‘If forced to stop operating, who knows? Deliveroo might decide to cut their losses and move on’

• DELIVEROO’S future in Swiss Cottage was not, it turns out, decided on April 7 when councillors voted to refuse Deliveroo permission to remain on site.

Officers warned residents that refusal did not mean Deliveroo would have to stop operating immediately but that they had to be allowed to continue operating while they exhausted the normal planning procedures that follow a decision. But this is not a “normal” planning application and normal planning procedures should not apply.

What it is is a postponed decision on a trial period that was supposed to take place two-and-a-half years ago following the inspectorate’s decision on Deliveroo’s appeal against Camden’s enforcement notice to vacate the site: “The use hereby permitted [with the Conditions] shall be for a limited period being the period of 14 months from the date of this decision. This use hereby permitted shall CEASE on or before that date.” [Decision:17.09.2019: 119. 1)]

And the fact that decision was postponed for a further 18 months does not alter the fact that the business of the April 7 meeting was to decide whether Deliveroo had complied with conditions that would mitigate the harm they inflict on the local community: and that if they had not, they had to shut down immediately.

When officers were asked to provide the legal basis for their opinion that Deliveroo could carry on operating until their appeals were over, no legal justification was forthcoming; but the following remarkable admission: “Deliveroo do not have valid planning permission… their temporary permission to remain expired long ago… [it is] correct that the Inspector’s condition required them to cease the use on or before that date … Deliveroo are in breach of that condition and unauthorised.”

Planning officers are meeting legal officers this week to consider what steps if any, can be taken to shut down Deliveroo immediately and whether or not Deliveroo should be allowed to invoke normal planning procedures (in effect, appeal their appeal).

At the very least, the council must surely insist that Deliveroo cease operating forthwith. If forced to stop operating, who knows? Deliveroo might decide to cut their losses and move on; a win not just for residents but for the council who would thereby get what they’ve always wanted: no appeal from Deliveroo. Sounds good.

EDIE RAFF
Chair of Local Residents’ Group & Cresta House Residents’ Association