HENDON AREA PLANNING SUB-COMMITTEE MEETING
Monday 7th January 2008 AT 7.00PM
ADDENDUM TO REPORT
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W00016Y/07 - 67 Brampton Grove, NW4
Recommended condition 5 should be deleted and replaced with:
Before the building hereby permitted is occupied the proposed bathroom window in the side elevation facing No 52 Raffles House shall be glazed with obscure glass only and shall be permanently retained as such thereafter and shall be permanently fixed shut with only a fanlight opening, unless otherwise agreed in writing by the Local Planning Authority.
Reason: To safeguard the privacy and amenities of occupiers of adjoining residential properties.
The site plan attached to the agenda is incorrect. An amended site plan is attached.
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W01694A/07 - 121 Bell Lane, NW4
Amendment to condition 6: " Prior to the occupation of the units a copy of the Pre-completion Sound Insulation Test Certificate of Part E of the Building Regulations 2000 (or any subsequent amendment in force at the time of implementation of the permission) shall be submitted to the Local Planning Authority and shall indicate at least 3 decibels above the Performance Standard.
Reason: To protect the amenities of future and neighbouring residential occupiers.
Amendment to Informative 1: Plan No: 19A
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W05115D/07 – Storth Oaks, 1 Downage, NW4
One additional letter of objection was received from a neighbouring resident. Their objections can be summarised as follows:
- Terrace on front elevation would be out of keeping with character of the road
- Terraces to the rear will result in overlooking to the neighbouring properties
- Depth of rear extension
- Proposal contravenes planning design guidance
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W06533B/07 – 44-46 Ashley Lane, NW4
Amendment to description:
"Demolition of existing properties and erection of a two storey building plus rooms in the roofspace to accommodate 7 self-contained flats. Provision of car parking at basement level"
Amendment to Condition 2 to read:
No structure or erection with a height exceeding 1.050m above footway level shall be placed along the frontage(s) of Ashley Lane from a point 2.4m from the highway boundary for a distance of 2.4m on both side of the vehicular access(es).
Reason
To prevent danger, obstruction and inconvenience to users of the adjoining highway and the premises.
Additional condition 21:
No part of the screened area of the roof along the boundary with 42 Ashley Lane, as indicated on plan no. 1499/P-03 rev C shall be used as a balcony, roof garden or similar sitting out area.
Reason:
To protect the residential amenities of adjoining occupiers.
Amendment to informative 1: Substitute plan no. 1499/P-03 rev C.
Four additional letters of objection and a petition with 30 signatories were received from neighbouring residents. Their objections can be summarised as follows:
- Loss of light
- Proposal would lead to rat infestation
- Decrease in property value
- Proposal would change character of area which mainly comprises of single family dwelling houses
- Increase in traffic
- Basement parking is inadequate
- Not in keeping with architectural line of street which is solely houses
- Building higher than existing buildings
- Scale, height, bulk, design and proximity to surrounding neighbours would be obtrusive, detrimental to the outlook and visual amenities of neighbours and the street scene
- Possible overlooking and loss of privacy
- Highway safety
- Noise and disturbance from no. of residents and visitors
- No undertaking to meet additional educational costs
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W16033/07 - 9 Hillview Road
Additional letter received from the Hillview Road Residents Association.
This re-iterates the concerns of the residents that the use of the private road by heavy lorries will further damage the road. The association seeks assurances that the road will be protected during construction and any damage repaired.
The imposition of a condition is also requested to ensure that the road is protected during the development and any damage is repaired.
Comments:
Planning law does not exist to meet the need that already exists prior to a planning application being submitted. The Local Planning Authority cannot impose a condition or planning obligation simply to meet a need that already existsdespite the desirability of improving the road in planning terms. To do so would be imposing a planning obligation/condition which would fall foul of the laid down tests of conditions and planning obligations as laid down in Circulars 11/95 (planning conditions)and 5/05 (planning obligations) respectively. This would be ultravires the Council powers on the basis of failing the tests of being relevant to the development permitted; unnecessary;and unreasonable in all respects.
Maintenance of the road is the responsibility of all those who reside on the street and should not be placed or borne solely on the applicant, just because s/he is obtaining a new planning permission.
Raffles House, 67 Brampton Grove, Hendon, NW4 4BU
W00016Y/07
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