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Tips and Guidelines for Planning Applications in Riddlesdown - Updated 8/7/16


 Introduction

 If you want to alter or improve your home

Town and Country Planning (General Permitted Development) Order 1995 (as amended) Schedule 2, part 1 (Class A.1(ea)


Hardstands


 Improvement or development by others

 If you don't like the proposed improvement/development

 Reasons for objecting to a planning application

 If you like the proposed improvement/development

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


 Involvement of Riddlesdown Residents' Association (RRA):

 What can happen after a planning application is refused


Introduction:


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 “Croydon Local Plan”, Strategic Policies (CLP1) which was adopted on 22 April 2013 by the Council. To view the 2013 Croydon Local Plan and maps from Croydon Council’s website click here All planning applications will be considered by the council against the Croydon local plan: strategic policies, as part of the borough's development plan. When thinking about a new proposal for development in the borough, the overall development plan should be considered. This comprises Croydon local plan: strategic policies, the Mayor's London Plan, the saved policies from Croydon's Replacement Unitary Development Plan (UDP) 2006 (The Croydon Plan) and the South London Waste Plan.


The strategic policies are the first part of the Croydon local plan (with detailed policies and proposals to follow). They provide the strategic direction and support the plan's vision for enabling future development in the borough from now until 2031, in terms of homes, shops, jobs, schools, hospitals, leisure and recreation. The Croydon local plan: strategic policies, which is a development plan document (DPD), also includes policy for the protection and conservation of our natural and built environment and how we respond locally to the impacts of climate change.


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. The Council’s SPD2 (Residential extensions and alterations) is quite a useful document to consult. Link


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, since 30 May 2013, the Town and Country Planning (General Permitted Development) Order 1995 (as amended) Schedule 2, part 1 (Class A.1(ea)) secondary legislation was laid before Parliament which increased the size of single-storey rear extensions which can be built under permitted development. It also introduced a light-touch neighbour notification scheme.


For a period of six years, between 30 May 2013 and 30 May 2019, householders will be able to build larger single-storey rear extensions under permitted development. Town & Country Planning (General Permitted Development (England) Order 2015)


The size limits will double from 4 metres to 8 metres for detached houses, and from 3 metres to 6 metres for all other houses. These new larger extensions (i.e. if they extend between 4 and 8 metres, or between 3 and 6 metres) must go through the following process:


1. A homeowner wishing to build a larger single-storey rear extension must notify the local planning authority and provide:

a. a written description of the proposal which includes the length that the extension extends beyond the rear wall of the original house, the height at the eaves and the height at the highest point of the extension

b. a plan of the site, showing the proposed development

c. the addresses of any adjoining properties, including at the rear

d. a contact address for the developer (the householder) and an email address if the developer is happy to receive correspondence by email.


A plan drawn to an identified scale will assist the authority in assessing your development proposal. There is no fee in connection with this process.

2. The local authority may ask for further information if it needs it to make a decision about the impact of the development on the amenity of adjoining properties.

3. The local authority will serve a notice on adjoining owners or occupiers, i.e. those who share a boundary, including to the rear. This will give the address of the proposed development and describe it, including the information in 1(a) above. It will also set out:

a. when the application was received, and when the 42-day determination period ends

b. how long neighbours have to make objections (which must be a minimum of 21 days), and the date by which these must be received


A copy of this notice must also be sent to the developer.


4. If any adjoining neighbour raises an objection within the 21-day period, the local authority will take this into account and make a decision about whether the impact on the amenity of all adjoining properties is acceptable.

No other issues will be considered.

5. The development can go ahead if the local authority notifies the developer

in writing either:

a. that as no objections were received from adjoining neighbours it has not been necessary to consider the impact on amenity, or

b. that following consideration, it has decided that the effect on the amenity of adjoining properties is acceptable


Note: restrictions on permitted development for extensions continue to apply.


6. If the local authority does not notify the developer of its decision within the 42-day determination period, the development may go ahead.

7. If approval is refused, the developer may appeal.

8. The extension must be built in accordance with the details approved by the local authority (or, if no objections were raised or the local authority has not notified the developer of its decision, the details submitted), unless the local authority agrees any changes in writing.

9. The development must accord with all other relevant limitations and conditions which apply to other rear extensions allowed under permitted development..

These are set out in Class A, and include for example, the requirement that the extension must be constructed using materials of a similar appearance to those used in the construction of the rest of the house.

10. To benefit from these permitted development rights, the extension must be completed on or before 30 May 2016. The developer must notify the local authority in writing of the date of completion.


Further details and full guidance on these changes can be viewed on this link to the Planning Portal website  Link


Hardstands


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 may write to all neighbouring properties to the proposed site, if they consider your property will be influenced by a nearby major development. However from April 2012, most 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 weekly, street name or for nearby 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 21 days after the date the public consultation, although they may 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.


However, a word of warning. Petitions are useful to show the Planners the strength of feeling but they are not always effective. Planners usually take on board the arguments being made against the application and these have the greatest weight. Say 100 people, sign a petition and make the wrong argument. This carries very little weight with the Planners, but one person proposing the right argument carries a lot more weight. It is therefore about the issues. So do your homework and once you have got the right issue(s), then the number of people becomes a factor. Make sure the arguments are clearly stated at the top of the petition.


From June 2010, Croydon Council; will have 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.


Under revised procedures brought in by the Council in 2012, to get an application to either of the Planning Committees, residents should note that:


Individuals


Petitions


Ward Members, Greater London Assembly Members and MP’s


Resident Associations and Conservation Area Advisory Panels


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.


Click on this link for a full transcript of Croydon Council’s Planning and Strategic Planning Committee Procedure Rules


National Planning Policy Framework - The Government have issued this advice to Local Authorities in England and it sets out the Government’s planning policies for and how these are expected to be applied.


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).


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 in the Introduction). 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.

Some other tips from Croydon Council’s website - How to comment on a planning application


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.

Weekly Planning List

Streets A- L

Streets M- Z


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

For the Applicant

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.


If you are not the Applicant

Currently there are no third party rights of appeal through the planning system against a decision of a Local Planning Authority.  Therefore, if you have concerns about a planning application and permission is granted, you cannot appeal that decision.  Any challenge under current legislation would have to be made outside the planning system through a process called Judicial Review (JR).


A ‘claim for judicial review’ includes a claim to review the lawfulness of a decision, action or failure to act in relation to the exercise of a public function, in this case, a planning decision. The court’s permission to proceed is required in a claim for Judicial Review.


A claim for Judicial Review is dealt with by the Administrative Court and if leave to judicially review a planning decision is granted, the Judicial Review will be decided by a judge at the High Court. Since July 2013, an application to Judicial Review a decision must be made within 6 weeks of the decision about which you have a grievance being made.


Leave to proceed with a Judicial Review will not be granted by the Court unless there is evidence that a legal mistake has been made – this might include, for example, that the Local Authority failed to take into account opinions put forward (this does not mean that the Council has to agree with them), that the procedure in dealing with the application was flawed, that a Councillor failed to declare an interest, etc.  A Judicial Review will not succeed if it is based solely on a difference of opinion with the decision that has been made.


You will also need to show that you have a clear interest in the decision that has been made.


Leave to Judicial Review must be made to the Administrative Court on a form provided by them, usually via your own legal representative.  If you think that you may wish to pursue a Judicial Review it is strongly advised that you seek your own legal advice as soon as possible after the decision (about which you are aggrieved) has been made.


For further information on judicial review and the contact details for the Administrative Courts, please go to; http://www.justice.gov.uk/


In some instances, some planning appeals can be “recovered” by the Secretary of State, even where the Planning Inspector has “dismissed” the appeal. This means that the Secretary of State, rather than a Planning Inspector, will rule on them and make the final decision. This is usually only done in cases where the development is of strategic importance, has significant implications for national policy or raises novel issues




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