Old Oak development area

The Hammersmith Society decided to make a £300 donation to the costs of a legal opinion from Landmark Chambers on a new planning manoeuvre, because it looks to set a precedent and become frequent in Old Oak and elsewhere.

Henry Peterson of the Old Oak Neighbourhood Forum and Grand Union Alliance – whose planning knowledge has been invaluable to local groups such as our affiliate St. Helens R.A. in the past – spotted that developers were seeking increases in height to approved planning permissions by means, not of a new planning application, but through a technical route using Sections 96A and 73 of the Town & Country Planning Act 1990 to seek minor material amendment approval, to “optimise” a planning consent. The amendments in question are often by no means minor and should warrant a new planning application.

This route has been used in a permission for North Kensington Gate (South) on Scrubs Lane where the developers have sought to increase the approved height of the development from 19 to 22 storeys, and the housing units by 20%. The Society and others have opposed the application as the planning context has dramatically changed from the original permission, where  intensive development was envisaged on that side of the area – now no longer part of the development plan following the exclusion of the Car Giant site – and with significant public transport additions planned via a new Overground station at Hythe Road – also no longer on the agenda, partly because of the many pressures on TfL finances.

On the other side of the development area, at the carbuncle cluster at North Acton (highly visible from the A40 and wherever there are long views of the west London skyline), the same loophole was used for two 55 storey towers applications, increasing the height of one by 10 storeys.

The legal opinion obtained casts doubts on the validity of this loophole route, setting out grounds for potential challenge in future cases, and it should be invaluable in monitoring planning activity in the borough in the future. We hope it will also give pause for thought to planners at the OPDC and borough planning departments.

The Old Oak and Park Royal Development Corporation itself has spent recent months regrouping after the Planning Inspectorate’s ruling that their Local Plan need redrawing, as it had included Car Giant land in its projections, land which is not actually available for redevelopment, and the London Assembly has itself recently publicly questioned OPDC finances and organisation.  However, the OPDC will have taken encouragement from the Government’s go-ahead for HS2, for which the terminus will be at Old Oak for at least 3 years. OPDC will have hoped this will generate a development bounce for some of the area, though the future post-coronavirus is hard to predict.