The Development Control Committee of Bromley Council met on Tuesday 31 August 2010, where they refused planning permission for a new school and housing development at Holy Innocents RC Primary School, and also refused a variation of a condition for a children's day nursery in Shortlands. The committee also noted the first quarterly enforcement monitoring report and discussed the Mayor of London's statement on London Plan targets, agreeing to amend the council's representations.

Planning Decisions

Holy Innocents RC Primary School, Mitchell Road, Orpington

The committee refused planning permission for the replacement of Holy Innocents RC Primary School with a new single-storey school building, 42 car parking spaces, an extension to the playing field, and the retention of a scout building. The application also included the construction of nine detached/linked houses with garages on the current car park area.

Permission was refused for four key reasons:

• The proposal was considered a cramped overdevelopment of the site which would harm the character of the area, contrary to Policies BE1 and BE2 of the Unitary Development Plan.
• The development's siting and encroachment onto designated Urban Open Space would detrimentally impact the open nature of the site, contravening Policy G8.
• The redevelopment of a significant part of the existing playing field for school buildings was deemed contrary to Policy L6.
• The proposed car parking provision was considered inconvenient for users of the church and other community facilities, contrary to Policies C1 and C8.

During the discussion, concerns were raised about the reduction in housing units from a previous application, car parking issues, and the impact on open urban space. Oral representations were heard in support of the application, and Councillor Julian Grainger spoke in objection. Late objections and comments from Sport England were also reported.

50-52 Shortlands Road, Shortlands

Permission was refused for a variation of condition 5 of a previous planning permission (ref 04/00477). The original permission allowed for a single-storey rear extension and a change of use of the properties from residential to a children's day nursery, with three car parking spaces, and crucially, a condition limiting the number of children to 32 at any one time. The retrospective application sought to allow up to 60 children to be accommodated.

The refusal was based on the grounds that the proposed increase in the number of children would be detrimental to the amenities of adjacent and nearby residents due to additional noise and disturbance, contrary to Policy BE1 of the Unitary Development Plan.

The committee further resolved that enforcement action be authorised to secure compliance with the original condition limiting the use to 32 children.

Members discussed concerns regarding increased traffic, parking, loss of amenity space, and noise levels. Oral representations were received both in objection and support of the application. The site is located within the Shortlands Conservation Area.

Tree Preservation Orders

Coral Gibson, Principal Trees Officer, gave a presentation on Tree Preservation Orders (TPOs) within the borough. She explained that TPOs are legal documents protecting trees from excessive pruning or felling, with owners potentially required to replace protected trees. Any type of tree can be protected. A total of 2,535 TPOs have been issued in the borough, with 56 issued in 2009. Mrs Gibson highlighted problems caused by trees to properties and footpaths, as well as issues affecting trees themselves. Penalties for felling or damaging a protected tree can include fines of up to £20,000 in a Magistrates' Court, and potentially more in a Crown Court, though deliberate destruction must be proven. Permission to fell a tree is not required if it becomes dangerous or dies due to circumstances like an 'Act of God'. The council could be liable for compensation if a protected tree causes damage to property.

Link Between Licensing and Planning

Paul Lehane, Food, Licensing, Occupational Health and Safety Manager, presented on the work of the Licensing Team and its links with planning. He noted that while planning permission should ideally precede a licence, it is not a legal requirement. However, guidance from the Secretary of State suggests that premises licence applications for permanent commercial premises should be submitted where planning consent has been granted. Mr Lehane explained that licensing committees are not bound by planning committee decisions, and vice versa. He highlighted that the majority of licensing applications involve alcohol, with 700 licences currently in the borough. The Licensing team liaises with police licensing officers who can object to applications on the grounds of crime and disorder. The Chief Planner endorsed the need for close collaboration between the Planning and Licensing Teams, and Councillor Mrs Anne Manning suggested that where planning and licensing policies impact each other, a report should be submitted to both the General Purposes and Licensing Committee and the Development Control Committee.

Enforcement - Quarterly Monitoring Report

The committee received and noted the first quarterly enforcement monitoring report for 2010/11, covering the period from 1 January to 30 June 2010. The report detailed that 46 enforcement notices were issued during this period, including 19 for operational development and 12 for breach of condition. Enforcement action was authorised in 98 cases. The report indicated that the number of enforcement complaints remained relatively constant, with approximately 944 received in 2009 and an estimated 960 anticipated for 2010. The most common complaints related to building operations (31%), untidy sites (13%), and commercial activity in residential properties (9%). The report also noted that the Planning Investigation section had been affected by staff retirements, with only one of two experienced enforcement officers replaced, and the technical clerk also having retired.

The Mayor of London's Statement on the London Plan Targets

The committee discussed the Mayor of London's statement regarding London Plan targets, following the government's revocation of Regional Strategies. The council had previously objected to the proposed housing targets in the draft London Plan. The committee agreed to amend the council's representations to the Mayor, specifically regarding Policy 3.3 (Increasing Housing Supply). Councillor Simon Fawthrop proposed that the maximum parking standards set out in the addendum (Chapter 6 - Policy 6.13: Parking) be abolished and replaced with minimum standards, which was agreed by the committee. The agreed amendments to the council's representations emphasised that indicative housing targets should not be used as binding and should be subject to local considerations, and that annual monitoring targets should reflect uncertainties arising from the economic recession and local policy changes.

Bromley Town Centre Conservation Area Statement

Members authorised the commencement of a public consultation period for the draft Conservation Area Statement for Bromley Town Centre. This statement updates existing Supplementary Planning Guidance with regard to recent English Heritage Guidelines and provides additional guidance for the Bromley Town Centre Area Action Plan (AAP). Councillor Mrs Anne Manning suggested that the historical parts of the Civic Centre site, including the Old Palace, should be included in the Statement, but the Chief Planner noted that the Inspector had considered the site but did not propose its inclusion.

Adoption of the Bromley Town Centre Area Action Plan

The committee noted the main recommendations of the Inspector's report and the timetable for the adoption of the Bromley Town Centre Area Action Plan (AAP). The Inspector had concluded that, with a limited number of changes, the AAP satisfied legal requirements and was sound. The committee also noted the valuable work carried out by the Bromley Civic Society, which resulted in two areas of the Civic Centre site being specifically protected and placed on the Statutory List. Councillor Fawthrop's contrary vote to the first resolution was noted. The AAP will be formally adopted by the Executive on 29 September 2010 and by Full Council on 25 October 2010.