Developer wins planning appeal against luxury-flat demolition order


A developer has won its appeal against an order to demolish a luxury build-to-rent development but must remove orange cladding from the buildings.

Greenwich Council issued an enforcement notice against Comer Homes in September 2023, arguing that the second phase of its Mast Quay development in Woolwich deviated too far from its planning permission.

The local authority said the scheme, which won permission in 2012 and was completed in 2022, looked different to the approved plans, had less communal amenity space than it should and had reduced wheelchair accessibility.

The scheme encompasses two towers, one that is stepped up to 23 storeys and one that is 15 storeys high.

Following an inquiry held last summer, planning inspector John Braithwaite ruled on Thursday (9th January) that the benefits of having the homes outweigh the planning breaches.

He noted that while the development had a “slightly larger footprint” it was granted approval for, this was “not material” visually and “most importantly” is the same height as it won planning for.

“The benefits of the development include the provision of 204 residential units including 28 affordable housing units, in a borough where there is a woeful undersupply of housing, and the payment of an affordable housing contribution of £4.4m to [the Royal Borough of Greenwich]. These benefits, in themselves and as a matter of planning judgement, are compelling,” he said.

But the inspector did not quash the council’s order to demolish the buildings and it will come back into force if Comer Homes does not comply with 50 new conditions attached to its planning permission.

These include changing the colour of the orange cladding Braithwaite agreed was “visually intrusive”.

Other conditions include providing the council with plans for fire safety works within three months and coming up with a detailed accessibility plan in the same timeframe.

Another deviation from its planning permission was that a residents’ gym was inaccessible as it was within an area earmarked as commercial floorspace.

Braithwaite said that if Comer Homes cannot successfully let the space to a commercial gym operator within two years, it must remain as a residents’ gym and not be turned into other commercial space.

A Comer Homes spokesperson said: “We’re happy with the decision made by the independent inquiry and pleased that a satisfactory outcome has been reached for the good of the residents.

“We look forward to now working closely with Greenwich Council to move forward and bring this situation to a positive end.”



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