Poor planning history review prevents further electric vehicle provision

Non-compliance with a condition requiring electric charging points in relation to the development of an additional floor at a flatted development in west London was allowed, the inspector determining the council should have reasonably required further provision of electric charging points in an earlier permission at the site.

The appeal related to a former office building granted residential use for three of its four floors with 12 car parking spaces under prior approval in 2014. In the original plans for the prior approval six of the spaces were allocated for electric charging points. The council’s policy required one in five spaces to provide for an electrical charging point. A children’s nursery also existed at ground floor with its own additional 10 spaces allocated and hatched out in the prior approval plans. Planning permission was then granted on appeal in 2016 for the addition of a fourth residential floor of four flats but with no additional parking required for the residential component. Following that, planning permission was granted in 2017 for the ground floor nursery to be converted to four flats with four of the original 10 spaces allocated to parking for those flats, but no provision for any charging points for any of the flats was indicated anymore. The inspector opined that as this permission related to the ground floor use only, it did not change or prejudice the requirements of the earlier permissions. However, he also opined that had the council wanted to increase the provision of charging points at the development, they should have done so as part of the approval of the change of use of the nursery instead of trying to do so through the current appeal relating to a condition on the fourth-floor addition for which no parking requirement was made. He concluded it would therefore be unreasonable to withhold approval because the council had effectively allowed a residential use of the whole of the building with a combined requirement to provide six charging points. 

Inspector: Richard Jones; Written representations

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