Agenda, decisions and minutes

Councillor Peter Dean - alternate: Councillor John Ince

Councillor Peter Fookes - alternate: Councillor John Getgood

Councillor Richard Scoates - alternate: Councillor Gordon Norrie

Apologies for absence were received from Councillors Peter Dean, Peter Fookes and Richard Scoates; Councillors John Ince, John Getgood and Gordon Norrie attended as their alternates respectively.

Councillor Simon Fawthrop - Item 4.8 - personal interest

Councillor Simon Fawthrop declared a personal interest in Item 4.8.

Confirmed

RESOLVED that the Minutes of the meeting held on 15 September 2011 be confirmed and signed as a correct record.

(Applications submitted by the London Borough of Bromley)

(Applications meriting special consideration)

PERMISSION

Description of application - Chapel with vestry and toilet (revised design to scheme permitted under ref. 05/03871 for use of land for human burials including chapel and other buildings, car parking and vehicular access.

It was reported that the application had been amended by documents received on 24 October 2011.

Members having considered the report and objections, RESOLVED that PERMISSION BE GRANTED as recommended, subject to the conditions set out in the report of the Chief Planner.

REFUSED

Description of application - Soft and hard landscaping including benches and bicycle stands.

Oral representations in objection to the application were received at the meeting.

It was reported that further objections to the application had been received.

Members having considered the report, objections and representations, RESOLVED that PERMISSION BE REFUSED for the following reason:-

1 The proposed landscaping would be unsympathetic to the setting of the significant Art Deco cinema building, contrary to Policies BE1 and BE6 of the Unitary Development Plan.

REFUSED

Description of application - Canopy and alterations to front elevation.

Oral representations in objection to the application were received at the meeting.

It was reported that further objections to the application had been received.

Members having considered the report, objections and representations, RESOLVED that PERMISSION BE REFUSED as recommended for the reason set out in the report of the Chief Planner.

REFUSED

Description of application - Roof alterations incorporating front dormer extension and alterations to existing rear dormer extension.

Members having considered the report, RESOLVED that PERMISSION BE REFUSED as recommended, for the reason set out in the report of the Chief Planner.

REFUSED

Description of application - Non-illuminated wall mounted advertisement display board.

Oral representations in objection to the application were received at the meeting.

It was reported that further objections to the application had been received.

Members having considered the report, objections and representations, RESOLVED that PERMISSION BE REFUSED as recommended, for the reason set out in the report of the Chief Planner.

REFUSED

Description of application - Sub-division of existing plot and erection of detached four bedroom house.

Oral representations in objection to and in support of the application were received at the meeting.

It was reported that further objections and one letter in support of the application had been received.

It was also reported that a site plan had been received showing an accurate layout of the scheme.

Members having considered the report, objections and representations, RESOLVED that PERMISSION BE REFUSED for the following reasons:-

1  The proposal does not comply with the Council’s requirement for a minimum 1 metre side space to be maintained to the flank boundary in respect of two storey development in the absence of which the extension would constitute a cramped form of development, out of character with the street scene, conducive to a retrograde lowering of the spatial standards to which the area is at present developed and contrary to policy H9 of the Unitary Development Plan.

2  The proposal would constitute a cramped over-development of the site, lacking in adequate amenity space for future occupiers and out of character with the surrounding area, contrary to Policies BE1 and H7 of the Unitary Development Plan.

3  The proposal would be harmful to the visual amenities and outlook of neighbouring properties and be out of character with surrounding development, contrary to Policies BE1 and H7 of the Unitary Development Plan.

REFUSED

Description of application - Detached two storey 3 bedroom dwelling on land adjacent to 20 Ellesmere Avenue with associated driveway and car parking.

Oral representations in objection to and in support of the application were received at the meeting.

Comments from Councillor Russell Mellor, Ward Member for Copers Cope were reported at the meeting.  Councillor Mellor objected to the application on the grounds that the proposal had an impact on a resident of his Ward.

Objections received from a local resident were reported by the Chairman.

Members having considered the report, objections and representations, voted on a motion to permit the application which was defeated by the Chairman's casting vote at 5-4.

Following a subsequent vote on a motion to refuse the application, Members RESOLVED that PERMISSION BE REFUSED for the following reason:-

1  The proposal would result in a cramped over-development of the site, harmful to the spatial standards of the area and contrary to Policies BE1, H7 and H9 of the Unitary Development Plan.

REFUSED

Description of application - Improvement of golf club course including deposit of inert materials to remodel 2^nd, 3^rd, 4^th, 5^th, 7^th, 8^th, 10^th, 11^th, 12^th, 13^th and 14^th holes and provide multi-shot driving range (on existing practice ground outfield), chipping academy and putting green.  Replacement single storey driving range building.  Laying out of hard surface on existing informal car parking area to provide 93 spaces.  Drainage and landscaping works.  Alteration of vehicular access to Main Road and construction of temporary haul roads and compound for import of soil, including wheel washing facility, site office and related buildings.

Oral representations in objection to and in support of the application were received.  Oral representations from visiting Ward Member Councillor Richard Scoates in objection to the application were received at the meeting.

Due to allegations of predetermination, Councillor Scoates had removed himself from serving as a Member of Plans 4 Sub-Committee that evening in order that the decision could not be legally challenged in Court on the ground of his predetermination of the application.

Oral representations from neighbouring Ward Member Councillor Julian Benington in objection to the application was also received at the meeting.

It was reported that the application had been amended by documents received on 20 October and 7 November 2011.

The Chief Planner advised that any refusal would require to be supported at appeal by evidence and that a lack of evidence could leave the Council open to a substantial costs claim in the event of the decision being reversed at appeal.

Further objections to the application had been received and were reported by the Chief Planner. 

A further letter of support had also been received.

Members having considered the report, objections and representations, RESOLVED that PERMISSION BE REFUSED for the following reasons:-

1  The proposed new access and haul road by reason of the increase in the volume of large vehicles entering and exiting the site and using surrounding residential roads are likely to result in serious harm to the road safety and free flow of traffic in the area and to the amenities of nearby residents, contrary to Policy T11 and T18 of the Unitary Development Plan.

2  The proposal by reason of the sightlines necessary either side of the haul access to Main Road would result in an unacceptable loss of an important hedgerow which makes a positive contribution to the character of the area and the surrounding Green Belt, contrary to Policy NE9 of the Unitary Development Plan and The Hedgerow Regulations 1997.

3  The remodelling of the golf course, associated operational development and the formation of the haul road are of significant scale with an adverse impact on the character of the area, bearing in mind the number of footpaths, bridleways and byways in the immediate vicinity of the development, thereby contrary to policy L1(iii) of the Unitary Development Plan.

4  The proposed development and  ...  view the full minutes text for item 17.8

PERMISSION

Description of application - Conversion of church building to residential use to provide 2 four bedroom units and 1 three bedroom unit, to include introduction of mezzanine level, new dormer windows, elevation alterations and new porch and associated car parking and bin store at rear.

Members having considered the report and objections, RESOLVED that PERMISSION BE GRANTED as recommended, subject to the conditions and informatives set out in the report of the Chief Planner with condition 8 amended to read:-

‘8  Before any part of the development hereby permitted is occupied, a minimum of 8 on site parking spaces are to be provided and permanently retained for use by residents of the development hereby permitted.

Reason: In order to comply with Policy T3 of the Unitary Development Plan and to avoid development without adequate parking provision, which would be likely to lead to parking inconvenient to other road users and would be detrimental to amenities and prejudicial to road safety.’

PERMISSION

Description of application - Single storey rear extension, rear dormer and front porch.

Members having considered the report RESOLVED that PERMISSION BE GRANTED for the reasons and subject to the conditions set out in the report of the Chief Planner with condition 5 amended to read:-

'5  The single storey rear extensions hereby permitted at Nos. 52 and 54 Oxhawth Crescent shall be undertaken as a single building operation unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to protect the visual amenity and prospect of the residents of each property and to comply with Policies BE1 and H8 of the Unitary Development Plan.’

PERMISSION

Description of application - Single storey rear extension and front porch.

Members having considered the report RESOLVED that PERMISSION BE GRANTED for the reasons and subject to the conditions set out in the report of the Chief Planner with condition 5 amended to read:-

'5  The single storey rear extensions hereby permitted at Nos. 52 and 54 Oxhawth Crescent shall be undertaken as a single building operation unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to protect the visual amenity and prospect of the residents of each property and to comply with Policies BE1 and H8 of the Unitary Development Plan.’

PERMISSION

Description of application - Demolition of existing garage and shed and erection of single storey garage to rear.

Oral representations in support of the application were received at the meeting.

Members having considered the report, objections and representations, RESOLVED that PERMISSION BE GRANTED as recommended, subject to the conditions set out in the report of the Chief Planner.

CONSERVATION AREA CONSENT GRANTED

Description of application - Demolition of existing dwelling. CONSERVATION AREA CONSENT.

Members having considered the report, RESOLVED that CONSERVATION AREA CONSENT BE GRANTED as recommended, subject to the condition set out in the report of the Chief Planner.

PERMISSION

Description of application - Demolition of existing dwelling and erection of part one/two storey 5 bedroom dwelling with accommodation in roof space and integral garage.

Members having considered the report and objections, RESOLVED that PERMISSION BE GRANTED as recommended, subject to the conditions set out in the report of the Chief Planner with the addition of a further condition to read:-

13  Details of the proposed slab levels of the building(s) and the existing site levels shall be submitted to and approved in writing by the Local Planning Authority before work commences and the development shall be completed strictly in accordance with the approved levels.

Reason: In order to comply with Policy BE1 of the Unitary Development Plan and in the interest of the visual and residential amenities of the area.

CERTIFICATE OF LAWFULNESS GRANTED

Description of application - Roof alterations and alterations to existing rear dormer.  CERTIFICATE OF LAWFULNESS FOR A PROPOSED DEVELOPMENT.

Members having considered the report, RESOLVED that A CERTIFICATE OF LAWFULNESS FOR A PROPOSED DEVELOPMENT BE GRANTED as recommended, for the reason set out in the report of the Chief Planner.

(Applications recommended for permission, approval or consent)

PERMISSION

Description of application - Two storey rear extension.

Members having considered the report, RESOLVED that PERMISSION BE GRANTED as recommended, subject to the conditions set out in the report of the Chief Planner.

PERMISSION

Description of application - Two storey rear extension and elevational alterations.

Members having considered the report and objections, RESOLVED that PERMISSION BE GRANTED as recommended, subject to the conditions set out in the report of the Chief Planner.

PERMISSION

Description of application - First floor rear extension.

Oral representations in support of the application were received at the meeting.

Comments from Ward Member Councillor Charles Joel were reported by the Chairman.  Councillor Joel had no objection to the application.

Members having considered the report, objections and representations, RESOLVED that PERMISSION BE GRANTED as recommended, subject to the conditions set out in the report of the Chief Planner.

PERMISSION

Description of application - Part one/two storey front, side and rear extensions with steps to front.  Increase in roof height.  Additional vehicular access and hard standing.

Members having considered the report and objections, RESOLVED that PERMISSION BE GRANTED as recommended, subject to the conditions and informative set out in the report of the Chief Planner.

PERMISSION

Description of application - Part one/two storey front, side and rear extension with Juliet balcony to rear.  Front porch, creation of basement level, roof alterations and elevational alterations (Revision of planning permission of 10/02541).

Oral representations in objection to the application were received at the meeting.

Members having considered the report, objections and representations, RESOLVED that PERMISSION BE GRANTED as recommended, subject to the conditions set out in the report of the Chief Planner with the addition of a further 2 conditions to read:-

5  Details of the proposed slab levels of the building(s) and the existing site levels shall be submitted to and approved in writing by the Local Planning Authority before work commences and the development shall be completed strictly in accordance with the approved levels.

Reason: In order to comply with Policy BE1 of the Unitary Development Plan and in the interest of the visual and residential amenities of the area.

6  Before the development hereby permitted is first occupied, the proposed glazing to the southern elevation including the roof of the southern side of the extension shall be obscure glazed in accordance with details to be submitted to and approved in writing by the Local Planning Authority and shall subsequently be permanently retained as such.

Reason: In order to comply with Policy BE1 of the Unitary Development Plan and in the interest of the amenities of the adjacent properties. 

(Applications recommended for refusal or disapproval of details)

DEFERRED

Demolition, extensions and alterations to provide a three storey house with basement garage and cellar room.

Members having considered the report and objections, RESOLVED that the application BE DEFERRED without prejudice to any future consideration, to seek removal of front dormers and reassess basement car parking and to be considered under section 2 of the agenda at a future Plans Sub-Committee meeting.

ENFORCEMENT ACTION TO BE PURSUED

Oral representations against enforcement action being pursued were received at the meeting.

Members having considered the report and representations, RESOLVED that ENFORCEMENT ACTION BE PURSUED AND THAT THE COUNCIL CONTINUE WITH PROSECUTION PROCEEDINGS.

Work has been taking place on site despite a number of pre-commencement conditions not having been approved.  It is important that these matters are dealt with before matters advance further.

BREACH OF CONDITION NOTICES AUTHORISED

Members having considered the report, RESOLVED that BREACH OF CONDITION NOTICES BE AUTHORISED FOR CONDITIONS 2, 3, 5, 9, 10, 16, 17, 18 AND 22.

TPO CONFIRMED

Members having considered the report and objections, RESOLVED that Tree Preservation Order No. 2414 relating to a group of 2 alders and 1 sycamore BE CONFIRMED as recommended in the report of the Chief Planner.

TPO CONFIRMED

Members having considered the report and objections, RESOLVED that Tree Preservation Order No. 2418 relating to 1 maple and 1 birch BE CONFIRMED as recommended in the report of the Chief Planner.

TPO NOT CONFIRMED

Oral representations in objection to the making of a Tree Preservation Order were received at the meeting.

The owner of the host property undertook to plant a replacement tree if the tree was felled following a refusal to confirm the TPO.

Members having considered the report, objections and representations, RESOLVED that Tree Preservation Order No 2439 relating to 1 oak tree SHOULD NOT BE CONFIRMED.