February 2009 Planning applications

Weekly List Date: 4/3/2009

Gambardella Cafe, 47-48 Vanbrugh Park, SE3 7JQ  Ref 09/0292/V    APPROVED  see  http://bit.ly/xB5Y

Variation of condition 1 (opening hours) of planning permission dated 17/11/99 (Ref:99/2138/F) to extend opening times from 7am-6pm Monday-Saturday to 7am-11pm Monday-Sunday   Ref  09/0292/V

Case officer:  Louise Thayre tel:    020 8921 5302

Registration date:  3 February 2009

Site Notice Date: : 25 February 2009

Deadline for objections: 18 March 2009

Land between 2-14 BEACONSFIELD ROAD, BLACKHEATH, SE3 7LZ Ref 09/0271/F    WITHDRAWN

Construction of 2 x 2 storey semi-detached houses with roof level accommodation and dormer windows, each with a garage to rear.

Case officer:  Louise Thayre tel:    020 8921 5302

Registration date:  9 February 2009

Site Notice Date: : 4 March 2009

Deadline for objections: 25 March 2009 

Land adjacent to 167 Humber Road, London, SE3 7DY  Ref 09/0341/F

Demolition of existing garages and erection of a 2-bed dwelling (this site is adjacent to Westcombe Park Conservation Area) Resubmission    REFUSED 

Case officer: Jacob Jaarsma Tel: 020 8921 5438  See   http://bit.ly/n4YS

Registration date:  11 February 2009

Site Notice Date: : 11 March 2009

Deadline for objections: 1 April 2009

5 Mycenae Road, Blackheath, London, SE3 7SF  Ref 09/0364/F  See  http://bit.ly/16WBB REFUSED

Erection of a two storey rear extension and conversion of property from two dwellings to form a single family home

Case officer: Kemi Erifevieme Tel: 020 8921 5566

Registration date:  16 February 2009

Site Notice Date: : 11 March 2009

Deadline for objections: 1 April 2009

Weekly List Date: 11/2/2009

1 Foyle Road, Blackheath, London, SE3 7RQ  Ref 09/0229/CE

Retention of loft conversion with rear dormer window  APPROVED

Case officer: Alex Smith  Tel: 020 8921 5894 See http://bit.ly/idmJ

(see in particular Decision letter from Alex Grant)

25A GLENLUCE ROAD, BLACKHEATH, LONDON, SE3 7SD  Ref 09/0260/F

Retention of satellite dish to front elevation See http://bit.ly/3xmJMX

 Case officer:  Louise Allwood tel:  020 8921 5302  REFUSED

Registration date:  27 January 2009

Site Notice Date: : 25 February 2009

Deadline for objections: 18 March 2009

25 FOYLE ROAD, BLACKHEATH, LONDON, SE3 7RQ  Ref 09/0247/F

Loft conversion and installation of a rear dormer window and two rooflights to front roof slope  APPROVED

See    http://bit.ly/cl3G   

Case officer: Alex Smith  Tel: 020 8921 5894

Registration date:23 January 2009

Site Notice Date: : 18 February 2009

Deadline for objections: 11 March 2009

68 COLERAINE ROAD, BLACKHEATH, LONDON, SE3 7PE  Ref 09/0251/F    REFUSED 

 Roof extension comprising infill of double ridged roof, two dormer windows to rear roof slope and 3 roof lights to front roof slope  See http://bit.ly/73NZz

Case officer: Alex Smith  Tel: 020 8921 5894

Registration date:23 January 2009

Site Notice Date: : 18 February 2009

Deadline for objections: 11 March 2009

91B COLERAINE ROAD, BLACKHEATH, , SE3 7PF  Ref 09/0300/TC   APPROVED

Cut back two sycamores overhanging from Hardy road back to the boundary

Case officer: Debi Rogers Telephone: 020 8921 5661   See http://bit.ly/3FtpnP

Registration date:    2 February 2009

Letter Date: : 16 February 2009

Deadline for objections: 13 April 2009  

81 COLERAINE ROAD, BLACKHEATH, LONDON, SE3 7PF  Ref 09/0301/TC    APPROVED

Crown reduce holly in front garden by 1-1.5m and reduce side laterals by 0.5-1m  See  http://bit.ly/3KQ5Cz

Case officer: Debi Rogers Telephone: 020 8921 5661

Registration date:  9 February 2009

Site Notice Date: : No Public Consultation

Deadline for objections: 30 March 2009

17 WESTCOMBE PARK ROAD, BLACKHEATH, SE3 7RE  Ref  09/0280/SD   APPROVED

Submission of details pursuant to Condition 2 (details & design of balcony) of planning permission dated 7/1/09 (Ref:08/2828/F)  See http://bit.ly/1exlqd

Case officer:  Louise Allwood tel: 020 8921 5302

Registration date:  30 January 2009

Site Notice Date: : No Public Consultation

Deadline for objections: 1 May 2009

17 WESTCOMBE PARK ROAD, BLACKHEATH, SE3 7RE  Ref 09/0281/SD   APPROVED

Submission of details pursuant to Condition 3 (details of design of railings for steps) of planning permission dated 7/1/09 (Ref:08/2828/F)  See  http://bit.ly/165PL2

Case officer:  Louise Allwood tel: 020 8921 5302

Registration date:  30 January 2009

Site Notice Date: : No Public Consultation

Deadline for objections: 1 May 2009

Village Green Defeat

Efforts to protect the gardens of Woodlands, a Grade II* listed building, from development in perpetuity for future generations have failed.  A committee consisting of just two councillors (the Deputy Leader of the Council and the Chief Whip) turned down the application by local residents to register the Gardens as a Town or Village Green, claiming that users of the gardens did so not as of right but by the implied permission of the Council. 

Judges in the key decision on implied permission –the Beresford case - had stated that ‘implied permission’. required that  all of four criteria had to be met.  There had to be (a) some form of communication (b) by some action during daylight hours (c) that was intended by the landowner to be understood,  and (d) was understood by users, to signify permission to use the land.  The QC acting for the Council confirmed that not one of these criteria had been met.  There had been no communication (such as a notice), no action during the hours of daylight, no intention by the landowner to grant permission and no understanding by users of the land that locking the gates late at night (which was done expressly for security reasons in response to  the request of local residents) was intended to signify that they no longer indulged in lawful sports and pastimes as of right.  Even if there had been such implied permission, the law says the Council must disregard it.   In reaching their decision on the disputed facts of the case, both councillors decided to ignore the law.

The legal advice the Council  has received was that because one of the objectors was the Council itself, it was acting as ‘judge and jury in its own cause’. So very great care was needed to ensure the decision-making process was above reproach and as independent as the statute allows.  Later this year, it will become mandatory in cases such as this where there is a conflict of interest because a council has a financial stake in the outcome, for any application to be passed to the Planning Inspectorate for decision.  But at the moment Greenwich Council (unlike for example, Kent) is not obliged to do this, though most Councils already arrange for such cases to be heard by an independent person, in accordance with the advice of the Government, the Courts and best practice.  The Council’s own QC advised the councillors that it would be proper for them to refer the decision to an independent decision-maker. But the two councillors decided to determine the disputed facts themselves.

Greenwich Property has already sold off part of the Gardens and used the proceeds to finance Council developments in Woolwich, even though the site is classified as an area of local open space deficiency where open spaces are required by the Council’s own policies and the London Plan to be protected.  The Council has fought strenuously not to lose the right to sell off the rest of the gardens for development, getting no less than five different legal opinions for arguments to reject the application.  It threatened to take the case to the House of Lords and  even to the European Court of Human Rights to seek compensation if it lost the right to sell or develop the land. 

The land is henceforth deemed to be used by implied permission which the Council can withdraw without notice if it needs extra money and wishes to sell more of the gardens.  This  means the Greenwich Steiner School could find it will have taken a 150 year lease on an expensive building with nowhere for its pupils to play.  The new  flats already built in the gardens (against the recommendation of English Heritage and the Council’s own Conservation officer) will be less attractive homes.  Loss of access to the gardens would also make it more difficult to attract weddings or play-groups to the local Community Centre, Mycenae House (which shares the grounds) with damaging financial consequences at a time when the Council is trying to persuade it to commit to a 25 year lease and financial responsibility for repairs and maintenance.

Attending the Village Green Hearing

Don’t bother to try to find any information about the Village Green Hearing by the General Purposes Committee on the Council’s website.  The meeting is not shown on the list of forthcoming meetings.  No agenda is shown on the website, and there are no minutes, decisions  or agendas from previous meetings shown either.  

The name of the committee officer, the person who has to be notified if you wish to speak, is therefore not shown.  So the information at http://bit.ly/12qQX  on how to attend and speak at meetings is of no help whatsoever.

Nevertheless, the meeting is open to the press and public.  It starts at 18.15 on Wednesday 11th February and will be held at the Town Hall, Wellington Street, Woolwich, SE18 6PW.   If you want further information about the meeting or to ask to speak at the meeting, the person to contact is Merle Medford, the Committee Officer.  She can be contacted on:_

Telephone:   020 8921 5134

Minicom: 020 8921 6268

Fax: 020 8921 5864

e-mail: merle.Medford@greenwich.gov.uk

If you have not done so in advance, you can still ask to speak at the meeting, provided this is done before the meeting starts.

Future of Mycenae Gardens – Update

To protect any more of Mycenae Gardens from being sold by the Council, an application has been made by members of the local community to register the gardens as a town or village green. The application will be decided on Wed Feb 11th at 18.15 at the Woolwich Town Hall by a Committee of the Council.  This means that the Council is acting 'as judge in its own case'.  Members of the public can attend and (if arranged in advance) speak at the meeting.

 The Council has described the gardens, as  ‘a well used and much treasured oasis used by local people and Mycenae House users alike.  They are ideal for wedding parties, picnics, informal children’s games etc.”  They have been used in this way since the Council bought them in the 1960s. The gardens therefore seem to meet all the statutory criteria for registration as a Town or Village Green under a law introduced in 2007, e.g. that a significant number of local residents have indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years.  The only point that the Council disputes is whether they did so ‘as of right’, that is without being given permission to do so by means of some form of communication, such as public notice. 

The Council concedes that it has no evidence of any such communication or that people have not use it ‘as of right’.  It made no attempt to refute the applicant’s evidence.  Moreover the law says that once the 20 period has been achieved, any such grant of permission must be disregarded.  But the Council seems likely to reject the application. If the land were registered, the Council would no longer be able to sell off any more for development.  It has threatened to go to the European Court of Human Rights  to seek compensation if it loses the ability to sell off the gardens to raise revenue.

 The QC instructed by the Council advised them that “Basic fairness requires that where a matter depends in whole or in part on a determination of fact on which there is no appeal, the decision–maker must be as independent as the statute allows”  

The regulations that came into force in 2008 go further than that.  Regulation 27(2) provides that a Town or Village green application must be referred to the Planning Inspectorate for determination where a Council as registration authority has an interest in the outcome of the application and there is unlikely to be confidence in the authority’s ability impartially to determine the application. 

 The Council has already sold off some of the land to finance Council developments elsewhere. It could no longer do this if the land were registered as a village green.  So the Council proposes to decide the application itself rather than refer it to an independent body like the Planning Inspectorate, a relatively cost-free alternative routinely used for disputed planning applications.  The Council has already sought 5 – largely irrelevant – legal opinions at considerable cost.  A formal complaint by the applicant about the conflict of interest has been rejected by the Council’s Chief Executive.

 A major beneficiary of registration as a village green would be the Greenwich Steiner School.  The school reportedly is committed to a 150 year lease for the buildings; but if the application were refused, its use of the land for sports and pastimes would be by permission which could be withdrawn at any time if a future Council decided to sell off the land for development.  It is difficult to see how the school could be viable without the area the pupils have used as a playground for a decade or more.  

Concern has been raised about the future of  new flats on the site. Whatever view is taken of the flats (which are now virtually complete and were built in the grounds of a Grade II* listed building contrary to the explicit recommendation of the Council's conservation officer and English Heritage), the courts have ruled that land does not become a town or  green until it is actually registered and the 19th Century statutes protecting greens are unlikely  to apply to works or encroachments that were made prior to registration.  The prime objective of the application is, therefore, to prevent any further development of the land. This seems in the interest of all users, including the school.

 

Further information from Lawrence Smith (8858 1006) – LFTSmith@orange.net

Future of Mycenae Gardens

After much delay, the Council has indicated that the application to register the grounds of Woodlands/Mycenae House as a town or village green will be decided in February by the Council's General Purposes Committee.  The meeting, which will be open to the public and at which local residents can (if they request in advance) express their views, is  provisionally set to begin at  6.00pm on Wednesday  11^th February. Further details of the arrangements will be posted on  http://westcombe.blogspot.com/

Contrary to the advice of the courts, the Government, and legal advisers of other local authorities in similar cases, that "no man shall be the judge in his own case”,  the Council has decided not to follow the procedures to avoid such conflicts of interest that Parliament set up in the 2006 Act.  Instead, the dispute between the Council (as landowner) and the applicant on the facts of the case will be decided by a small committee of the Council itself, against which there is no appeal.

The Council has stated that it reserves the right to appeal to the House of Lords and to the European Court of Human Rights for compensation if it loses the right for further property development on the rest of the gardens (which would be protected from such development if registered as a town or village green). 

The Council  used most of the £1.6 million proceeds of an earlier sale of part of the Gardens to finance new Council developments in Woolwich, notwithstanding its public statement that the proceeds would be used to "support the refurbishment and long-term preservation of Woodlands, Mycenae House and the grounds"

January 2009 Planning Applications

Weekly List Date: 4/2/2009  

7 MYCENAE ROAD, BLACKHEATH, LONDON, SE3 7SF  APPROVED

Ref 09/0198/TC  See     http://bit.ly/5Kt7k

Fell cherry tree in rear garden and replace with apple tree

Case officer: Debi Rogers Telephone: 020 8921 5661

Registration date: 3 February 2009

Site Notice Date: : 3 February 2009

Deadline for objections: 24 February 2009

We considered that felling the cherry tree was not an appropriate response to dealing with a tree with ivy. Also the applicant was not the owner of the tree

1A COLERAINE ROAD, BLACKHEATH, LONDON, SE3 7PF  

Ref 09/0195/TC   See http://bit.ly/I0Ha    APPROVED

Crown reduce and thin by 30% lime tree in front garden

 Case officer: Debi Rogers Telephone: 020 8921 5661

Registration date: 3 February 2009

Site Notice Date: No Public Consultation  

Weekly List Date: 28/1/2009  

30 FOYLE ROAD, BLACKHEATH, LONDON, SE3 7RH Ref 09/0085/F     APPROVED

Installation of modular front access steps, platform and handrail for disabled user   See http://bit.ly/2HI7v

Case officer: Alex Smith  Tel: 020 8921 5894

Registration date: 6 January 2009 

Site Notice Date: : 28 January 2009  

Deadline for objections: 18 February 2009

Weekly List Date: 14/1/2009 

25 FOYLE ROAD, BLACKHEATH, LONDON, SE3 7RQ   Ref 08/3104/F  APPROVED     See http://bit.ly/1HXNJ

Erection of a single storey side infill and rear extension

Case officer: Alex Smith  Tel: 020 8921 5894 

Registration date: 16 December 2008 

Site Notice Date: : 21 January 2009

Deadline for objections: 11 February 2009

35 FOYLE ROAD, BLACKHEATH, LONDON, SE3 7RQ   APPROVED

Ref 08/3090/F  See   http://bit.ly/pX77T

Erection of a single storey rear infill extension 

Case officer: Alex Smith  Tel: 020 8921 5894

Registration date: 11 December 2008

Site Notice Date: : 14 January 2009

Deadline for objections: 4 February 2009

37 FOYLE ROAD, BLACKHEATH, LONDON, SE3 7RQ  Ref 08/3091/F

Erection of a single storey rear infill extension (Resubmission)  

See  http://bit.ly/GCypU     APPROVED Case officer: Alex Smith  Tel: 020 8921 5894

Registration date: 11 December 2008

Site Notice Date: : 14 January 2009

Deadline for objections: 4 February 2009

55 WESTCOMBE PARK ROAD, BLACKHEATH, LONDON, SE3 7QY

Ref 08/3071/F   See http://bit.ly/pkWN

Replacement of existing timber windows with UPVC windows

Case officer:  Louise Allwood tel:  020 8921 5302

Registration date: 11 December 2008

Site Notice Date: : 14 January 2009

Deadline for objections: 4 February 2009

The Society objected to the Council’s application to replace timber windows with uPVC in this locally listed building. uPVC is is not recyclable and produces toxic compounds if incinerated and which can get into groundwater if sent to landfill. There are suitable timber alternatives.'

71 MYCENAE ROAD, BLACKHEATH, LONDON, SE3 7SE

Ref 08/3069/F  See http://bit.ly/b8uF8

Installation of a 3m high fence to rear boundary and replacement of existing summerhouse with timber summerhouse    APPROVED

Case officer:  Louise Thayre tel:    020 8921 5302

Registration date: 3 December 2008

Site Notice Date: : 14 January 2009

Deadline for objections: 4 February 2009

101 MYCENAE ROAD, BLACKHEATH, SE3 7RX Ref 09/0129/TC

pollard lime tree in rear garden left hand side to main fork See http://bit.ly/pBcLt

Case officer: Debi Rogers Telephone: 020 8921 5661  

Registration date: 9 January 2009   APPROVED

Site Notice Date: No Public Consultation

Deadline for decision: 11 March 2009

PARKSIDE, BLACKHEATH SE3 7QQ Ref 09/0133/TC

Pruning and lifting of various trees as per schedule dated 16.1.09 and allocated drawing (includes the removal of two dead/dying trees one cherry and one robinia which are exempt) See http://bit.ly/Fcpgo

Case officer: Debi Rogers Telephone: 020 8921 5661   APPROVED

Registration date: 9 January 2009

Site Notice Date: No Public Consultation

Deadline for decision: 11 March 2009

Heathview, 51B Westcombe Park Road, Blackheath,  SE3 7QZ

Ref 09/0108/F   See http://bit.ly/C5KYg    APPROVED

Replacement of two rear windows with Timber Sash windows, rear door with Timber French doors and one front window with Timber Sash window

Case officer:  Louise Thayre tel:    020 8921 5302

Registration date: 8 January 2009

Site Notice Date: : 4 February 2009

Deadline for objections: 25 February 2009

120 Westcombe Hill, Blackheath, London, SE3 7DT  

Ref 09/0139/F    See http://bit.ly/17jRkn REFUSED

Formation of a loft conversion with rear dormer window and rear and side rooflights  

Case officer:  Louise Allwood tel: 020 8921 5302

Registration date: 12 January 2009

Site Notice Date: : 4 February 2009

Deadline for objections: 25 February 2009

LAND REAR OF 27 VANBRUGH HILL, BLACKHEATH, SE3 7UJ

Ref 08/2924/F   See http://bit.ly/4iOtgs REFUSED

Construction of a 2 bed house

Registration date: 14 January 2009

Site Notice Date: : 11 February 2009

Deadline for objections: 4 March 2009

Weekly List Date: 7/1/2009

Waterfront Transit - Phase 1 Ref 08/3115/C   CANCELLED

See     http://bit.ly/4tvs4L      Works and alterations to: North Greenwich/Charlton Pilot Busway (SE10), Southern Way Busway (SE10), Commercial Way (SE10), Peartree Way (SE10), (part of) Bugsby's Way (SE10/SE7), (part of) Anchor and Hope Lane (SE7), (part of) Woolwich Road (SE7) Woolwich/Thamesmead Woolwich Church Street (SE18), (part of) John Wilson Street (SE18), (part of) Wellington Street (SE18), (part of) Thomas Street (SE18), (part of) Woolwich New Road (SE18), (part of) Beresford Street (SE18), (part of) No 1 Street (SE18), Duke of Wellington Avenue (SE18), Tom Cribb Road (SE28), (part of) Pettman Crescent (SE28), (part of) Western Way (SE28), (part of) Central Way (SE28) Abbey Wood Carlyle Road (SE28), Harrow  Manorway (SE2)

Case officer: Janet Stewart Tel: 020 8921 5862

Registration date: 11 December 2008

Site Notice Date: :   -

Deadline for decision : 12 March 2009

A2 Roadworks

Major rebuilding of the A2 between Blackheath Hill and Goffers Road is planned to start on Sunday 15th February 2009 lasting for about 3 months. These works have been threatened for the last 5 years, but have never materialised, so don't be surprised if they are postponed yet again! The existing plan for the initial three weeks is now not for a complete closure of the road, but for a one-way operation for westbound traffic with eastbound traffic diverted via Lewisham. The heavy lorry ban in Greenwich town centre is also being lifted so expect jams on all routes to the centre out of Westcombe Park and try out the Clipper boat service instead.