Fraud in the Stag Inquiry Process

The Inspector stated at Para 193 of his decision: “Early in the appeal process the existence of fraudulent representations, in the form of letters of support for the proposals, was brought to my attention. I have excluded these from my considerations, and they have had no influence on my decisions.”

It is interesting that the Inspector saw fit to mention this and accepted that there had been fraudulent misrepresentation. Neither the Council nor the developers have seen fit to investigate or offer an explanation as to how these letters found their way onto the Council Planning Portal. Regrettably as a consequence we do not actually know whether anyone who gave evidence was involved in the fraud.

This was full explored in a previous posting on 26 November 2024: see

The only defence was an attack on the whistleblower.

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Stag Brewery Appeal Decision : Conclusions on the Main Issue

  1. In respect of Appeal A, there would be harm to the setting and significance of the Thames Bank buildings and harm to the two BTMs, through their partial loss. There would also be harm to other NDHAs resulting from their partial removal or relocation. The harm to the historic environment would conflict with Local Plan Policies LP 3 and LP 4, ELP Policies 29 and 40, and London Plan Policies D9 and HC1, which together seek to protect heritage assets, amongst other considerations. There would be no harm in respect of Appeal B.

And yet…….

The Inspector’s overall opinion is “in considering the wider design implications throughout the site, I am satisfied that the development meets the requirements of the Local Plan and ELP site allocations. Although the proposed building heights exceed the suggestions of the site allocations and relevant guidance, no harm to character and appearance would result. Overall, the design of the development would be beneficial to the area, and as is befitting of a large development the altered character of the site would provide distinctiveness, while not detracting from that of the existing surrounding areas”.

A highly subjective opinion.

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Stag Brewery Planning Applications Appeal: Inspector’s Decision on Appeal A : Affordable Housing

affordable housing

At para 198 the Inspector finds: “The provision of affordable housing is a benefit. The viability assessments prepared and reviewed by the appellant and Council indicate that the viable position is zero provision, and I agree that this is reasonably accurate, considering my concerns set out in the relevant main issue above. That affordable housing has been provided, in a tenure split that is supported by
the Council, and both this and the provision in favour of larger units for family accommodation would target the greatest areas of need within the borough and would help to address a current supply shortfall. The proposed approach would contribute to the Framework’s objective of creating mixed and balanced
communities. Additionally, a higher future provision of affordable housing might be possible given the comprehensive review mechanisms set within the planning agreement. I allocate substantial beneficial weighting to affordable housing considerations.”

Herein are perhaps the most extraordinary findings. To find that 7.5% of the residential units can be a substantial benefit, that is approximately 65 units in a development of 1200, will not find favour with the local community. To assert that a higher future provision might be possible is highly debatable. You will search long and hard to find a development where affordable housing has been increased AFTER the initial permission.

What is far more likely, but wholly unrecognised, is that units will be sold to foreign investors or remain empty, as have the development at Teddington Riverside.

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Stag Brewery Appeal : Musings on Findings on traffic, transport and the level crossing

“c): Transport

  1. Transport concerns are focused on trip generation, proposed improvements
    and their effects on traffic and parking, and the safety of the Sheen Lane
    railway level crossing, together with other considerations, which are
    considered in turn below.
    Trip generation
  2. ………………………
  3. ………………………..Nonetheless, MBCG’s reading ………….has resulted in a
    higher number of potential trips generated by the school and raises concerns about …… [the] likelihood of AM peak arrivals within the model’s outcome.
  4. In response, the appellant points out that MBCG’s …. analysis fails to
    provide appropriate supporting evidence for the alternative figures. Whilst I
    acknowledge that the appellant’s figures do have some shortcomings, the
    model’s outcome is generally well referenced, and I am able to trace its
    predictions from the large amount of underlying evidence. I cannot do the
    same with the MBCG’s evidence. In particular, the dearth of identification of
    ……… supporting evidence for the alternative peak hour generation leads me to give preference to the appellant’s modelling.
  5. …………………….
    Road traffic and parking
  6. The closure of Hammersmith Bridge has had an impact on traffic patterns and
    there is a low likelihood of it reopening to private motorised traffic in the short
    to medium term. Mortlake is relatively constrained by barriers including the
    railway and river, with their limited crossing points. Existing road traffic is, in
    effect, funnelled along routes such as Mortlake High Street and Lower
    Richmond Road. Given the constraints, there is limited scope for mitigation of
    existing congestion and any development of the site is likely to result in some
    degree of increased demand for road space.
  7. The TA indicates that there will be some increases in traffic volumes in local
    roads resulting from the proposed development. The appellant considers that
    Hammersmith Bridge’s closure would dissuade drivers from using Mortlake as
    a diversionary route and that this may also lead to future occupiers of the site
    looking to modes other than private cars for their travel. Road speeds along
    Lower Richmond Road are slow for much of the day, and I observed periods
    where the lowering of the Sheen Lane level crossing barriers resulted in
    stationary traffic for periods of around ten to fifteen minutes, although
    congestion cleared quickly upon opening of the crossing. My observations are
    consistent with the findings of the TA, which takes account of the current
    conditions and proposes mitigation for future traffic increases.
  8. Alterations are proposed for Chalker’s Corner, which would include a turning
    lane from Lower Richmond Road and result in a capacity increase for vehicles
    using this junction. Although this proposal is intended to mitigate potential
    changes to bus journey times, the Inquiry heard that the capacity increase
    could encourage additional traffic, and I agree that this could indeed occur.
    Nonetheless I accept that the early phasing of the improvements would allow
    TfL to alter the phasing of the traffic lights as changes in traffic volumes are
    monitored during the construction and subsequent operation of the
    developments. I am not convinced by the appellant’s view that any capacity
    changes could be imperceptible to drivers, although I agree that the proposed
    TfL action would be sufficient to avoid ‘gridlock’ occurring across a wide part
    of the network.
  9. An additional road lane would also be provided on the eastbound Lower
    Richmond Road approach to Mortlake Roundabout. This is necessary to enable
    the passage of traffic to Mortlake High Street past traffic queueing to turn
    onto Sheen Lane.
  10. Proposed on-site parking levels are consistent with development plan policies.
    Any future impact on on-street parking around the site could be mitigated by
    the proposed expansion of controlled parking zones.
  11. Level crossing impact and accident risk
  1. The Sheen Lane level crossing would have a significantly greater number of
    users than at present. MBCG’s arguments that volumes will be exacerbated by
    school users choosing alternatives to the Kingsway footbridge and those
    seeking to access bus routes south of the railway are logical and I consider
    them to be valid. Train timings, and therefore the amount of time that the
    barriers are down, are not affected by the proposals and will remain as at
    present.
  2. The existing personal injury accident rate at the level crossing is low and
    there is no evidence that relatively recent changes within the area, such as
    the establishment of Thomson House School, have changed the rate. Network
    Rail’s recent Narrative Risk Assessment of the level crossing found no major
    risks from everyday use (discounting deliberate misuse) of the crossing, and
    took account of the potential development of the appeals site.
  3. The proposed number of level crossing trips shown in the TA for the proposed
    development is less than proposed within the GLA scheme, which did not raise
    major objections from statutory consultees on impact on the level crossing or
    the safety of users. The appellant has discussed the current proposals in detail
    with Network Rail, which has no concerns that would prevent development.
    The evidence suggests that even if there were to be more users than
    predicted in the TA, that with mitigation there would be sufficient capacity at
    the level crossing and that this would not necessarily result in significantly
    greater risk.
  4. The level crossing is adjacent to an overbridge that enables pedestrian
    crossing of the railway while the barriers are lowered. Given the existing
    pedestrian congestion levels and low accident rates, the layout appears to
    work well. Mitigation for additional trips through the crossing would include
    space for pedestrians and cyclists to wait while the barriers are down,
    together with other minor improvements, and these are appropriate to avoid a
    significant increase in future risk. I consider that these considerations address
    the concerns raised by the MBCG’s evidence.”

Comments

Traffic, transport, public safety and the use of the level crossing were always weak areas for the appellants and the Council. The Inspector has obviously recognised this too but probably considered that overall it was not a justification for dismissing the appeals. Thus he has downplayed their impact and his findings are unsatisfactory.

In spite of his findings at paras 96 and 103 above the Inspector has thrown a bone to the MBCG by accepting their argument that there will be more users but failed to give adequate weight to the consequences. There is no adequate evidence of the quantum of the problem.

Mitigation of the consequences : there is no adequate explanation of how that might happen.

He has accepted the highly superficial (and old) TfL Narrative Risk Assessment.

The amount of time the barriers are down : the same but no mention of the impact of increase in users.

Use of the overbridge – there is no recognition of the problems of disability users or those with buggies.

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Stag Brewery Planning Applications Appeal: Inspector’s Decision on Appeal B the School

Key findings

  1. The local secondary school system is presently operating near full capacity,
    with a significant increase in students in recent years. Existing secondary
    schools in the east of the borough are ‘over-offering’ places, operating beyond
    their design capacities and reflecting a rate of demand that outstrips supply.
  2. Existing bulge classes at Christ’s School (and potentially in the future at
    Richmond Park Academy) accommodate additional pupils and enable
    operation above capacity but are not suitable as a permanent solution due to
    pressure on the school’s limited space. Space and funding constraints do not
    allow for sufficient growth to accommodate the number of pupils forecast by
    the Council, and the numbers of students applying for secondary schools in
    the borough have been rising for several years. The SCCS states that in 2023,
    the number of unplaced children in the east of the borough together with the
    above-capacity offers of existing schools would have been sufficient to fill a
    180-place year 7 intake at a new school.
  3. Schools within the borough are of a high standard and well regarded, which
    creates demand from outside the borough and is a contributor to
    oversubscription, as is the proximity of some to neighbouring boroughs, which
    increases their attractiveness to out-of-borough pupils. Nearby out-of
    borough schools are also in high demand, which is reflected in the low number
    of successful applications by pupils living in Richmond upon Thames.
    Increasing numbers of students on waiting lists without offers on National
    Offer Day, and using the Fair Access Panel, provide further confirmation of
    high demand.
  4. Grey Court School and Richmond Park Academy have both opened sixth forms
    within the past decade. These are successful and they continue to grow.62 The
    SDDS recognises that they would be able to continue to build their numbers
    and resilience to potential competition from a new sixth form on the appeal
    site, for which demand would also take time to become established, and
    whose composition would most likely eventually be predominantly drawn from
    its own year 11.
  1. Nonetheless, I acknowledge the parties’ concerns that overprovision in school
    places would have the potential to destabilise existing schools, including those
    outside the borough. Standing costs for schools would remain unchanged and
    viability of some of the existing surrounding schools is marginal, even with
    current demand.

The statement in para 148 is not consistent with the preceding paras. Nowhere is there a mention of falling birth rates.

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A Joyful Start to the Week

The Knights and Ladies of Marshall gather at his grave in St. Mary Magdalen’s Graveyard yesterday to commemorate his inspiration.

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East Sheen April 2025 Crime Figures

THEFT FROM MOTOR VEHICLE– 3 offences:

  • Sunday 27th April – Palmerston Road – Steering Lock on electric bike broken and batteries stolen broken.
  • Sunday 27th April – Coval Gardens – Golf clubs stolen from vehicle entry unknown.
  • Tuesday 29th April – Fife Road – Tools stolen from van.

THEFT OF MOTOR VEHICLE – 6 Offences:

  • Thursday 3rd April – Observatory Road – Porsche Macan stolen keyless theft.  
  • Saturday 5th April – Gilpin Avenue – Porsche Macan stolen keyless theft.
  • Sunday 6th April – Elm Road – BMW Motor Cycle stolen later recovered.
  • Thursday 17th April – Derby Road – Range Rover Discovery sport stolen keyless theft.
  • Thursday 24th April – Vicarage Road – Mercedes GLS stolen keyless theft.
  • Sunday 27th April – Temple Sheen Road – Electric Motorcycle stolen later recovered.

Theft of Cycle – Offences     

  • Friday 18th April – Upper Richmond Road West (Pure Gym) – Locked Cycle stolen.

NEXT POLICE LIAISON GROUP (PLG) MEETING: 15th May 2025 at 1900 hours – East Sheen Baptist Church

Neighbourhood Watch (NHW)                 Andy Lindesay   Stonehillnwatch@gmail.com

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Wimbledon Tennis Expansion

The All England Lawn Tennis Club plans for expansion of the site at Wimbledon are now the subject of proceedings in the High Court, listed for hearing on 8 and 9 July 2025. This will involve a judicial review of the decision of the Deputy Mayor to approve the development of the site. The Court will also be asked to give a declaratory judgment on the implications of the statutory public recreation trust and the restrictive covenants on the land.

The eventual AELTC plan is to move the Wimbledon Qualifying Tournament from Roehampton to the new site but they now expect to extend the existing lease to 2036.

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More spectacular Sheen wisteria

Chinese or Japanese?

Better to count the flowers than try to read the 166 page Stag Brewery judgment.

David and Nick

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Stag Brewery Planning Applications

The main part of the decision is contained in pages 1 to 44.

https://acp.planninginspectorate.gov.uk/ViewDocument.aspx?fileid=62142740

Appeal Decisions APP/L5810/W/24/3339060 and APP/L5810/W/24/3339062

Appeal A is allowed and planning permission is granted for:
1) Demolition of existing buildings (except the Maltings and the façade of the
Bottling Plant and former Hotel), walls, associated structures, site
clearance and groundworks, to allow for the comprehensive phased
redevelopment of the site;
2) Detailed application for the works to the east side of Ship Lane which
comprise:
a) alterations and extensions to existing buildings and erection of buildings
varying in height from 3 to 9 storeys plus a basement of one to two
storeys below ground to allow for residential apartments; flexible use
floorspace for retail, financial and professional services, café/restaurant
and drinking establishment uses, offices, non-residential institutions
and community use and boathouse; hotel/public house with
accommodation; cinema and offices;
b) new pedestrian, vehicle and cycle accesses and internal routes, and
associated highway works;
c) provision of on-site cycle, vehicle and servicing parking at surface and
basement level;
d) provision of public open space, amenity and play space and
landscaping;
e) flood defence and towpath works;
f) installation of plant and energy equipment;
3) Outline application, with all matters reserved for works to the west of Ship
Lane which comprise:
a) the erection of a single storey basement and buildings varying in height
between 2 to 8 storeys;
b) residential development;
c) provision of on-site cycle, vehicle and servicing parking;
d) provision of public open space, amenity and play space and
landscaping;
e) new pedestrian, vehicle and cycle access and internal routes, and
associated highways works at The Former Stag Brewery, London, SW14 7ET in accordance with the terms of the application, Ref 22/0900/OUT, subject to the conditions set out in Annexes.


Appeal B is allowed and planning permission is granted for the erection of a
three-storey building to provide a new secondary school with sixth form;
sports pitch with floodlighting, external MUGA and play space; and associated
external works including landscaping, car and cycle parking, new access
routes and other associated works at The Former Stag Brewery, London.

Reasons and Comments to follow.

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