An Inspector has allowed an appeal made by Whitbread PLC for a new 294 bed hotel, to be operated as a Premier Inn Hub, on a site at the junction of Marylebone Road and Old Marylebone Road, in Westminster. The appeal arose from a decision by Westminster City Council to refuse planning permission, following a Mayoral direction, by reference to concerns as to delivery and servicing arrangements. The City Council insisted that all servicing should be from Old Marylebone Road – part of the TfL Road Network – rather that from an adjoining side street – Harcourt Street – which was the arrangement proposed by Whitbread. The Mayor, following advice from TfL, directed refusal of the application with servicing from the TfL Road Network but servicing from Harcourt Street was supported by the Mayor. The Inspector accepted the case for Whitbread that servicing from Harcourt Street was acceptable. Moreover, the Inspector found that Westminster’s insistence on servicing from Old Marylebone Road rather than Harcourt Street was unreasonable, and made a full award of costs in favour of Whitbread.

Douglas Edwards KC represented Whitbread PLC, instructed by Bob Sadler of DWF Law and by Jones Lang Lasalle.

The decision can be found here.