 1 was part allowed. This meant that in 72% of the cases, the Council decision had been upheld. The Council had a consistent success rate which fell far below the Department for Communities and Local Government’s new criteria regarding major and non major applications overturned at appeal. The Council also tended to have fewer appeals compared to other Authorities.
It was noted that there were 48 current appeals against decisions (or non-determination) that have not yet been decided. However there were 5 cases that would be deal with through a public Inquiry, two of which had taken place during December, the others had dates to be set in 2018. The report included a list of forthcoming appeal inquiries and hearings.
The Committee’s attention was then drawn to the outcome of the following three appeals and the implications of these decisions:
· Former Stepney’s Nightclub, 373 Commercial Road, Stepney - Planning permission was refused by the Council for the erection of a 3 storey mixed use building to provide new commercial floorspace with 6 new homes on the upper floors. This was subsequently allowed on appeal and dismissed following a further appeal. Members noted the issues in respect of the noise impacts.
· Flat 39A, Northesk House, Tent Street, Whitechapel.
The appeal concerned the temporary change of use of the flat from residential to a short-term let. Permission was refused under delegated powers and the appeal was refused. Officers considered that the decision was significant and helpful in terms of how the Council moved forward to tackle the growing issue of unlawful changes of use of residential properties to short term let properties.
· Harley House and Campion House, Frances Wharf - The appeal concerned roof extensions to provide 6 new residential units along with reconfiguration of 1 existing unit. The appeal was allowed. Members noted the issues in respect of incremental development.
In response to the presentation, the Committee discussed in further detail the Stepney’s night club decision and the lessons that could be learnt in respect of applications involving residential and a night club use. The Committee also discussed the financial implications of appeals and the type of issues that could result in the award of costs.
In addition, the Committee asked questions about the number of appeals against non - determination and the work done to address this. Members asked about the ways in which they could express views on major applications should the decision making powers be transferred to the Planning Inspector on the grounds of non - determination. It was noted that in such cases, Members would normally still have the opportunity to express a view on such application as they would usually be brought to the Committee for it to say how they would have determined it to inform the appeal process.
On a unanimous vote, the Committee RESOLVED:
That the contents of the report be noted.
Supporting documents: