Agenda item

Application for a new planning permission to replace extant planning permission (Appeal Decision ref. APP/R5510/A/08/2071434 dated 15/10/2008.): demolition of existing garages and erection of a new two storey residential building comprising three units (2 studio flats and 1 one-bedroom flat) with four parking spaces and communal amenity spaces. (LBH Ref: 3587/APP/2007/2478 dated 07/08/2007)

Recommendation : Approval

Application for a new planning permission to replace extant planning permission (Appeal Decision ref. APP/R5510/A/08/2071434 dated 15/10/2008.): demolition of existing garages and erection of a new two storey residential building comprising three units (2 studio flats and 1 one-bedroom flat) with four parking spaces and communal amenity spaces. (LBH Ref: 3587/APP/2007/2478 dated 07/08/2007).

In accordance with the Council’s constitution a representative of the

petitioners in objection to the application addressed the meeting.

The petitioner made the following points:

• The proposed development would be in breach 10 Conditions out of the 16 imposed
• Regarding Informative AM7 -  there were already18 flats in the area and  traffic generated by the proposed development would intensify the problems with parking that already existed in the area
• Indicated that there was also a row of shops with flats on top
• Suggested that rear gardens would be facing proposed development 
• That it would be a disaster to add more flats on the same site and would result in over development
• That the proposed development would result in overlooking with less than 15m between the houses
• Advised that Informative 2 – AM7, BE13, 19, 21, 24, LPP3.5, LPP7.1 and OE1 would not be taken into consideration by this proposed development
• Rejected the Inspector’s comment and felt that the proposed development would lead to 100% breach of privacy and would be detrimental to the area
• Stated that seventeen properties would be affected
• Advised that some families would not open their curtains due to overlooking.

The Chairman emphasised that the Committee could not refuse the application, as it had been approved by the Inspector and explained that the only course available for petitioners was through a Judicial Review.

The agent spoke and advised that demolition of the site had occurred as a result of a fire and confirmed that construction had not commenced on the KMS application site.

Officers advised that there were conditions relating to construction management of the site, which must be satisfied prior to commencement of the proposed development.

In response to a query about the petitioners’ concerns not being addressed in the report, officers advised that the nature of the petitioners’ objections had not been set out in the petition.

A Member suggested that an addition condition should be attached to ensure compliance with the Lifetime Home Standards.

The Committee attached an additional condition requiring details of defensible space to be provided prior to commencement of the development, to protect the downstairs patio windows and doors of residents from overlooking.

The recommendation for approval and two additional conditions was moved and seconded and on being put to the vote was agreed.

Resolved – That the application be approved, subject to the conditions and informatives set out in the officers report and addendum sheet circulated at the meeting; and the following additional conditions:

-          The standard condition RES18 (Life Time Homes)

-          Details of defensible space including railings, gates, fencing and landscaping to the front of ground floor habitable room windows, shall be submitted to the Council for approval prior to commencement of the development. The approved details shall be implemented prior to occupation of the development and

            thereafter retained and maintained for the life of the development.

Reason

In pursuance of the Council's duty under section 17 of the Crime and Disorder Act 1998 to consider crime and disorder implications in excising its planning functions; to promote the well being of the area in pursuance of the Council's powers under section 2 of the Local Government Act 2000, to reflect the guidance contained in the Council's SPG on Community Safety By Design and to ensure the development provides a safe and secure environment in with the London Plan (July 2011).