Petersham Nurseries public inquiry

Petersham Nurseries Ltd have lodged an appeal against our enforcement notice which was served at the site on 15 January 2024. This concerned the breach of conditions relating to planning permission reference 08/4312/FUL.  

• Address: Petersham Nurseries, Petersham Road, Richmond, TW10 7AB  
• Council reference: 18/0025/EN/BCN  
• Planning Inspectorate reference: APP/L5810/C/24/3339372 

The alleged breach

Planning permission reference 08/4312/FUL was granted by the Council on 29 July 2009 for continuation of planning permission granted on 11 December 2007 (07/1235/FUL), to allow permanent mixed use as garden centre (Class A1) and café/restaurant (Class A3), subject to conditions.  

It appears to us that the following conditions attached to the planning permission have not been complied with:  

• U27543 NS04 (café/restaurant hours of use)
• U27544 NS05 (café/restaurant area)

See original conditions as stated in the 08/4312/FUL decision document.

Why we issued the notice

The café/restaurant operating outside of its permitted hours (in breach of condition NS04 hours of use) and the increase in size of the café/restaurant area beyond that permitted under Approved Drawing Number DP7/2857 (in breach of condition NS05 café/restaurant areas), has led to pedestrian, vehicular and commercial activity which is harming the amenity and living conditions of neighbouring residents and has an urbanising effect detrimental to the character and function of the Metropolitan Open Land (MOL).  

This is contrary to the National Planning Policy Framework (2023), to policy G3 (MOL) of The London Plan (2021), to policies LP8 (Amenity and Living Conditions) and policy LP13 (Green Belt, MOL and Local Green Space) of the adopted Local Plan (2018), and to policies 46 (Amenity and Living Conditions) and 35 (Green Belt, MOL and Local Green Space) of the draft publication version, Reg 19, Local Plan (2023).  

Notwithstanding this, a minor extension of the hours and a small increase in the size of the café/restaurant (described in paragraphs 5(a) and 5(b) of the enforcement notice) despite being of a greater extent than the approved Planning Permission, would be less than currently in operation and would address the harm caused. This would allow for the café/restaurant to continue in an amended form and would protect neighbours amenities and the Metropolitan Open Land. For these reasons the requirements of the notice ‘under-enforces’ the hours and area specified in paragraphs 5(a) and 5(b). 

Notice requirements

The requirements of the notice we served are to:

a) Permanently restrict the sale of food for consumption on or off the premises to the following: Tuesday to Sunday 10am to 5pm, and Bank Holidays 11am to 5pm
b) Permanently restrict the café/restaurant uses areas to within the blue line, as shown on the attached Plan 2

The time period for compliance is two months.

View the enforcement notice

Inquiry details

An Inspector (Daniel Hartley BA (Hons) MTP MBA MRTPI) has been appointed by the Secretary of State to hold a public inquiry to determine Petersham Nurseries' appeal.

View the start letter issued by the Planning Inspectorate

Where and when

The inquiry is due to take place at York House, Richmond Road, Twickenham TW1 3AA on Tuesday 2 July 2024, for four days. 

Documents

View documents relating to the inquiry. Core documents will follow later.

• Appeal form
• Appellant’s Statement of Grounds and Procedure
• Statement of Grounds and Procedures appendices 1-6
• Statement of Grounds and Procedures appendix 7
• Statement of Grounds and Procedures appendix 8
• Statement of Grounds and Procedures appendix 9-10
• Statement of Grounds and Procedures appendix 11
• Statement of Grounds and Procedures appendices 12-13
• Pre-inquiry note
• Notes from case management conference held on 23 April 2024

Attending the inquiry

You may choose to attend the inquiry in person to:

• Just observe (without taking an active part)
• Make a statement to the inquiry, or 
• Make a statement and also ask questions on particular topics

Before deciding to take an active part, think carefully about the points you wish to make. All written submissions from the appeal stage will be taken into account by the Inspector and restating the same points won’t add any additional weight to them. 

If you decide to attend, contact the Planning Inspectorate Case Officer as soon as possible before the inquiry begins, by email or telephone. You should confirm whether you wish to simply observe proceedings, or want to make a statement with or without questions.

• Case Officer: Vanessa Poncia
  
• Email: teame1@planninginspectorate.gov.uk 
• Telephone: 0303 444 5000 

Decision

The outcome of the inquiry will be published on the Planning Inspectorate portal.