Landmark Chambers


Inspector grants planning permission for 278 residential units above Tesco store in Kensington

DATE: 16 May 2017

A planning inspector has allowed an appeal and granted planning permission for a scheme comprising 278 residential units in five buildings up to a maximum height of 13 storeys on top of the existing Tesco retail store at 100A West Cromwell Road, Kensington and Chelsea. The scheme also includes an extension to the Tesco store, community and leisure facilities, a café and a crèche. 

The application that had been refused was made pursuant to section 73. An issue arose as to whether the original planning permission had been implemented. If it had not then no valid section 73 application could be made since the time for commencement would have expired (see section 73(5) of the 1990 Act). 

The key issue was whether applications for prior approval in respect of limited works required to implement the planning permission could lawfully be approved or whether the conditions imposed required full details of the whole scheme to be approved before development could begin. 

The Inspector concluded that the planning permission contemplated approval in stages and thus the applications could be determined. The Inspector held that the original planning permission had been implemented and against that context planning permission should be granted for the proposed scheme. 

The Inspector made a partial award for costs against the London Borough of Kensington and Chelsea.

Reuben Taylor QC acted for the successful Appellant, Spen Hill Developments Limited