Bid to Made to Avoid Albany Riverside Permission Lapsing |
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Developer claims work to Watermans building roof means project has begun
May 27, 2026 The developer behind the long-delayed Albany Riverside scheme at 40 High Street is seeking to keep the project alive by seeking confirmation from the council that the project has effectively started. This is to avoid the existing permission timing out which would necessitate starting from square one in the planning process. The application, P/2026/1296, for Certificate of Lawfulness does not propose any new development but instead asks Hounslow Council to certify that the works carried out under the original 2017 permission were sufficient to keep that permission alive. The application, made on behalf of Bluescape Ltd, a company associated with The Topland Group, argues that changes made to the roof of the existing buildings across the Watermans and Max Factor site are sufficient to confirm that work is ongoing on the project. The luxury housing planned for this location is tied to the redevelopment of the Half Acre site, where the council and its partners have proposed a new Brentford Arts Centre to replace the Watermans building. Proceeds from the Albany Riverside development are expected to provide part of the funding for the new cultural venue and affordable housing at the former police station site.. Although the arts centre has been delayed by rising construction costs and the need to finalise its design and business case, the most recent updates from the Council indicate that preparatory work is continuing and that a revised programme is expected later this year. Progress on Albany Riverside is therefore seen as an important step in unlocking the Half Acre project and maintaining momentum behind Brentford’s cultural regeneration. This type of application is often submitted when a major scheme has been approved but has not progressed to full construction within the time limits attached to the original permission. For a complex project such as Albany Riverside, where progress has been slowed by land ownership issues, market conditions and the wider redevelopment of Brentford High Street, demonstrating that a lawful start was made is essential. If the developer can show that material operations took place before the deadline—such as demolition, groundworks or other legally recognised commencement activities—the permission remains valid indefinitely. If the certificate is granted, the developer retains the right to build the scheme as approved in 2017, subject only to any later variations they may choose to submit. The Council cannot revisit the merits of the design, height, massing or other planning considerations at this stage, because a Certificate of Lawfulness is a legal judgement rather than a discretionary planning decision. It simply confirms whether the permission is still extant. A positive decision would therefore remove a major procedural obstacle and could allow the developer to move forward after years of inactivity on the site.
If the certificate were refused, the developer might need to submit a completely new planning application, reopening debates about the scale and character of the scheme and potentially leading to a redesigned proposal. Given the changes in planning policy, design expectations and local priorities since 2017, there is no guarantee that a new application would be approved in the same form. Although the Council invites comments from residents, only issues relevant to whether the development was lawfully commenced can be taken into account. Matters such as traffic, design, overshadowing or the wider impact of the scheme cannot be reconsidered through this process. The timing of this application is likely to indicate that, although the intention remains to proceed, there is little likelihood of work starting in earnest in the near future.
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