Agenda item

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·  adverse possession had been granted to Inglewood and paragraphs 3.2, 7.3.7 and 7.5.3, of the planning report were no longer applicable,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, overlooking, outlook and unneighbourly sense of enclosure, contrary to Policies 4, 8 and 37 of the Bromley Local Plan.

2. Insufficient information has been provided in respect to drainage and landownership to demonstrate that a sustainable development can be delivered at this site contrary to Policy 5.13 of the London Plan and Policies 4, 8 and 37 of the Bromley Local Plan.