Agenda, decisions and minutes

All Members present

All Members were present.

Item 4.7 Cllr Christine Harris, Non-prejudicial interest

Item 4.9 Cllr Angela Page, Non-prejudicial interest

Item 4.11  Cllr Alexa Michael, Non-prejudicial interest

Councillor Christine Harris declared a non-prejudicial interest in Item 4.7,  Councillor Angela Page declared a non-prejudicial interest in Item 4.9 and Councillor Alexa Michael declared a non-prejudicial interest in Item 4.11.

To be confirmed at the next meeting of Plans Sub-Committee No.1 on 4 February 2021

To be confirmed at the next meeting of Plans Sub-Committee No.1 on 4 February 2021.

REFUSED

Description of application – T1 Oak - Fell.  T2 Oak at 11 Almond Close - Fell.

It was reported that on page 6 of the Assistant Director, (Planning and Building Control) report, paragraph 7.9 the last line should be amended to read, “Piling option is estimated at £25,000”.

This application had been deferred at Plans Sub-Committee 1 held on 9July 2020 to allow for more information to be received and professional advice to be sought from a Structural Engineer.

Members having considered the report, RESOLVED that PERMISSION BE REFUSED as recommended, for the reason and informatives set out in the report of the Assistant Director, (Planning and Building Control).

REFUSED

Description of application – Oak (T1 on site plan) - Fell.  Oak (T3 on site plan) - Fell.

Oral representations in support of the trees being felled were received at the meeting.

This application had been deferred at Plans Sub-Committee 1 held on 11June 2020 to seek drainage details and an appraisal of the extension’s structural design.

Members having considered the report and representations, RESOLVED that PERMISSION BE REFUSED as recommended, for the reason and informatives set out in the report of the Assistant Director, (Planning and Building Control).

REFUSED

Description of application – T2 Oak adjacent to 24 Hill Close - Remove.

SUBJECT TO TPO 1552 (21.12.1998)

Oral representations in support of the tree being felled were received at the meeting.  An email dated 25 November 2020.with attached photographs received from the objector had been received and circulated to Members.

Members having considered the report and representations, RESOLVED that PERMISSION BE REFUSED as recommended, for the reason and informative set out in the report of the Assistant Director, (Planning and Building Control).

REFUSED

Description of application - Demolition of existing garages and erection of 2 two storey semi-detached 4 bedroom dwellings with associated parking and cycle and refuse stores.

Oral representations in objection to and in support of the application were received.  Oral representations from Ward Member, Councillor Yvonne Bear, in objection to the application were received at the meeting.  An email from the objector dated 25 November with attachments had been received and circulated to Members.

This application had been deferred at Plans Sub-Committee No. 1 on 3 September 2020 to look at the potential loss of parking from the detached garage at No.18 Gardiner Close and the impact on parking availability in the area; to provide a review of the Tree Preservation Order (TPO) on the adjacent tree; and to address the loss of residential amenity in terms of the loss of the garage at No.18 Gardiner Close.

Oral representations in objection to the application were received from visiting Ward Member, Councillor Yvonne Bear who raised the following points:-

·  the loss of amenity to surrounding properties,

·  the proposed development would affect the character of the area and the enjoyment of neighbouring properties,

·  there would be a severe loss amenity to No. 18 with the loss of a garage to house a car,

·  the Land registry right of access claim,

·  right of easement, if granted means development could not proceed,

·  severe loss of amenity to Inglewood,

·  adverse possession had been granted to Inglewood and paragraphs 3.2, 7.3.7 and 7.5.3, of the planning report were no longer applicable,

·  lack of side space,

·  the proposed rear windows would look directly onto Inglewood (Policy 37 of the Bromley Local Plan)

·  the loss of amenity to Garden Hill Farmhouse

·  potential reduction to the canopy of a tree under a preservation order and within a conservation area,

·  inadequate unresolved drainage issues,

·  the lack of a parking stress survey,

·  although the garages are in a state of disrepair residents can still park in the area.

Members recognised that some concerns were not planning issues.

Councillor Owen had visited the rear garden of ‘Inglewood’ to view the boundary and seen the sewer inspection hatch and he could not visualise the hatch being reconfigured and put into a foundation. He referred to the Land Registry right of access claim and doubted if there was entitlement to build and was concerned that local residents had been granted access to the garage compound for thirty-five years. He was concerned about inaccuracies in the application plan.

Councillor Katy Boughey agreed that the inspection chamber was a major concern and doubted whether the proposed development could be built as shown.

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

1.  The proposed development, by reason of its siting, scale, layout, spatial distances and relationship with its neighbouring properties would represent a cramped development within this compact and highly constrained site. The proposal would also have an adverse impact on neighbouring residential amenities in terms of privacy,  ...  view the full minutes text for item 18.4

REFUSED

Description of application – T1 Oak – Fell SUBJECT TO TPO 1552 (21.12.1998

Oral representations in support of the tree being felled were received at the meeting.  An email with attached photographs and a video received from the objector had been circulated to Members on 25 November 2020.

Members having considered the report and representations, RESOLVED that PERMISSION BE REFUSED as recommended, for the reason and informative set out in the report of the Assistant Director, (Planning and Building Control).

DEFERRED

Oral representations in objection to application were received.  Oral representations from Ward Member, Councillor Angela Wilkins, in objection to the application were received at the meeting.

It was noted that on the front page of the report the Ward was listed incorrectly and should have read, ‘Crystal Palace Ward’.

Members having considered the report, objections and representations, RESOLVED that THE APPLICATION BE DEFERRED, without prejudice to any future consideration, to seek alternative options to address subsidence.

PERMISSION, CONDITIONS TO BE DETERMINED UNDER DELEGATED AUTHORITY

Description of application - Redevelopment of 1960's squash courts within the Old Dunstonian RFC complex, providing the following -

Change of use from Class D2 (Squash Courts) to Class D1 (Day

nursery), additional changing/WC facilities to be used by the tennis

courts, refurbishment of existing building and alterations to the external building fabric to meet building regulations.

Oral representations in support of the application were received.  Oral representations from Ward Member, Councillor Peter Dean, in support ofthe application were received at the meeting.

Emails dated 25 and 26 November 2020 had been received from Councillor Christine Harris and circulated to Members.  An email dated 26 November 2020 from Councillor Mary Cooke, Member for adjoining Ward Shortlands, in objection to the application had been received and circulated to Members.

Members having considered the report, objections and representations, RESOLVED that PERMISSION be GRANTED AGAINST OFFICERS’ RECOMMENDATIONS. ACCORDINGLY, THEY RESOLVED TO APPROVE THIS APPLICATION AS THEY CONSIDERED AMONGST OTHER THINGS IN THIS CASE WITH A SUITABLE TRAVEL PLAN AND PARKING MANAGEMENT PLAN, THE SIGNIFICANT  NEED FOR NURSERY PLACES LOCALLY, THE IMPACT ON TRAFFIC BEING MINIMAL AND A SIMILAR APPLICATION WAS APPROVED A SHORT DISTANCE AWAY IN THE SAME ROAD THAT THIS APPLICATION WAS ACCEPTABLE IN THIS LOCATIONsubject to the following conditions and informative:-

“1. The development hereby approved shall be begun not later than 3 years from the date of this decision notice.

REASON: To comply with Section 91 of the Town and Country Planning Act 1990.

2. a) The children attending the day nursery shall be between the ages of 2 and 5 years and not more than 40 children shall be accommodated at any one time.

(b) The use of the premises for the purpose permitted shall be limited to Monday to Friday inclusive and only between the hours of 7.30am and 6pm.

REASON: In the interest of the amenities of nearby properties, the free flow of traffic and conditions of highway safety and the continued sports use of the site, to comply with Policies 37, 30, 31, 32 and 50 of the Bromley Local Plan.

3. Prior to the first use of  the land or building hereby permitted, parking spaces and/or garages and turning space shall be completed in accordance with the approved details and thereafter shall be kept available for such use and no permitted development whether permitted by the Town and Country Planning (General Permitted Development) Order (England) 2015 (or any Order amending, revoking and re-enacting this Order) or not shall be carried out on the land or garages indicated or in such a position as to preclude vehicular access to the said land or garages.

REASON: In order to comply with Policies 30, 31, and  32 of the Bromley Local Plan and to avoid development without adequate parking or garage provision, which is likely to lead to parking inconvenient to other road users and would be detrimental to amenities and prejudicial to road safety.

4. Prior to the first use of  ...  view the full minutes text for item 18.7

PERMISSION, CONDITIONS TO BE DETERMINED UNDER DELEGATED AUTHORITY

Description of application – Demolition of existing dwelling and erection of two storey replacement dwelling with basement car lift, and accommodation in the roofspace.

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

Comments from the Advisory Panel for Conservation Areas in objection to the application had been received and circulated to Members.

Members having considered the report, objections and representations, RESOLVED that PERMISSION be GRANTED AGAINST OFFICERS’ RECOMMENDATIONS. MEMBERS CONSIDERED THAT THE EXISTING DWELLING DID NOT POSITIVELY CONTRIBUTE TO THE CONSERVATION AREA AND THAT THE DESIGN, SITING, SCALE AND SPATIAL DISTANCES OF THE PROPOSED REPLACEMENT DWELLING WOULD NOT HARM OR APPEAR OUT OF KEEPING WITH THE CHARACTER AND APPEARANCE OF THE CONSERVATION AREA.

Members also RESOLVED that THE ASSISTANT DIRECTOR (PLANNING AND BUILDING CONTROL) BE GIVEN DELEGATED AUTHORITY TO DETERMINE THE CONDITIONS TO BE IMPOSED ON THE GRANT OF PLANNING PERMISSION.

Note:  the following conditions and informatives are imposed on the planning permission following consideration by the Assistant Director:-

“1. The development hereby approved shall be carried out within 3 years from the date of this decision notice.

REASON: To comply with Section 91 of the Town and Country Planning Act 1990

2. The development shall be retained strictly in accordance with the application plans, drawings and documents hereby approved.

REASON: To ensure that the development is retained in accordance with the approved documents, plans and drawings submitted with the application in the interest of the appearance of the building and the visual amenities of the area and in order to comply with Policy 37 of the Bromley Local Plan.

3.The materials to be used for the external surfaces of the building shall be as set out in the planning application forms and / or drawings unless otherwise agreed in writing by the Local Planning Authority.

REASON: In order to comply with Policy 37 of the Bromley Local Plan and in the interest of the appearance of the building and the visual amenities of the area.

4.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking and re-enacting this Order) no building, structure, extension, enlargement or alteration permitted by Class A, B, C, or E of Part 1 of Schedule 2 of the 2015 Order (as amended), shall be erected or made within the curtilage(s) of the dwelling(s) hereby permitted without the prior approval in writing of the Local Planning Authority.

REASON: In the interests of protecting the character of the area and residential amenity of neighbouring properties in accordance with Policy 37 of the Bromley Local Plan.

5.The window(s) in the first floor flank elevation(s) of the development hereby permitted shall be obscure glazed with obscured glass of no less than Pilkington privacy Level 3 and permanently fixed shut, unless the part parts of the window(s) which can be opened are more than 1.7 metres above the floor of the room. The window(s) shall subsequently and permanently be retained during the lifetime off the  ...  view the full minutes text for item 18.8

DEFERRED

Description of application – Loft conversion comprising of roof alterations, addition of 4 x dormers to rear with Juliette balconies and addition of roof lights.

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

A letter dated 20 November 2020 had been received and circulated to Members from The Bromley Civic Society, that had also been written on behalf of the Advisory Panel for Conservation Areas, in objection to the application.

Members having considered the report, objections and representations, RESOLVED that THE APPLICATION BE DEFERRED, without prejudice to any future consideration, for a more sympathetic design and in consultation with the neighbours.

REFUSED AND ENFORCEMENT ACTION AUTHORISED

Description of application – Replacement of inward opening wood electric gates to sliding metal electric gates with wall railings RETROSPECTIVE.

Councillor Owen’s view was the gates eroded the quality of the garden suburb and he suggested the description of the application should not include ‘retrospective’ as gates had been removed some years ago and therefore the application was for new gates.  He appreciated similar gates had been erected nearby but they pre-dated The Petts Wood Article 4 Direction and he referred to two dismissed planning appeal decisions in the area and a street view taken from Google Maps that he had circulated to Members on 24 November 2020 and to the Inspector’s reasons for the appeal dismissals.  He reported that his fellow Ward Members and the Residents Association also objected to the application. 

The Assistant Director, Planning, representative informed Members that that the existing boundary treatment, piers and wall had been on the site since 2008 and some years ago solid wooden gates had been removed that obstructed view (height 1.1 metre) and the current erected gates (height 1.4 metres) were more open that allowed viewing.

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

1. The proposed front boundary treatment including railings and gates and lack of soft landscaping, by reason of their design, height and prominent siting, would be out of keeping with the area and fail to contribute positively to the special character and appearance of this part of the Petts Wood Area of Special Residential Character, contrary to Policies 37 and 44 of the Bromley Local Plan.

IT was FURTHER RESOLVED that RELEVANT ENFORCEMENT ACTION BE AUTHORISED TO SECURE REMOVAL OF THE GATES AND RAILINGS.

PERMISSION

Description of application – Roof terrace on an existing flat roof with privacy screening.

Oral representations in support of the application were received at the meeting.  Comments from Ward Member, Councillor Mary Cooke, in objection to the application had been received and circulated to Members.

Members having considered the report and representations, RESOLVED that PERMISSION be GRANTED as recommended, subject to the conditions set out in the report of the Assistant Director, (Planning and Building Control).