12 December 2019
Location:
London Borough of Tower Hamlets.
Issue:
Construction being undertaken in contradiction of planning condition.
How we helped and added value:
We secured planning permission for a residential-led mixed use scheme at this site for our client in late 2017. Whilst the majority of the planning conditions had been approved, one condition that prevented works from taking place on the site past a certain point had not been (with construction currently taking place) as the information required will only be available closer to the end of the build. We discussed this with the Council and based on this recommended a Non-Material Amendment application under s96a to vary the wording of the condition to change the trigger point for the condition, enabling it to be discharged later on in the build project. As the original scheme was a major application with a s106 agreement, the Non-Material Amendment application under s96a was far preferable as it ensured that the s106 agreement did not need to be amended, and was also quicker. This has ensured that any potential allegation of a breach of planning has been addressed with respect to this condition.
