Planning-Tips on Apps

Riddlesdown is to some extent under threat from developers and owners who wish to profit from the over development of the area, from back land development and new build on vacant sites although to a certain extent, it is not as bad in our locality as some other areas in Croydon. Fortunately we abut a large area of green belt wood and farmland, so under current planning laws, this land is safe from development.

Croydon Council (our local authority) base most of their planning decisions on the Unitary Development Plan (UDP), which plans for the development of Croydon on a longer term. The UDP is publicly available in hard copy and on line. The current UDP was adopted in July 2006 and is now known as the London Borough of Croydon Replacement Unitary Development Plan, and also more simply as 'the Croydon Plan'. A new 'Core Strategy' is currently under review and revised version is expected by the end of 2012. To view the current 2006 Croydon Plan, click here.

Croydon Council’s proposed new “Core Strategy” document and maps are available to view here. Link

Croydon Council are governed by planning laws and they take advice from their professional planners. Planning controls are used to arbitrate in these situations. Deciding to grant or refuse a particular application requires various competing needs to be weighed against each other and each case is usually based on merit. However, this must be done so that the area is not overdeveloped making Riddlesdown too urban. Generally most applications for residential dwellings in Riddlesdown are extensions to existing buildings. However we do occasionally come across new larger developments.

If you want to alter or improve your home:

The Town and Country Planning Act 1990 states that development, which includes all new buildings, building extensions, changes of use and residential conversions, requires planning permission.

For house extensions, planning permission will not be required for many alterations and extensions to your house if they don't exceed a specified cubic capacity. However, there are limitations as to size, which vary depending on the type of house, its location and the situation of the property. For example, more stringent limitations apply within conservation areas and particular rules apply to porches. Likewise, many works within the property boundary (curtilage), such as garden sheds and detached garages are permitted, subject to limitations relating to their size and position.

Since 1 October 2008, householders have been given more leeway in building extensions without planning permission with the introduction of the General Permitted Development Order (GPDO) 2008. View an interactive guidance for householders on the Planning Portal website

However an additional feature of this new regulation is that any hard surface (primarily for off road parking) situated between a wall forming the principal elevation of a house and highway that exceeds 5sq m, then the hard surface must be made of porous materials or the rainwater directed to a lawn or drain naturally. These regulations apply only to houses and not flats.

However you will NOT need planning permission if a new area, uses permeable or porous materials (known as SUDS), which allows water to drain through, such as gravel, permeable concrete block paving or porous asphalt, or if the rainwater is directed to a lawn or earth border to drain naturally. If the surface to be covered is more than 5 sq metres, planning permission will be needed for laying traditional, impermeable materials that do not control rainwater running off onto roads. Building Regulations will not generally apply here. However you will need to make sure that any alterations do not make access to the house, any less satisfactory than it was before. So for example, changing levels to introduce steps where none existed before would be a contravention of the regulations.

If you are making a new access into the garden across the Council's footpath, then you will need to obtain permission from the Highways Department and pay their costs for a dropped kerb. In some instances, if the new dropped kerb is made onto a main principal road, then planning permission may be required.

If you want to alter or improve your home, put up a building in the garden or build an extension, and you are not sure whether it is permitted, it is best to always check with the Planning Department first on 020 8726 6800.

Improvements or development by others:

Croydon Council will write to all neighbouring properties to the proposed site, if they consider your property will be influenced by a nearby development. However from April 2012, adjoining owners will no longer be notified by letter from the Council, as part of cost savings!. If you don't receive a letter but find out about the planning application from the internet, newspaper or a site sign, it is still permissible to write and object if you don't like the proposed scheme. All residential planning applications submitted to the Council in our area are listed by street name or for non residential and can be viewed from our homepage.

If you don't like the proposed improvement/development:

If you disagree with the improvement/development, write to the Planning Department expressing your reasons (see below for some valid reasons). There is a time limit for comments, usually three to four weeks after public consultation, although they will accept all comments up to the date when a decision is made. However it is better to raise your concerns sooner rather than later. If it is a significant development don't wait for others to organise a group to resist the development.

Contact the surrounding neighbours personally or by flyer/letter to gauge their feeling and/or gather support.

If the general attitude is to resist, then start to form a group and share the work that is involved.

Contact one of RRA's committee members for advice.

The more individual letters the Planning Department receives, the more notice will be taken of local opinion before the Planning Department expresses their recommendation to the Planning Committee.

From June 2010, there will be two Planning Committee’s. The Strategic Planning Committee which will meet every 6 weeks and will deal with very large applications (major schemes) and the Planning Committee which will meet every 3 weeks and deal with other controversial cases.

To get an application to either of the Planning Committees, residents should note that:

It requires 12 objection letters from residents, or a petition with at least 20 signatures.

Objections received from Residents Associations (which the RRA is a recognised Association), will no longer automatically result in a committee referral. Instead they will count alongside those objections received from local residents and businesses.

Or contact your local Ward Councillor and ask if they will make a referral (an objection by them) on your behalf of you and/or your neighbours. However Councillors can only make a referral, within 5 weeks of the date of the application being registered.

At either the Council's Planning Committee or Strategic Planning Committee meeting:

The Chairperson of either of Planning Committee’s will allow only 1 objector and the referring Councillor to speak for a maximum of 3 minutes each, stating their reasons for objecting.

The applicant or their representative, can if they wish put forward their reasons for the application, again for a maximum of 3 minutes.

All parties who wish to address the committee must notify the committee clerk by 4pm on the Tuesday prior to the day of the meeting. Email or telephone should be used for this purpose. This communication should provide the name and contact details (email address and/or phone number) of the intended speaker so that changes in arrangements can be communicated.

On the night of the committee meeting, anyone who has notified the committee clerk that they wish to address the committee must register their attendance at the Town Hall with the committee clerk at least 15 minutes before the meeting starts.

Where more than one objector has registered to speak and the arrangements have

not been resolved in advance, the committee clerk will inform the parties involved

as they register so that they can decide either who will address the committee or

how they will divide up the three minutes allocated to them. Objectors are expected

to come to an agreement between themselves on this. Where objectors cannot come to an agreement, the chair will decide who will be accorded the right to speak. Preference will normally be given to those who are potentially most affected by the planning application and particularly those closest to the application site.

All those involved in public speaking are restricted to a verbal presentation only.

The distribution of additional material or information to members of the committee is

not permitted once the meeting starts. If a speaker, or any other member of the

public, wishes to bring material to the committee’s attention they need to either

supply it to officers, if it is written material, by noon on the day of committee to

include in the Addendum Report (see below for procedures, limitations and

deadlines) or send it direct to members before the meeting.

Reasons for objecting to a planning application:

You should include as many of the following as appropriate to the planning application (this list is not exhaustive). Some design guidelines are available from the Council’s Urban Design Policies, Chapter 4 Link

1. Density:

Are the proposals in excess of the densities reflected in the adjoining properties ? Are the new building(s) being crammed in across the site with a loss of spacing. Is the density out of character with the area? Government policy up unto June 2010, encouraged a higher density of residential development within existing settlements than might have been considered acceptable a few years ago. This included infilling within existing residential areas. However, the coalition Government changed this “garden grabbing” approach in June 2010, and so objections based primarily on the density of the proposed development or on alleged overdevelopment of the site, could be used as persuasive arguments against such proposals. The effect of the development on the character of the neighbourhood has always been, and remains, a factor which may lead to the refusal of planning permission, so you and neighbours should not hesitate to raise issues of density and possible overdevelopment of the site as well as the adverse impact which the proposed development might have on the character of the neighbourhood.

2. Bulk and massing:

Will there be loss of character in the area that affects the street scene with the proposed development. If the application is for flats and there are mainly houses in the close proximity, then say so. The Council's own planning policy (H5) says that 'residential development on back garden and back land sites will only be permitted where it respects the character and protects the amenity of adjoining residential areas. The form, layout and site area should respect the existing character'.

3. Parking facilities on the site or on public roads and effect on through traffic :

The development may have insufficient consideration for the number of cars that will be parked at the site or use the public highways. There are detailed rules for calculating the minimum number of parking places and access onto public roads. Although the Council's own Planning Car Parking Standards say developers should allow a maximum of 2 spaces for detached and linked houses, 1.5 spaces for terraced houses and flats and 1 space for flats, this criteria is seldom met and approvals are sometimes given with less parking. Is there visitor and delivery parking ? On traffic flows and highway parking and highway safety, the Council will consult their own Highways Engineers, so any objections here need to be detailed and carefully worded and if necessary photographs/detailed surveys supplied, to back up your argument.

4. Trees:

A dim view is taken with loss of trees especially mature ones. This includes the consideration of earthworks during the construction. This is usually unacceptable in an area such as Riddlesdown where trees are a major feature in the landscape and should be retained where possible. Some trees on the site may already have Tree Preservation Orders (TPO's) on them. Check with the Planning Department to see if this is the case.

5. Will you be overlooked (from windows/balconies etc) and have a loss of privacy?

If the development is large or inappropriate with windows/balconies/patios that may overlook adjacent property owners, with a subsequent significant loss of privacy, then say so.

6. Wildlife:

Riddlesdown has much wildlife including many bird, fox, deer, bat, dormouse and badger populations and it is crucial to retain this invaluable habitat that is essential to the survival of wildlife.

7. Loss of light and overshadowing:

Will the new building take any prescriptive rights of light from any existing doors and windows, particularly to habitable rooms. Will there be extensive loss of sunlight to habitable rooms. If so, say so.

8. Noise and disturbance:

If the application is for a commercial change of use and is next to or close to existing residential dwellings then highlight the possible noise disturbance from the trade use and the additional traffic movement that might take place. Indicate any possible smells that may emanate from the proposed site/application. Note: the Planning Department cannot take into account, the noise or nuisance or disturbance that the building work will cause.

9. Loss of view:

A fair number of buildings in Riddlesdown are built on slopes. One point which could be relevant in planning terms, is the loss of a view. It has been said that “there is no right to a view”. Whilst that is correct in legal terms, it does not mean that the loss of a view is necessarily irrelevant to planning. The enjoyment of a view could be an important part of the residential amenity of a neighbouring property or properties, and its loss might therefore have an adverse impact on the residential amenity of that property or properties. Loss of a view from a public viewpoint might also have a wider impact on a neighbourhood, and such matters ought to be taken into account when they are raised, although the decision can often be at the discretion of the Planning Officer. There is no hard and fast or legal rule here.

10. Croydon Council’s and Government Planning Policies:

And finally, study the Council’s “Croydon Plan” and Government planning policy on the Planning portal website (the links are above). Try and ensure that the proposed development submitted, complies with those policies. If you don’t think it does, say so.

If you like the proposed improvement/development:

If the proposed development is acceptable then either support it by writing to the Council's Planning Department, or make a comment on line via the Council's Planning page website, or do nothing.

Some things Planners won't take into consideration for planning purposes, so don't say :

1. 'I don't like the look of the proposed building or structure'. Give your reasons from some as outlined above.

2. 'It will depreciate the value of my property'. Planners are not concerned with the monetary value of any proposed development or the effect on existing dwellings as this doesn't come within planning laws. So don't bother mentioning it.

3. 'There have been repeated planning applications on the site' – an applicant/owner can make as make applications as they like and multiple applications are quite common. In some respects developers try to 'grind down' local residents', who object to their scheme(s).

4. 'The development is purely for financial gain and the dwellings might remain un-sold'. Again this is not a planning consideration.

5. I don’t like the applicant or business, (unless a previous complaint about noise has been made to the Council). The Planners will also not consider any racial or ethnic origin of the applicant, religious, political, or any other personal vendetta against the applicant, so don’t both mentioning it.

Involvement of Riddlesdown Residents' Association (RRA):

The RRA review the planning application, and decision list weekly so the chances are, we will have picked up the planning application and posted it on this website.

It is not normally the RRA's policy to intervene in disputes between neighbours or to raise objections to the Council, regarding each and every residential application, unless the Committee consider it will have a detrimental effect on the neighbourhood. This is usually left for adjoining residents to make comments to the Planning Department. However, we are contacted, on a number of occasions by residents asking us to intervene in disputes regarding planning, boundary walls and hedges. We normally refuse this request, as it should be something that neighbours should discuss between themselves. We do NOT give advice to third parties about house purchases and/or associated planning applications.

We only intervene if the RRA Committee considers it is in the best interests of many residents in the locality. If you are thinking of extending your property or erecting a new structure within your garden, then please do discuss and talk it through with your neighbour, as discussions at an early stage can alleviate many problems and the ill feeling that can subsequently develop.

It is the mandate of the RRA, to maintain a watching brief and to ensure that any development merges with, or is complementary to, existing housing or surrounding areas.

If it is a major development or a telecommunications mast, the RRA Committee will consider the application and if necessary write/e-mail the Council on behalf of residents, particularly if the occupiers of surrounding properties have contacted us. In some instances we will involve the Ward Councillors (both Purley and Sanderstead Wards cover our area) to obtain their support.

What can happen after a planning application is refused

Sometimes if Croydon Council refuse a planning application, the applicant or his/her agent have the right of appeal to the Planning Inspector. This appeal normally has to be lodged within 6 months of the Council's decision date. Unfortunately there is no right of appeal for adjoining owner(s), if they disagree with the Council's decision in granting approval to a scheme.

The Planning Inspector (based in Bristol) appointed by the Government's Secretary of State, can then decide how the appeal will be heard. In most cases this will be in writing with the Council submitting all the paperwork to the Planning Inspector. If it is a large development then the Planning Inspector may call a Local Public Inquiry normally held in the Croydon Town Hall and this can last a few days or a number of weeks.