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Enforcement Notice Quashed and Temporary Planning Permission Granted for Deliveroo Editions Site in Swiss Cottage

Morag Ellis QC
Simon Bird QC
Esther Drabkin-Reiter

Following a three day planning inquiry, an Inspector has allowed an appeal under section 174(2)(a) of the Town and Country Planning Act 1990 by Roofoods Ltd (trading as Deliveroo) against an Enforcement Notice alleging a material change of use of the property to use as commercial kitchens and delivery centre (sui generis) and installation of external plant to facilitate the use and has granted planning permission for a period of 12 months.

The appeal relates to a site in the Finchley Road/Swiss Cottage Town Centre within the London Borough of Camden used by Deliveroo for its “Editions” concept, which involves commercial kitchens staffed by individual restaurant partners preparing food solely for delivery.

At the outset of the inquiry the Local Planning Authority confirmed its position that it would not be proportionate to resist the ground (a) appeal provided properly framed, enforceable environmental controls were secured by way of section 106 obligation or planning conditions. The Local Residents Group, a Rule 6 party which participated fully in the inquiry, maintained its opposition to the ground (a) appeal on the basis of highway safety concerns and harm to local amenity, including noise, odour and the character and appearance of the local area.

The Inspector concluded that any harm to the amenity by way of noise or odour could be dealt with by planning condition. Relying on the absence of any objection by TfL in relation to increased use of the local highway network, she did not think there were highway safety concerns for resisting permission pursuant to para.109 NPPF. While she had reservations about the effectiveness of recent measures proposed to mitigate the other concerns raised by the Local Residents Group, in the light of the economic advantages of Deliveroo’s use and the service it provides, the Town Centre location of the site and the Council’s position, she considered that a grant of temporary planning permission was appropriate.

Given the outcome of the ground (a) appeal, the ground (f) and (g) appeals did not fall to be considered.

Simon Bird QC acted for the Appellant, Deliveroo; Morag Ellis QC acted for the Local Planning Authority, the London Borough of Camden; Esther Drabkin-Reiter acted for the Rule 6 party, the Local Residents' Group.

A copy of the decision can be viewed here.