Application No: 21/P3952  

Ward: West Barnes

Recommendation: Grant prior approval subject to conditions.  

The Planning Officer presented the report and brought to members’ attention that the application was a prior approval rather than a planning application and page 66 of the report set out what the application could be assessed on. 

The Committee received a verbal representation from one objector who made points including: 

·         The elevation images do not fully reflect the impact to the environment  

·         Gardens enjoyed by the residents will be reduced in size  

·         Parking space would need to be used to accommodate the crane used during construction 

·         Construction would make any fire risk more apparent 

·         The Objector expressed concerns that there was only one fire escape staircase available and this would risk the safety of residents 

·         The fire risk support statement states that the balcony poses a risk 

·         Developers did not consult with residents 

·         The site is at risk of flooding as written in the environmental report 

·         The previous poor record of the developer would put lives at risk 

The Agent statement was read out by The Democracy Services Manager as follows: 

·         The application followed the approval of a similar two storey scheme last year which I was told is being implemented soon and work to start shortly  

·         Work delivery would be carried out by an experienced contractor in terms of airspace development  

·         It was not clear whether the two-storey scheme would have been considered and this application had been submitted to the council as a fall back 

·         Officers confirmed that the scheme is fully compliant and fell within the remit 

Councillor Page, Ward Councillor commented and raised questions on the scheme and mentioned that the scheme is under the permitted development order of 2020 and questioned whetherthe tenants were made aware or signed an undertaking about an outward wall when the flats were marketed.Councillor Page raised concerns that access to green space would be lost and stated thatindemnities should be in place as residents should not be out of pocket. 

CouncillorOliver, Ward Councillor commented on the lack of protection by the extension and if the application was approved, then conditions be put in places to ensure residents are not out of pocket. 

Councillor Bokhari, Ward Councillor focussed on fire safetynoting that it should be made clear there was a route to egress the building in an emergency.  Residents are concerned about the strength of the building. The lift would be disabled during the development and no consideration had been given to the elderly and disabled residents. Councillor Bokhari urged the committee to delay a decision on the application until the Fire brigade carried out fire risk analysis. 

The Planning Officer responded to members comments and questions and made points including 

·         Planning permission does not give the right to restrict work. Some of the requests are not planning considerations; however, conditions can be included to restrict work hours during the day, weekends and bank holidays, not unusual times 

·         Loss of green space is inevitable in planning terms; this is not something planning can raise objections on 

·         Prior approval does not convey a legal way of putting restrictions on the development 

·         Fire safety is subject to building control and stringent controls and not a material consideration 

·         Additional floors cannot be considered as prior approval 

In response to questions from members, officers advised:  

·         The Planning Officer confirmed that an informative requesting swift boxes could be added on 

·         In terms of parking this is possible to remove parking, if this was volunteered by the applicant, then it could be considered. 

·         The points raised were not grounds for a refusal of the application 

·         Merton monitors air quality, but on the application, there were no grounds for it to be covered 

Members commented on the application. And thanked the officers for the report 

The Chair moved  to the vote and it was 

RESOLVED: 

That the Committee granted prior approval subject to conditions