Ward: Purley DELEGATED BUSINESS MEETING Lead Officer: Head of Planning Control week of 23/03/2009

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1 Ward: Purley DELEGATED BUSINESS MEETING Lead Officer: Head of Planning Control week of 23/03/2009 Application No. 09/00389/LP Whytecliffe Road South, Purley, CR8 1. SUMMARY 1.1 This report concerns an: Application for a lawful development certificate (proposed) for: Demolition of all buildings ; erection of 1 two/three storey building and 1 five/six storey building comprising a total of 87 flats and use of part of the ground floor for purposes within Cla A2 (financial and professional services) or B1 (business); formation of vehicular access provision of associated car parking and cycle parking (amendment to planning permissi 07/00095/P) 2. DECISION 2.1 Certificate Granted Grounds for Determination:- 1. The proposed plans are not considered to be materially different from the permitted proposal and a further planning permission is not therefore required. 3. BACKGROUND (a) Site Description 3.1 The site is situated to the north-west side of Whytecliffe Road South and was previously occupied by a former vehicle repair workshop, low rise industrial sheds and a pair of two storey semi-detached buildings, formerly residential but in the case of one unit, last used as an office. The buildings have since been demolished in anticipation of commencing a previously granted planning permission. 3.2 The application site has a frontage of some 46m, and a maximum depth of 65m measured from the centre of the site frontage. The site area is approximately 0.29 hectare (0.73 acre). The land falls from south-east to north-west. Whytecliffe Road South is a Borough Distributor Road. 3.3 The former car repair workshop was positioned towards the western boundary of the site and on lower ground adjacent to the rear gardens of a two storey residential terrace fronting Woburn Avenue. There was also a large single storey workshop to the front of the site fronting Whytecliffe Road South. A service road was located

2 between the workshop and number There is a large three storey public car park with basement parking, situated to the south of the application site. Astoria Court is a large six storey residential building fronting Whytecliffe Road South and Purley Parade and lies to the north of the site. To the north-east there is a community hall/social club (Whytecliffe Road Reading Room), serviced offices at nos. 65/67 and Azalea Court which is a 4 storey residential development. Two storey residential properties in Woburn Avenue back onto the north-western boundary. 3.5 The surrounding area is mixed in character containing two and three storey houses, residential estates, shops, offices and the Purley Railway station to the south of the site. The whole site lies within the Purley Town Centre area for which a regeneration strategy has been drawn up and which identifies problems and opportunities for improving the town centre. 3.6 The site is identified in the adopted Purley Town Centre Supplementary Planning Guidance Note13 as a site with development potential for high density, high quality residential development with ground floor retail/commercial uses. (b) Planning History /03277/P An application for outline planning permission was refused for the demolition of 53a and 55-61Whytecliffe Road South and the erection of four/six/seven storey building comprising 73 flats with basement parking for 40 cars and formation of vehicular access; alterations and conversion of 53 to form 5 one bedroom flats /2563/P This application was for full planning permission for the demolition of 53 and Whytecliffe Road South and the erection of a 1 two/three storey building and 1 six storey building with basement comprising 1 unit within class A1 (retail), or A2 (financial and professional services) or B1 (business) 38 one bedroom, 36, two bedroom and 1 three bedroom flats along with the formation of a vehicular access and associated car parking and cycle parking. The application was the subject of an appeal against the failure of the Council to determine the application within the statutory time period. The appeal was subsequently withdrawn /0914/P- At nos. 52 to 61 a proposal for the demolition of the existing buildings other than 53 Whytecliffe Road South and redevelopment to include 72 flats and 66 sq m of commercial space on the ground floor and 13 car parking spaces was the subject of an appeal against non-determination. The appeal was contested but was subsequently allowed with planning permission being granted on 29 September /2053/P - An application at nos. 53 to 61 was for full planning permission for the demolition of all buildings except No. 53 Whytecliffe Road South and the erection of a one/ two/three storey building and 1 six storey building comprising 25 one bedroom, 40 two bedroom and five three bedroom flats; alterations and extension to no. 53 and use of ground floor for commercial purposes with a one bedroom and one two bedroom flats over; formation of a vehicular access and provision of associated car and cycle parking spaces. This application was entered in the Planning Register as Not Determined /1113/P - A planning application was submitted but subsequently withdrawn for the demolition of all buildings on the site including numbers Whytecliffe Road South and the erection of 1 two/three storey building and 1 five/six storey building comprising a total of 88 flats and use of part of the ground floor for purposes within Class A2 (financial and professional services) or B1 (business) formation of vehicular

3 access and provision of associated car parking and cycle parking /0095/P - Planning permission was approved (subject to a legal agreement) for the demolition of all buildings on the site including numbers Whytecliffe Road South and the erection of 1 two/three storey building and 1 five/six storey building comprising a total of 87 flats and use of part of the ground floor for purposes within Class A2 (financial and professional services) or B1 (business) formation of vehicular access and provision of associated car parking and cycle parking. (c) Proposal The application is for a Certifcate of Lawfulness for a development which involves a number of changes to the previously permitted scheme (07/0095/P, which overrides but still includes elements of development previously approved scheme under 05/0914/P). The applicants have therefore requested whether the proposed changes can be accepted as minor changes to the approved application.if they are minor changes they would not require the submission of a further planning application for consideration. There are however a fair number of changes that need to be considered to ascertain whether they are appropriate or not within the context of the previous permissions. The plans have also been amended during the course of this application. The changes are identified in the applicants documentation and drawings, although key points are summarised below:- Description of the development remains the same, 87 flats still proposed, Dwelling mix changed to 40 one bed, 37 two bed and 10 three bed (was 37 one bed, 40 two bed, 10 three bed) Total number of hab rooms therefore reduced from 234 down to 231, ie. density reduced. The siting of the buildings remain the same. Frontage block: The general external appearance remains the same The slab level has increased in part by 0.2m, although the remaining floors and overall height of the building remains the same as previously approved, The two entrances to the flats have been redesigned and re-positioned (both are now from within the undercroft area), The levels and parking areas within the undercroft area have been re-designed, Internally the flats have been substantially re-configured and the internal layouts changed, including alterations to the position of the central stair cores, corridors and entrances. Window positions remain the same, generally serving the same rooms as previously proposed (habitable/kitchens/bathrooms etc). The internal layout of the units to the south of the undercroft were not originally shown on the approved plans, and their internal layout has now been clarified by this application. Central courtyard The number of parking spaces remains the same at 13 (including 2 disabled), The positioning of the parking bays have been altered, Gradients and levels within the courtyard have been changed, but generally are up to 500mm higher, Access arrangements into the buildings (ramps and steps) have been altered to accommodate changes in levels, Landscaping details have been clarified, The refuse store has been re-sized and relocated to the rear of the Whytecliffe Road Reading Rooms,

4 One of the external cycle stores for the main frontage block has been removed (with cycle storage now being incorporated within the main block). A new cycle store for the rear block has been incorporated adjacent to the new bin stores to the rear of the Reading Rooms, An area for an electricity substation has been identified (replacing the original cycle store). Rear block The external appearance remains largely the same. Window openings remain the same. Some balcony/terraced areas have been removed Internally that layout of the flats have been substantially reconfigured. The slab level and relative levels of all floors remain the same. The overall height of the rear of the rear block in relation to the land levels of the land on the site boundary is approximately 400mm lower than that assumed under 07/00095/P scheme. Note that the 2007 approved scheme did not include details of the rear elevation of rear block. The eaves height of the rear block is less than that envisaged in the 2007 scheme (albeit that it is unclear what the height was throughout the length of the block given that the approved plan only showed a 1m increase on the 2005 scheme to the southern side elevation) The eaves height is therefore no higher than the the 2005 scheme for the majority of its length, other than at the southern end where the proposal is the same as that envisaged in the 2007 scheme. This does result in a slight change to the roof form at the southern end. 4. PLANNING POLICIES The policies of the Croydon Replacement Unitary Development Plan (the Croydon Plan) or any other policies cannot be applied to Certificates of Lawfulness. 5. CONSULTATIONS Not required for Certificates of Lawfulness. 6. CONSIDERATIONS The principal issues are whether the changes are materially different from the approved plans and whether they can be treated as minor amendment to the original planning application. As detailed above there are a large number of changes from the two approved schemes. However, whilst there are a large number of changes each would appear to have minimal impact on the overall form of the development and its impact on its external appearance when viewed from outside of the site. The majority of changes are internal to the development, being either within the courtyard area or within the building itself. As such they will have limited impact on anything outside of the site. The overall form of the development remains the same. The situation with regard to the rear block is not helped by the lack of plans indicating the intended relationship of this block with the adjoining occupiers. However whilst the 2007 plans indicated an increase in eaves level of approximately 1m above that of the 2005 plans, the current plans the subject of this application indicate a reduction more akin to the original 2005 plans. Therefore the relationship with adjoining properties is the same, if not better than the original 2005 plans. The proposal would still be subject to the many conditions imposed on the 2007 scheme, which requires full details in respect of several issues such as levels, landscaping, boundary

5 treatment and parking areas. These will ensure an adequate level of control over the the finer details of the proposal and its relationship with the adjoining occupiers. As such it is considered that the revised plans do not result in a development that is materially different from that originally approved.the application for the Certificate of Lawfulness can therefore be granted. 7. ENVIRONMENTAL CONSIDERATIONS Not applicable to Certificates of Lawfulness. However, as before, redevelopment of this brownfield site is acceptable in principle and the development would improve the environment and make more efficient use of the land. In addition the applicant s have agreed to make the necessary contribution towards public open space and sustainable transport initiatives. 8. EQUALITIES CONSIDERATIONS Not applicable to Certificates of Lawfulness. The proposal maintains provision for two car parking spaces for people with disabilities. Gradients and ramps are improved compared with the previous scheme, and the frontage building will include a lift. Internal door openings and hallways throughout the development would allow full wheelchair access. Case Officer: Warren Pierson Contact Officer: Philip Mills Tel: