Mast Quay developers Comer Homes Group ordered to pay council £7.82 million by government planning inspector and take down its cladding

Comer Homes Group’s Mast Quay Phase II remains a poor quality development which falls significantly short of the high standards expected for new developments within the Royal Borough of Greenwich. However, as the Planning Inspectorate is granting retrospective planning permission to Comer Homes Group’s Mast Quay Phase II, it is also compelling Comer Homes Group to:
- pay the Royal Borough of Greenwich £7.8million; including
- £4.4million for affordable housing in other areas of the borough, £318,970 carbon offsetting payment and £3.4million for improvements in the local area; and
- provide a children’s play area, make the development accessible to people in wheelchairs, as well as removing the intrusive orange cladding
....and they have 36 months to carry this out, otherwise the enforcement notice that was upheld at appeal takes effect requiring total demolition.
This forms a huge package of planning obligations and funding offsets some of the harm that Mast Quay Phase II has caused.
The Royal Borough of Greenwich stands by the decision it took to serve a planning enforcement notice last September against Comer Homes Group, the property developer responsible for the Mast Quay Phase II development, on the River Thames in Woolwich. It is disappointing that the Inspector was not satisfied it constituted ‘intentional’ unauthorised development, but, during the appeal Comer Homes Group accepted it had built unlawfully as it had deviated so significantly from the approved planning permission given to the site’s original owners in 2012.
The Council is also relieved that the Inspector’s decision imposes strict planning conditions to improve the standard of the development. If Comer Homes Group fails to comply with the Inspector’s conditions within the established timeframes, then enforcement notice shall be required within 36 months of the date of failure, which will require total demolition. We will be monitoring compliance closely.
Council Leader Councillor Anthony Okereke, Royal Borough of Greenwich, said:
“We love our borough, and we have little sympathy for multi-millionaire property developers who don’t think the English planning rules apply to them, or that they can build what they feel like in Greenwich.
“You don’t get to use the housing crisis to justify shoddy development because delivering what was originally given planning consent would have inconveniently cost you more money and reduced your profit.
“I do, however, empathise with the uncertainty residents of Mast Quay Phase II have experienced. We warned Comer Homes Group not to rent the flats until we completed our investigation, but it ignored our request and did so anyway.
“Everyone in our borough deserves access to a safe and secure home that meets their needs. New development can be high quality and deliver sufficient levels of affordable housing: Comer Homes Group’s Mast Quay Phase II did neither. The Inspector’s decision means that Comer Homes Group will at least have to pay the Council a total of £7.82m to offset Mast Quay Phase II’s impact on the local area, provide affordable housing, and improve the look and safety of the building. These are real improvements that have only been won from taking tough action. If action had not been taken, we would not have secured any of this mitigation, funding or the conditions that require changes to be made.
“The right thing to do is not usually the easy thing to do. We shouldn’t ever have to use taxpayer’s money taking legal action against Comer Homes Group but the Planning Inspector has ruled the developer must now repay some of our costs. We will not standby and allow poor quality and unlawful development anywhere in our borough and we are not afraid of taking difficult decisions when we believe it’s the right thing to do.”
Councillor Majid Rahman, Cabinet Member for Planning, Estate Renewal and Development, Royal Borough of Greenwich, said:
“Mast Quay Phase II, even with some external alterations, will remain a poor quality development that resembles stacked shipping containers and blights the landscape, local conservation area and protected views. It is simply not acceptable for Woolwich. When Comer Homes Group bought the site, it had the potential to deliver hundreds of beautiful riverside apartments in an exciting area of London with a rich maritime past.
“High quality, beautiful and sustainable buildings and places are fundamental to what the planning and development process should achieve. Good design is a key aspect of sustainable development, creating better places in which to live and work. As a borough we work with many responsible property developers who deliver schemes that we can be proud of, and we will always work with responsible developers to unlock sites and deliver the new homes that our borough needs.
“If a scheme matching what has been built at Mast Quay Phase II was submitted for planning permission today, it would be refused, and that is why we could not let what the Comer Homes Group had delivered at Mast Quay Phase II go unchallenged.”
Councillor Rachel Taggart-Ryan, Cabinet Member for Community Safety and Enforcement, Royal Borough of Greenwich, said:
“The planning system would be less ‘beleaguered’ if it wasn’t taken advantage of by those seeking to play the system for their own bottom line at the expense of ordinary people and responsible developers who do the right thing.
“We took the unprecedented step of taking enforcement action against Comer Homes Group’s Mast Quay Phase II development because of the magnitude of the number of significant deviations that we have discovered from what was approved by the original planning permission following a complex, lengthy and detailed investigation, including complaints from local residents.
“Yes, fire safety regulations have changed since 2012 but Comer Homes Group had plenty of opportunities to apply for planning permission to vary what it had permission to build before it carried out the work, instead of applying after it had already done it. For example, since starting work on site in 2015, before the planning permission expired, it had many years to engage with us regarding the amendments it claimed were necessary, due to changes in building regulations, yet there was no contact or application made, and an attempt was only made retrospectively as a consequence of the enforcement investigation.
“Thanks to our tough action we’re pleased the Inspector is forcing Comer Homes Group to make a huge number of modifications so that children will have a place to play, flats will be accessible for wheelchair users and the outside area will no longer be dominated by tarmac and cars instead of trees, grass and plants.
“It will be regrettable if Comer Homes Group fails to comply with the Inspector’s ruling as we will not hesitate to reactivate the enforcement notice requiring total demolition. All eyes are now on Comer Homes Group to make visible and real improvements.”
Frequently asked questions
Who built Mast Quay?
Registered office address: Harold Benjamin Solicitors Fourth Floor, Hygeia House, 66 College Road, Harrow, United Kingdom, HA1 1BE
Where is Mast Quay?
Mast Quay Phase II, Woolwich Church Street Woolwich, London SE18.
Where is the Planning Inspectorate’s decision published?
https://acp.planninginspectorate.gov.uk /REF: APP/E5330/C/23/3332209
What is Section 106?
Planning Obligations (commonly referred to as ‘Section 106’ or ‘S106’ obligations after Section 106 of the Planning Act) are attached to the land, binding it and whoever owns it. Also referred to as planning obligations, S106 agreements may provide for financial contributions to be made by the developer to compensate for any loss or damage caused by the development, or to mitigate a development's wider impact.
As the Planning Inspectorate has granted Comer Homes Group retrospective planning permission, what is the section 106 agreement?
The Planning Inspectorate’s decision to grant planning permission has led to the Developer entering into a Section 106 legal agreement with the Council to secure additional mitigation measures. As a result, we’ve been awarded £7.82 million in s106 and Community Infrastructure Levy (CIL), split between £4.4 million towards affordable housing within the borough, £2,340,000 in CIL payment, a £318, 970 Carbon Offsetting payment and a further £769,540 towards infrastructure and other improvements. A full list of relevant obligations and financial contributions secured through this agreement are detailed below.
Financial contributions to be made by Comer Homes Group to offset the impact of Mast Quay Phase II development:
£4.4 million for new affordable housing
£2.375 million Community Infrastructure Levy payment
£76,500 towards Cycleway 4 Extension
£160,000 towards a new pedestrian crossing on Woolwich Church Street (A206)
£6,500 for adult cycle training
£80,000 towards a new zebra crossing over the Woolwich Ferry Approach
£162,512 towards open space improvements and maintenance
£318, 970 carbon offsetting payment
Up to £80,000 for the expansion of parking controls on the surrounding road network, if supported by residents
£204,000 towards Greenwich Local Labour and Business, towards supporting training and employment for residents.
Non-financial contributions to be made by Comer Homes Group to address the harm caused by Mast Quay Phase II development and to mitigate its wider impact:
Twenty-eight of the homes within Mast Quay Phase II, 13.7%, must be made affordable housing permanently (London Living Rent levels and general Discount Market Rent levels). Three of these affordable homes to be wheelchair accessible.
10% of all homes within Mast Quay Phase II to be wheelchair accessible/adaptable.
All residential homes within Mast Quay Phase II must remain as rental only (known as Build to Rent) for at least 15 years, with a clawback mechanism in place to ensure there is no financial incentive for the Comer Homes Group to break the covenant before then.
Longer tenancies (three years or more) to be available to all tenants, with break clauses for tenants which allow the tenancy to be terminated with a month’s notice any time after the first six months.
Rent and service charge certainty for the period of the tenancy, which must be made clear to the tenant before a tenancy agreement is signed, including any annual increases which are to be formula-linked.
No up-front fees of any kind to tenants or prospective tenants, other than deposits and rent-in advance.
Submission of a Build to Rent management plan for all residential homes.
Submission of an affordable housing lettings plan for the affordable homes.
A revised Energy Strategy which sets out all existing energy saving measures, and which explores further potential on-site carbon savings to make the buildings as energy efficient as possible.
Monitoring of the installed energy systems within the communal and commercial areas of the development, together with a requirement for an additional carbon offsetting contribution to be paid if the actual carbon savings achieved are less than expected.
Two on-site car club spaces for use by residents within the development and the wider community. Five years' free membership for all residents within the development.
Increased cycle parking.
The development will be made car-free so residents cannot apply for on street parking permits. Parking for disabled users will be provided on-site.
Securing of a permanent right of public access to the Thames Path and cycleway route.
Architect to oversee improvements for the lifetime of the development until completion of any additional work permitted by the planning permission.
Taking part in Greenwich Local Labour and Business (GLLaB) and Considerate Constructors Code
What are planning conditions?
Conditions are imposed on the grant of planning permission and require the developer to do certain things so as to make the development acceptable in planning terms. When used properly conditions can enhance the quality of development and enable development to proceed where it would otherwise have been necessary to refuse planning permission, by mitigating the adverse effects.
Improvements to Comer Homes Group’s Mast Quay Phase II secured by the Royal Borough of Greenwich via planning conditions:
The look of the buildings: Remove visually intrusive orange cladding and improve the external appearance of the buildings.
Landscaping: remove the surface level car park and create a landscaped garden area at ground level.
Making space for children: build new children’s play areas.
Make the development wheelchair accessible: 90 per cent of homes to be designed to meet accessible and adaptable building regulations standard (M4(2)).
Make the development wheelchair accessible: all areas of public space and other communal areas of the development to be wheelchair accessible (building regulation standard (M4(3)).
Make the development wheelchair accessible: residential homes that are wheelchair accessible must be marketed at people who use wheelchairs for at least a month when they come on to the market.
Fire safety: fire safety standards must be met, including an additional fire safety lift serving the affordable housing block and changes to the internal layouts and fire escape routes.
Land contamination: evidence that steps have been taken to reduce and minimise the risks posed by previous land contamination.
Providing two additional roof terraces: the originally approved residential roof terraces on the 6th and 9th floors to be reinstated.
Accessibility and greener transport: installing underground car parking space for Blue Badge holders, together with surface level car club spaces and residential delivery zone.
Overheating: measures to mitigate overheating within residential homes.
River walls: monitoring and maintenance of the intertidal zone an important ecological habitat which also provides structural support for the river wall.
Commercial space: creation of new self-contained commercial unit within Block D.
Commercial space: ventilation and filtration strategies for any commercial uses involving preparation of hot food on-site (Use Class E(b)).
Commercial space: conversion of the non-accessible residential gym within Block E to commercial floorspace in order to maximise employment generation on the site.
Sound insulation: a strategy for the commercial properties to protect residents’ quality of life.
Sound quality: noise from any new on-site plant must be within specified limits to protect residents’ quality of life.
Safety and security: improved safety features around the site and compliance with the Metropolitan Police’s Secured by Design standards.
Greener transport: installation of electric vehicle charging points.
Greener transport: significant increase in parking for bikes.
Greener transport: construction, commercial and residential travel plans to reduce the number of car journeys made in the borough and encourage more people to walk, cycle or use public transport as well as reducing traffic and pollution.
Ecological improvements: to the existing intertidal zone habitat.
Updated and improved Energy Strategy
What is Community Infrastructure Levy (CIL)?
The Community Infrastructure Levy (the ‘levy’) is a charge which can be levied by local authorities on new development in their area. It is an important tool for local authorities to use to help them deliver the infrastructure needed to support development in their area.
The CIL payment agreed by the Planning Inspectorate is estimated by the Planning Inspector at £2.34 million.
Now the decision has been received the CIL payment is due immediately and is required on the whole development. Once the figure is reviewed and checked a CIL liability notice will be issued.
What happens next? Can the Council appeal the Inspectorate’s decision?
There is no right of appeal to the Planning Inspectorate’s decision, however, either party can challenge the decision by asking the courts for a statutory review of the decision, for example if they think it is procedurally incorrect. It is important to note that a statutory review is not a re-run of the merits of the case but a challenge on the way the decision was made.
Where did the Inquiry take place?
It was held at The Gallery, 7th Floor, The Woolwich Centre, 35 Wellington Street, Woolwich, London, SE18 6HQ.
When did the Inquiry take place?
The Public Inquiry began on Tuesday 23 July 2024 at 10am.
The dates of the hearing were:
Tuesday 23 July to Friday 26 July
Tuesday 30 July to Friday 2 August
Tuesday 13 August to Thursday 15 August
Tuesday 27 August to Friday 30 August
What is the Planning Inspectorate Reference?
APP/E5330/C/23/3332209
Where can I view the inquiry documents?
The closing statements are available to view online www.royalgreenwich.gov.uk/mast-quayinquiry (in the folder CD14 – Inquiry documents).
How did you keep residents updated?
After we served the notice to the Comer Homes Group, we held a meeting with residents offering advice and information, and published information on our website. We’ve kept residents informed about the inquiry and how they could take part in the process.
Why did an Inquiry take place?
Comer Homes Group appealed the Council’s planning enforcement notice and this led to a public inquiry being held by the Planning Inspector at the Council’s offices, which commenced on 23 July 2024.
How much has legal action against Comer Homes Group cost council taxpayers in the borough?
The right thing to do is not usually the easy thing to do. We shouldn’t ever have to use taxpayer’s money taking enforcement action against Comer Homes Group but the Planning Inspector has ruled the developer must now repay some of our costs. We will not stand by and allow poor quality and unlawful development anywhere in our borough and we are not afraid of taking difficult decisions when we believe it’s the right thing to do.
When did Mast Quay receive planning permission?
Mast Quay received planning permission in 2012. The original application was made by Mast Quay Developments Ltd but the developer went into administration upon completion of phase one. The Comer Homes Group bought phase two of Mast Quay and could implement the planning permission as it runs with the land.
How many apartments comprise the two towers at Mast Quay?
There are 204 apartments in total that the Council’s planning enforcement notice related to...
Block D ‘Sky Sail House’ is 15 storeys and has 67 apartments
Block E ‘Main Sail House’ is 23 storeys and has 109 apartments
Block E ‘MoonSail House’ is 11, 9 and 6 storeys and has 28 apartments
The Council's planning enforcement notice does not apply to Phase I the three existing lower rise towers: Lower Mast House, Jigger Mast House and Mizzen Mast House that were substantially completed in 2007.
Did changes in fire safety regulations after the Grenfell Fire Tower fire mean that Comer Homes Group had to make changes to what it had originally been given planning permission by the Council to build?
The relevant fire safety changes came into effect in October 2023 and April 2024 for larger buildings. Comer Homes Group finished Mast Quay Phase II in February 2023. If Comer Homes Group had concerns it had months to ask for pre-application advice or submit a planning application. Like every other developer, it should have asked for permission before making any changes. Comer Homes Group did not.
How far did Comer Homes Group deviate from the original planning permission?
The Council accepted at the Inquiry there were 11 material deviations, not the original 26 that were originally stated as it included some duplications.
Visible design changes to the external appearance of the towers – the final towers look more solid and bulky because of the removal of the stepped back top floor and the glazed curtain wall façade to Block E that would have given the appearance of a sail. There are also differences to building footprints, materials, design, windows, glazing, and balconies.
Reducing the shared space for residents and not providing a children’s play area.
Changes to some flats that make them inaccessible to people what use wheelchairs.
A reduction of the amount of commercial floorspace for offices, shops and cafes at ground-level in Block D.
Provision of a residents’ gym in Block E in place of the approved commercial floorspace which is also not accessible to anyone who uses a wheelchair.
Failure to provide enough underground parking so that car parking dominates at ground level replacing what should have been a landscaped garden area with trees and plants and less car parking overall that could place pressure on street parking.
Not providing roof gardens for residents and the public, a smaller footbridge to Woolwich Church Street and changes to the landscaped area around Thames Tidal Inlet to north-west corner of the site that negatively impacts wildlife and the public realm.
Stepped access to balconies within some homes, all communal roof terraces and between main areas of public realm so they are unusable to anyone who uses a wheelchair.
Changes to stair cores and location of substation with associated impact on internal layouts.
Changes to internal layouts of some units and introduction of structural pillars in some units.
A reduced amount of daylight due to the cumulative deviations.
What is a planning enforcement notice?
Enforcement notices are legal documents. They state when action needs to be taken to remedy a breach of planning control. They are issued where development has taken place without the correct planning permission or outside what was allowed by any planning permission that was given.
When did the Comer Homes Group receive the enforcement notice?
Monday 25 September 2023.
Did anyone else receive the enforcement notice?
Anyone with a legal interest in the land received a copy of the enforcement notice.
Who made the decision to serve the Comer Homes Group with the planning enforcement notice?
The Royal Borough of Greenwich, as the Local Planning Authority who is responsible, served the Comer Homes Group and others with an interest in the land with a planning enforcement notice.
Have you ever issued a planning enforcement notice before?
Yes, but not on this scale.
Was the construction work monitored during the construction?
In line with normal Building Control processes, inspections and assessments were carried out during construction, by an inspector appointed by Comer Homes Group. These processes check whether the development is in line with building regulations and safety of buildings. Building Control regulates different issues to Planning; Building Control is not responsible for flagging infringements on planning permission.
A completion certificate for the common parts, shared areas and amenities, was issued in November 2024 once the Royal Borough of Greenwich had received all the paperwork from Comer Homes Group. Now that the Inspector’s decision has been received the Council is reviewing the residential units to see if completion certificates can be issued for each flat.
How many business units were affected when the planning enforcement notice was served?
Only one business unit is affected as the building developer, the Comer Homes Group, did not deliver all the commercial space that was specified in the original planningpermission. The Comer Homes Group has, however, provided a residents’ gym in place of the approved commercial floorspace.
Who lives in Mast Quay Phase 11?
We understand that this has been an unsettling time for the tenants of Mast Quay Phase II. The Comer Homes Group rent the apartments in Mast Quay via Fincraft Ltd a subsidiary of the Comer Homes Group. If Comer Homes Group fails to comply with the Inspector’s conditions, then the Council will not hesitate to enforce the enforcement notice requiring total demolition.
All the existing tenants would need to find alternative accommodation. The Inspector concluded that three years would be required n and their rights under the Landlord and Tenant Act will not be affected.
How do you know there are no vulnerable tenants living in Mast Quay?
When the Council undertook its investigation, it did not identify any vulnerable people living in the development (there were no tenants in receipt of disabled person discount for example).
The Comer Homes Group continued to market and rent the flats after receiving the enforcement notice so it may have changed.
How is the Council going to support the Comer Homes Group’s tenants?
The Council advised the Comer Homes Group not to rent out apartments at Mast Quay Phase II while it completed its investigation, unfortunately the Comer Homes Group ignored its request.
After the Council served the enforcement notice it reached out to all the tenants to meet them and explain what the planning enforcement notice meant for them. However, the Comer Homes Group in its role as a private landlord is responsible for looking after the welfare of its own tenants. These organisations may be of assistance for the tenants affected:
Greenwich Citizens Advice Bureau
Old Town Hall Polytechnic Street Woolwich SE18 6PN
Telephone: 0208 8539 499
Greenwich Housing Rights & Plumstead Community Law Centre
36 Wellington Street Woolwich SE18 6PF
Telephone: 0208 8548 848
Planning Aid for London
A registered charity and a free planning advice service for Londoners.
Telephone: 030 0772 9808 (9.30am to 5.30 pm on Monday to Friday for free advice)
Who should the Comer Homes Group’s tenants contact with concerns?
If the Comer Homes Group’s tenants have any questions or concerns about the Council’s enforcement notice they can contact:
Planning-enforcement@royalgreenwich.gov.uk
0202 8921 5559
If the tenants have any questions about tenancy issues, they should contact their landlord the Comer Homes Group.
How will people who bought apartments get their money back?
None of the Mast Quay apartments have been sold. They have been rented out privately by the Comer Homes Group via its subsidiary Fincraft Ltd.