Meetings, Agenda and Minutes

Apologies were received from Councillors Priyen Patel, Derek Osbourne and Ken Smith. Councillor Trevor Heap attended for Councillor Simon James. 

Cllr Kate Stinton declared a personal interest in Appendix B (19 Keswick Avenue, London SW15 3QH) and took no part in the discussion, as she is a member of the Development Control Committee considering the application. 

RESOLVED that the minutes of the meeting held on 12 January 2011 be confirmed as a correct record. 

A summary of the reasons for granting permission and of any relevant development plan policies and proposals is included in the report of the Interim Head of Planning on each application where permission is recommended.  Permitted applications are subject to the conditions, informatives and other requirements set out in the report together with any other details on late responses to consultations or comments received since the agenda was printed, revised drawings circulated at the meeting and amended recommendations, additional conditions and informatives set out below.

Applications refused are for the reasons set out in the report by the Interim Head of Planning and any amended reasons are set out below.

Under the arrangements for speaking on planning applications objectors and applicants spoke on the following applications:

91 Alric Avenue, New Malden, KT3 4JP  10/14902

Dr Ray Meerabeau spoke as an objector to the proposal and Mr and Mrs Jackson spoke as the applicants.

Rear of 3 & 5 Cambridge Road & Former 43 High Street, New Malden, KT3 4BY  10/14882

Mr Terry Newman spoke as an objector to the proposal and Mr Clive Chapman spoke on behalf of the applicant.

Erection of 1 x 3 bedroom house with basement and rooms in roof with access from land adjacent to 3 Cambridge Road.

PERMIT subject to the following additional condition and informative:

Additional Condition

18.       Prior to the commencement of development details of the sliding gate and car turntable shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To protect the amenities and privacy of the occupiers of the adjoining residential properties in accordance with Policies BE12 (Layout and Amenity of Buildings and Extensions) and H1 (Protection of Residential Amenities) of the Royal Borough of Kingston upon Thames Unitary Development Plan First Alteration and policies CS8 and DM10 of the Core Strategy (Pre-submission version, December 2010).

Additional Informative

Planning permission does not assume availability of Public Sewers, or their adequate capacities.  The applicant is advised to contact Thames Water Utilities.

Retention of existing patio and erection of 1.43m featherboard fence with 300mm trellis along shared boundaries with adjoining properties (amended plans).

In considering the report and recommendation to permit, Members were of the view that the proposal by reason of its design and scale would result in an overbearing development and loss of privacy to the detriment of the amenities of the neighbouring occupiers. The Committee therefore agreed that the application be refused for the reason set out below:

REFUSE

Reason for the decision

The proposed boundary treatment would result in an overwhelming and visual intrusive structure resulting in a loss of amenity to the neighbouring occupier at 93 Alric Avenue contrary to Policy H1, BE11 and RES3 and Policy DM 10 of the Local Development Framework Core Strategy Pre Submission Version December 2010.

Replacement of wooden entrance and exit gates with new metal railing gates.

PERMIT

Installation of 12 Solar Panels to Flat Roof.

PERMIT

Demolition of 2 Alric Avenue and adjacent storage properties and erection of a three-storey residential building to provide 2 x 1 bedroom and 4 x 2 bedroom flats with associated car parking and landscaping.

PERMIT subject to the following additional condition:

14.       No construction of any residential unit hereby permitted shall begin until details of the lifetime homes specification/standards have been submitted to and approved in writing by the Local Planning Authority.

Reason:  In the interests of people with mobility difficulties in accordance with Policies 3A.5 (Housing Choice), 3A.17 (Addressing the needs of London's diverse population) and 4B.5 (Creating an Inclusive Environment) of the London Plan 2004 (as amended).

Change of use of rear part of property from internet Cafe (Class A1) to Billiard Room (Class D2) to enable the property to be used as a mixed retail/billiard room (Class A1/D2) use.

PERMIT

Demolition of existing bungalow and erection of two storey replacement dwelling.

PERMIT

Erection of two side dormer roof extensions.

In considering the report and recommendation to permit, Members were of the view that the proposed development by reason of its design and appearance was not in keeping with the character of the area. The Committee therefore agreed that the application be refused for the reason set out below:

REFUSE

Reason for Refusal

The proposed dormers by reason of their design and appearance would have an unacceptable impact on the character and appearance of the Groves Conservation Area, contrary to policies BE3, BE11 and STR6 of the Royal Borough of Kingston Unitary Development Plan First Alteration and Policies CS8, DM 10, DM 12 of the Local Development Framework Core Strategy Pre Submission Version December 2010.

The Sub Committee was consulted on the demolition of the existing side extension and detached single garage and erection of a single storey side extension prior to the consideration of the application by the Development Control Committee.

RESOLVED that Development Control Committee be advised that the Sub Committee recommend a small pitch to the whole roof to assist drainage and make it appear aesthetically more appealing.

Note: Cllr Kate Stinton declared a personal interest in this item and took no part in the discussion, as she is a member of the Development Control Committee considering the application.

A 1.63m high boundary wall has been erected with a 1.8m high sliding gate at 117 Ullswater Crescent, London, SW15 3RE. The requirement of the Notice is the immediage removal of the front garden wall and sliding gate from the site within 3 calendar months of the Notice taking effect.

RESOLVED that the Head of Legal Services and the Interim Head of Planning be authorised:

1. to issue an Enforcement Notice(s) under Section 172 of the Town and Country Planning Act 1990 (as amended);
2. to withdraw and to vary such Notice(s) under S. 173A (as appropriate);
3. in the event of non-compliance with the above Notice(s) to take action(s) by way of prosecution under S. 179 and/or direct action under S. 178 of the Act in respect of the breach of planning control/or for injunctive relief under S. 187B.

Reason for the decision

The height of the wall at the property is significantly higher than the standard front garden wall in the street and reduces the element of harmony provided by the discrete townscape elements in the area, contrary to Policies H1, STR6, BE11 and RES3 of the Kingston upon Thames Unitary Development Plan.

The Tree Preservation Order (TPO) was served to protect a tree following an application involving the formation of vehicular crossover and new driveway, which would have resulted in the removal of this tree.

The Committee considered the objections received to the TPO, and officers’ responses to these objections.

RESOLVED that the Royal Borough of Kingston upon Thames Tree Preservation Order N^o.46 be confirmed without modification.

RESOLVED that the appeal decisions received by the Council between 7 December and 15 February be noted.

The Sub Committee also asked that a list of current Enforcement Notices are included in each agenda of the Planning Sub Committee.