Developers win appeal against council demolition order for 23-storey, twin tower development

Developers who were told to demolish a 23-storey residential development over "significant deviations" from the original planning permission have successfully appealed the decision to the Planning Inspectorate.

The London Borough of Greenwich ordered the 204-home site to be torn down in September 2023, over a series of differences between the finished buildings and the planning permission.

It issued an enforcement notice calling on the developer to tear down the development's two residential towers and to restore the land to its original condition before the alleged breach of planning control.

Comer Homes later appealed the enforcement notice, claiming it had sought to engage with the council and that the London borough's concerns could be addressed by agreeing on a retrospective planning application.

Planning inspector John Braithwaite issued his decision on Thursday (9 January), stating that the council's inability to demonstrate a five-year housing land supply triggered the presumption in favour of sustainable development under the National Planning Policy Framework (NPPF).

He noted that the development's provision of 204 homes in the borough where there is a "woeful undersupply of housing" and the payment of an affordable housing contribution of £4.4m was "compelling" as a matter of planning judgement.

He also found that the adverse impacts of granting planning permission did not significantly and demonstrably outweigh the compelling substantial benefits.

Braithwaite's decision added: "Furthermore, granting planning permission will bring forward additional benefits including other financial contributions as set out in the Section 106 Agreement, as well as a Community Infrastructure Levy contribution of £2,340,000, and would result in an enhanced public realm, increased biodiversity and urban greening, and improved access to the Thames Path."

One of the main complaints raised by the council was a visual difference between the approved plans and the final structure.

Its enforcement notice listed 26 main deviations from the planning permission, which included "visible design changes" to the outside of the towers, visible changes to the materials and windows, and an increase in the approved size of the towers' footprint.

However, the inspector concluded that the as-built development, with conditions attached to the planning permission, "does not have a significant adverse effect on the character and appearance of the area".

The conditions attached to the planning permission included an agreement to replace orange cladding on the building with panels of an appropriate and complimentary colour agreed upon by the council.

The developer also agreed to aesthetic 'optional enhancements" to the building, including the addition of dark grey panelling below windows, a dark-coloured projecting edge for two blocks, and the introduction of grey and white banding across the tail element of one of the blocks.

Responding to the decision, a spokesperson for Comer Group 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." 

A spokesperson for Greenwich Council said: "This was a landmark case following unprecedented enforcement action.

"We stand by our decision to hold developers to account when unlawful development has taken place in our borough and we make no apologies for standing up for our residents and local communities.

"We look forward to commenting further in due course."  

Adam Carey