Application No. 20/P2841

Ward: Colliers Wood

Recommendation: Grant prior approval subject to conditions

RESOLVED that the application number 20/P2841 be GRANTED planning permission subject to conditions.

Proposal: Application to determine whether prior approval is required in respect of the proposed erection of sixth floor extensions to Vista House and Prospect House, to create 5x new self-contained flats, plus the installation of a vertical wall cycle storage rack for both buildings at ground floor level. 

The Committee noted the report and the plans presented by the Case Officer. The Committee also noted the modifications sheet contained supplementary agenda.  The Case Officer provided updates on various matters relating to the amendments.

An objector had registered to speak on behalf of the residents, and at the request of the Chair, had raised a number of points, including:

• that the proposed scheme fell outside the scope of the relevant legislation covering  permitted development and that “prior approval” could therefore not be granted regardless of the officers report;

·         concerns with regards to the cladding, and that this was also raised by the leaseholders;

·         concerns to the architect design

·         the scale of the external appearance of the building would have an impact on the adjoining heritage assets;

·         it was advised that the application be deferred pending to seek legal advice in relation to the permitted development rights for topmost storey;

·         concerns of the impact of the immunity of the existing occupants.

In response to the objector’s comment, the Development Control Team Leader (South) advised that if Members’ were minded to defer the application in order to seek legal clarification on the matters raised above.

The applicant’s agent had registered to speak, and at the request of the Chair addressed the Committee with the following points:

·         the development would provide an additional five residential homes;

·         the development consistent with the Council’s Local Plan;

·         the welfare of residents was prudent to the applicant, and would ensure that any disruption in relation to the construction was kept to a minimum;

·         the Committee to recognised the opportunity to provide much needed additional new homes on a sustainable site;

·         under the Permitted Development Rights, the legislation allowed for extension to the rooftop of an existing building.

During the debate, Members’ sought clarification in relation to the development rights of the extension to the rooftop.

The Committee recommended the application be deferred pending legal advice in relation to the permitted development rights of an extension to the rooftop to the existing accommodation and the issues in relation to the cladding.

Officers advised that the legislation which had come into force last year could be open to interpretation on the specific legal point that the objector had raised and that there would be merit in deferral so as to obtain legal advice.

A motion for deferral of the determination of the application by the Committee pending legal advice in relation to the permitted development rights of an extension to the rooftop to the existing accommodation and issues with regards to the cladding was moved and seconded.  However, on being put to the vote the motion was lost.

In response to Members’ questions and comments’ the Development Control Team Leader (South) clarified the following points:

·         the access road was unadopted and not owned by the local authority.  The responsibility for the upkeep and maintenance rested entirely with the property owners;

·         Members’ were drawn to the modifications sheet which outlined the issues regarding the cladding and fire safety.

The Chair moved to the vote on the officers’ recommendation and it was

RESOLVED that the application number 20/P2841 be GRANTED planning permission subject to conditions.