Agenda item

REFUSED

Description of application – Change of use of ground and first floor from sports hall (use class D2) to residential (C3), incorporating the existing residential unit in the roof space to form a single 4 bedroom dwelling, new vehicular access on to Bracken Hill Lane and associated replacement fencing (Part Retrospective).

Oral representations in objection to and in support of the application were received.  The agent in support of the application confirmed that it was not possible to change the vehicular access to be on Blyth Road.

Oral representations from Ward Member, Councillor Will Harmer, on behalf of Ward Member, Councillor Nicky Dykes, and her two fellow Ward Members and local residents in objection to the application were received at the meeting.

Councillor Harmer referred to the history of the site, the appeal dismissed under reference 14/03400/FULL1 and to the outstanding enforcement notice.

He said that the site had been surrounded by trees protected by a blanket Tree Preservation Order since 1986 but between 2014 and 2015 material damage had taken place when protected trees had been removed by the applicant without permission that had been of importance to the town centre, street scene and to the residential amenity and that replacement mature trees should be planted.  He was disappointed that the arboriculture report had not taken the removed trees into consideration.  Councillor Harmer was also concerned with the impact on road safety, parking, access and inadequate site lines.

A plan of the proposed work and photographs from the objector and a supplementary letter and photographs from the agent had been received and circulated to Members.

The Chief Planner’s representative referred to the Planning Inspector’s site visit in March 2016 and the appeal decision in April 2016.  He confirmed the Tree Officer had no objection to the application and no breach had been identified previously in respect of the removal of trees at the site.  The enforcement notice had been served in May 2017 in regard to the wall, fence and hardstanding and that if planning permission were granted then that notice would fall away. An additional condition in respect of the withdrawal of permitted development rights was suggested, along with minor changes to condition 5 in the report to reflect the correct address. It was clarified that the applicant’s transport submission stated that “No vehicles were recorded as travelling above 20mph; indeed, the highest speed recorded was 16mph in both directions.”

Councillors Simon Fawthrop and William Huntington-Thresher referred to Bromley Town Ward Members’ local knowledge of the vicinity and transport issues and objected to the application.

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

1.  The proposal would prejudice the amenities of neighbouring residents along Bracken Hill Lane, by reason of additional noise and disturbance resulting from the proposed vehicular access and associated activity, contrary to Policy BE1 of the Unitary Development Plan.

2.  The proposal, resulting as it does, in the loss of mature trees and foliage along the boundary with Bracken Hill Lane and replacement by a vehicular access and new fence and gate, would result in an undesirable feature, undermining the established verdant frontage and the character and appearance of the wider streetscene, contrary to Policy BE1 of the Unitary Development Plan.

3.  The proposed vehicular access would lack adequate sightlines, which would therefore prejudice road safety conditions along Bracken Hill Lane, contrary to Policy T18 of the Unitary Development Plan.

IT WAS FURTHER RECOMMENDED that the trees officer conducts an investigation into the potential breach in the removal of trees within the site and report back to PSC for a determination on whether separate enforcement action in respect of this matter be authorised.