The High Court has upheld a refusal of planning permission for a London architect who is seeking to build contemporary offices in the West Wimbledon conservation area.
Andrew Pinchin sought planning permission to build new offices on the site of a dilapidated, two-storey listed building at 47 Cottenham Park Road, London, SW20, which forms part of a shopping parade.
Deputy Judge Rich QC ruled that the inspector who refused the application on appeal had reached a conclusion that was open to her, on a matter that formed part of her remit.
Pinchin had originally applied for listed buildings consent to demolish the vacant building, together with planning permission to build new offices. After the application was refused, he sought planning permission for a smaller development of contemporary design which incorporated architectural features found in the conservation area.
Merton London Borough Council acknowledged the high quality of the design, but again rejected his plans. The council stated that applications involving A1 retail uses would be considered, as would other uses, provided they did not harm the vitality or viability of the shopping parade. However, Pinchins plans consisted predominantly of B1 offices, with either A1 retail or A2 professional services uses on the ground floor.
The inspector dismissed Pinchin’s appeal on the grounds that the schemes size and design would harm the conservation area, and that the option of the Class A2 use would potentially harm the shopping parade by reducing the number of retail units in the area.
Deputy Judge Rich QC backed the inspector’s decision. He held that, although his conclusions on the use of the unit were surprising, they were supported by evidence. In any event, a different conclusion would not have changed the overall decision, given the inspector’s findings on the conservation area issue.
R (on the application of Pinchin) v Secretary of State for Transport, Local Government and the Regions High Court (Deputy Judge Rich QC) 10 September 2002.
Mary Macpherson (instructed by Sharpe Pritchard) for Pinchin. James Maurici (instructed by the Treasury Solicitor) for the Secretary of State.
PLS News 11/9/02
