Issue - meetings

(Report to follow)

LAWFUL DEVELOPMENT CERTIFICATE GRANTED

Description of application – The use of the "Y" Buildings as offices for the carrying out of administrative functions (Use Class E(g)(i)). LAWFUL DEVELOPMENT CERTIFICATE (EXISTING).

Oral representations in support of the application were received from the agent engaged by the applicant. Their opinion was that the Y Blocks were a separate unit of occupation. Physically the Y blocks were not attached to other buildings in the Civic Centre, had their own toilets and kitchen facilities and functionally were separately occupied by specific Council departments. Although the officer’s report recommended refusal in paragraph 7.14 the officers did concede it is possible to conclude that the Y buildings were used separately from the remainder of the site. The functions carried on in the Y buildings with desks, computer cabling and notices, meeting rooms, server rooms and printing and bundling meant that the use was a Class E office use.

The Assistant Director, Planning reported that further objections, including one from Bromley Civic Society, and a letter from the agent had been received and circulated to Members.

In response to questions, the Legal Representative referred to the conclusions reached in the officers’ report. Reference was made to the Court of Appeal judgement regarding County Hall, and the Lord Justices of Appeal had concluded in respect of that site that the overall site was sui generis. The London Borough of Bromley had legal ownership of the overall site which should be the starting point of the consideration and it was considered that there was no physical separation between the “Y” Buildings.

Councillor Christine Harris agreed with the officer’s recommendation and moved refusal.

Councillor Suraj Sharma considered that the Y buildings did not have a democratic function or a council chamber. For some time the Council’s property team had been in occupation. He referred to paragraph 7.14 of the officer’s report. He concluded that this was an existing lawful office use and moved to grant a certificate of lawfulness. This was seconded by Councillor Kira Gabbert.

Members having considered the report, objections and representations, RESOLVED that the EXISTING USE IS LAWFUL and a CERTIFICATE OF LAWFULNESS BE GRANTED for the following reason:-

1.  On the balance of probabilities, the “Y” Buildings have been used predominantly for an office use, and in particular have not had a democratic function, and the use has therefore been functionally separate from the remainder of the Civic Centre site which has predominantly been a sui generis use for administrative and democratic functions to support local government.

Councillor Harris’ vote against granting a certificate of lawfulness was noted.