We have secured a landmark win for Comer Homes Group on an unprecedented enforcement notice appeal inquiry case involving the Mast Quay Phase II residential development.
The Mast Quay Phase II development comprises two mixed-use tower blocks made up of 204 residential units, for which Comer Homes Group obtained planning permission. In September 2023, the Royal Borough of Greenwich, the local planning authority, alleged that there were several material deviations from what was authorised under the original planning permission. The local authority further alleged that these deviations were so severe they warranted complete demolition of the development and for the land to be restored to its pre-development condition.
The Taylor Wessing team advised Comer Homes on the planning appeal and represented the client throughout the inquiry process in Woolwich, all of which lasted over 16 months. This involved many professionals working together including counsel and 14 members of a professional witness team.
After an Appeal Inquiry in July, August and September 2024, the Taylor Wessing and consultant teams have secured a win for Comer Homes, successfully arguing that there are compelling substantial benefits of the scheme which outweigh the Council’s case for demolition.
The Taylor Wessing team advising Comer Homes Group was led by partner Alistair Watson with associates Anna-Mariya Angelinova and Kate Little. Other team members include senior associates Rebecca May and Stephen Burke and associate Alicia Convery in the construction and real estate disputes teams.
Commenting on the decision partner Alistair Watson said: "This was a unique case and a complex inquiry with extensive technical evidence. The decision demonstrates that common sense and logic does prevail in the planning system, and that is important given the economic, social, and environmental challenges that London and the rest of the country faces."
Associate Anna-Mariya Angelinova added: "This landmark decision allows the local area to benefit many times over, through retention of good housing in an area with acute housing shortage, contribution towards further affordable housing, and provision of an improved public realm, highways and access.”
