Thursday 7 May 2020

Planning Officer explains next steps in Sudbury Town Station Car Park planning process

There have been raised eyebrows over the decision to defer the Sudbury Town Station Car Park planning application last night after a 4-3 majority voted against against it.

This exchange may help explain (perhaps):


Dear Mr Lorber,

I write in response to your e-mail to Carolyn Downs within which you have questioned the deferral of the Sudbury Town Car Park application.

Members voted against the recommendation to grant planning consent and were minded to refuse planning permission due to impacts associated with the mix of housing (lack of Affordable Rent accommodation and family sized home), loss of station car parking and the impact on the surrounding streets.  Where members are minded to grant or refuse planning permission contrary to the recommendation, officers will often recommend that the application is deferred so that a report may be presented to the Planning Committee setting out the policy basis for their decision.  This is undertaken to ensure that any divergence from policy and the associated impacts of this have been clearly set out.  It strengthens the decision and is vital when defending the decision should the applicant choose to appeal or in the instance that a legal challenge is mounted (a Judicial Review).

The views of the relevant members were clear and a report clearly setting out the policy basis for these matters will be presented to the next Planning Committee meeting.  There was some discussion between members about applicants revising schemes to address concerns raised by members.  In some instances applicants do choose to make changes to schemes to address the concerns raised by members but whilst the Council must accept changes to the scheme that do not result in the need for further consultation, amendments will not be requested by officers.

Development Management Manager
Planning and Regeneration

Thank you for your email. I am aware of the arrangement.

My concern is that none of that was explained during the web screening.

A lay person watching would be confused at seeking the application being Refused after a 2 hour discussion only to find that there was then a 2nd vote to defer it.

They will be even more surprised (shocked) that when brought back with some minor cosmetic changes the Refusal decision may then be reversed and the plans approved.

I hope that if the applicants do make changes they resubmit so that a further consultation takes place which is subject to a site visit where the concerns raised will be easier to highlight and explain.

Regards

Paul Lorber

Wednesday 6 May 2020

Sudbury Labour hail Planning Committee decision on Sudbury Town Station planning decision

Sudbury Labour on its blog has given an account of theor contribution to tonight's Planning Committee decision LINK.

After strong objections from Sudbury Councillors, Brent Council’s planning committee today voted 4-3 against the Pocket Living application. A vote to refer this back to Council Officers and the applicants was then passed by a vote of 5-2. This follows strong objections from local residents and Sudbury Councillors.

For over a year, Sudbury Cllrs Tom Stephens and Mary Daly have provided consistent opposition this proposal, submitting several written objections to the development (all of which are noted in the Committee Report) and supporting residents to carry out their own survey of car park usage. We also spoke out against the application at today’s meeting. You can watch our speeches on the Brent Council website, and a note of our speeches is also copied below (check against delivery).

Councillor Saqib Butt, as a Member of the Planning Committee, remained neutral and objective throughout, but after a fair hearing of the concerns raised decided to vote against both the application and the decision to refer it back to Officers and the developer.

The main reason Councillors gave in voting against the proposal was because it was contrary to the planning policy of both the Local Plan and the London Plan, both of which stress the need for genuinely affordable family housing units to meet the severe need for housing in London. The provision of 52 1-bedroom units, which only just meet the technical definition of “affordability” without being genuinely affordable, will simply not meet this severe need.

We too felt this was by far the strongest grounds for objection, and gave Councillors a clear material reason to reject this proposal – hence why this featured very strongly in our objections. But it was by no means the only concern we had. Between us, we also covered a range of other issues such as the severe lack of disabled parking space, the lack of amenity space for residents and the impact the developement could have on parking pressures for residents. All of these were highlighted in our objections.

We were glad to see that after a fair hearing, the majority of Councillors in the Planning Committee shared these concerns, and declined to offer the application their approval. We will continue, as we have always done, to fight for Sudbury residents on this issue and to closely scrutinise any future applications which come forward.

Speech opposing the development from Cllr Thomas Stephens

Many other objectors speaking today have already given powerful reasons for rejecting this proposal. But in my representation, I wish to focus on the one issue in particular, which I feel which the Committee by far the strongest grounds for refusal.

There are others and I can talk about these in response to questions.

It is simply this: the affordability and housing mix in this proposal is a direct contravention of our Local Plan and the London Plan. None of the grounds the Committee have been given to accept the proposal in spite of this hold water, as I will explain later.

***
I wish to acknowledge at the outset the acute housing crisis facing this country, with Brent the least affordable borough. All of us see this clearly in our surgeries. People who need stable, genuinely affordable homes for themselves, their families, and their children.
But it is exactly these needs which I want to emphasise here in my objection: the needs of families, with children, without a stable home.

***
As Policy CP21 of our own borough’s local plan acknowledges, this acute need can only be addressed through the provision of genuinely affordable family housing units. It requires that new housing provides, and I quote:[1]

“[F]amily sized accommodation … capable of providing three or more bedrooms … [on] sites providing 10 or more homes.”
Planning policy also contains similarly clear provisions on affordability, with the London Plan (Policy H6A) requiring 30% of affordable homes to be either London Affordable Rent or Social Rent.[2]

This need cannot be met through 52 one-bedroom units which only just meet the technical definition of affordability. Indeed this is expressly acknowledged in numerous parts of the committee report you will have all read:
  • It is acknowledged on the front cover, where it states the development is a “departure from policy CP21 of Brent’s local plan.”[3]
  • It is acknowledged on page 6, where it states that the housing mix, “does not fully accord with Brent and London Plan policy targets.”[4]
  • And it is acknowledged in paragraph 14, page 15, where it states “the scheme would be contrary to Policy DMP15(b) of the Local Plan, and both Policy 3.11 and emerging Policy H6 of the London Plan as no flats would be offered at a social or affordable rate.”[5]
***
In all good conscience, I cannot accept the grounds that have been proposed for passing this application, in spite of this direct contravention of our Planning Policy…
***
I accept that if no viable alternative in keeping with our Planning Policy was available, that could offer grounds to accept. But paragraphs 15 and 16 of the committee report clearly state that a viable alternative, in keeping with our planning policy, could be provided on this site.[6]
***
The committee report notes the unmet need for 1-bedroom intermediate housing in our borough.
But this isn’t grounds for ignoring our own Local Plan, Paragraph 5.94 of which expressly argues against the then-Mayor changing the social / intermediate housing ratio.[7]
 
If we do not think it is addressed in our Local Plan, the proper process would be to address this as a policy in our new Local Plan – and not by simply deciding on the hoof to contravene our own planning policy.

But even more fundamentally than this, the demand for intermediate housing can also be met by freeing-up existing overcrowded smaller housing in a way which is entirely in keeping with our Local Plan: providing suitable, new build family units, at genuinely affordable rates.
***
In conclusion, I wish to stress that there are many other grounds for the Committee to challenge the developers on this application. And I’m sure these will be addressed by other speakers:
  • The issue of disabled parking space for commuters still isn’t resolved in this proposal. In fact TfL’s planning condition could mean there are just two disabled spaces for general public use, and not three as stated.[8]
  • The availability of parking remains a concern. And there is even an admission in paragraphs 89 and 92 of the report that 38 cars and many blue badge holders could be displaced to residential streets – including streets already in a CPZ outside of CPZ hours.[9] [10]
  • There is a serious lack of amenity space, to the tune of 913 square metres
  • And concerns have been raised about running this Committee online, I’ve asked for further info on this and I’d be happy to discuss in questions
But there is no clearer argument for rejection than the direct contravention of the Local Plan and the London Plan which I have mentioned.

When I first objected to this development almost a year ago, I assumed that the developer would take steps to address this. I’m disappointed to see that this hasn’t happened.

In the absence of clear reasons to accept such a contravention, and with the grounds for doing this discounted, the Committee is left with just one option: to reject the proposal put forward today.

[1] Brent Council, Local Plan: Core Strategy, Policy CP21, page 78. NB Objective 7 (p21) also sets a goal of “ensuring that at least 25% of all new homes built in the borough are family sized (3 bed or more) and 50% (approx.) are affordable.”
[2] Brent Council, Committee Report 19/1241, 6 May 2020, page 14
[3] Brent Council, Committee Report 19/1241, 6 May 2020, page 1
[4] Brent Council, Committee Report 19/1241, 6 May 2020, page 6
[5] Brent Council, Committee Report 19/1241, 6 May 2020, paragraph 14, page 15
[6] Brent Council, Committee Report 19/1241, 6 May 2020, paragraph 15 and 16, page 16
[7] Brent Council, Local Plan: Core Strategy, Policy CP21, paragraph 5.94, page 78.
[8] This is because TfL asks that “a parking design and management plan to be submitted for approval prior to occupation of any units, in order to ensure at least one disabled space is secured for occupiers of the flats.” See Brent Council, Committee Report 19/1241, 6 May 2020, page 11
[9] Brent Council, Committee Report 19/1241, 6 May 2020, paragraph 92, page 24
[10] Brent Council, Committee Report 19/1241, 6 May 2020, paragraph 89, page 24

Speech opposing the development from Cllr Mary Daly


Para 1 of the report speaks of getting rid of an 84 space underused car park car park and replacing it with two residential blocks

This statement is factually incorrect in the summer of 2019 TFL fenced off the rear end of the site and reduced the size of the car park to 66 spaces this is important because the very sketchy information the developer provided is as a consequence is incorrect. 

Para 87 describes a survey undertaken by the applicant claiming that there was a 30% use of the park based on the incorrect number of spaces.

A survey undertaken by members and residents found a different pattern of use. This was reported to the council but not included im the report to members of the planning committee. Over three weeks during the morning and afternoon members found a consistent 54% occupancy of the 66 space car park. Members observed use was predominantly by commuters. Morning users were different from afternoon users so the car park is not as described underused.

There is no evidence that the statuary bodies TFL or Brent Council undertook any activity to establish use of the car park in contravention of legal equalities obligation.

Parking

Para 97 advises that DPM 12 requires that all overspill be safely accommodated on street
Policy BT2 that developments will be supported where it does not add to on street parking
Policy 90 acknowledges that the nearest Brent streets are heavily parked but claims that Ealing streets can absorb some on street parking.
  1. With this in mind it is worth looking at that they will absorb.
  2. The site is so tight that even the one disabled space a policy requirement for disabled future disabled residents is proposed to be put on the highway.
  3. If future disabled commuters need additional spaces it is proposed they are put on the highway
  4. The report advises that Para 96 that the parking allowance for such a development is 39 spaces. Because they cannot be provided it is permit free but not future vehicle owner free. It has nto been estimated how many future professional higher income residents will own a vehicle clearly they will compete with local residents for parking when CPZ are not in operation.
  5. Because there has been no comprehensive survey of commuter parking at the car park it is impossible to know how many commuters use the car park for sure  certainly it is considerably more than that suggested by the applicant.
  6. Service vehicles for the proposed development including online deliveries, maintenance vehicles, displaced TFL staff  TFL staff using the yard to the back of the site.
None of which can be accommodated on site because it is simply an overdevelopment.
As stated above policy is in place to prevent this level of pressure on existing communities.

Amenity
Para 77 advises the policy DMP19 and emerging policy BH 13 that all new dwelling be required to have external private amenity space this is expected to be 20 sqm of private outdoor space for 1d-2 person dwellings. Based on the policy 1050sqm of space is required Only 11 of the 52 proposed units have outdoor amenity space falling short by 913 sqm.
Para 79 suggests that this cam be mitigated by communal amenity space 476 sqm of amenity space in the communal courtyard. However this space appears to have two uses it is also intended to be a turning space for large vehicles there are two descriptions of this space para 80 “ a communal amenity space” and   “ a turning space for servicing buildings
Para 102 describes the same space as “a turning facility has been incorporated into the lauout between the two proposed blocks to allow refuse vehicles emergency vehicles so that they are not required to reverse long distances” 

In Para there are contrary statements about the courtyard/turning point “ para 80 states “ the communal courtyard has been improved it would be usable”  whereas Para 102 states “ officers recommend a condition of the surfacing of the turning point”  it is clear is that the development is marginally short of private or even communal amenity space requirements it is so unacceptably short as to warrant refusal.

Sudbury Town Station planning application referred back after it was opposed 4-3 by Planning Committee

After members of the Planning Committee opposed the approval of the Sudbury Town Station car park planning application by 4 votes to 3, officers moved quickly to rescue the situation by recommending deferrral so that if could be refered back to officers and the applicant for further review and future resubmission.

When Cllr Maurice expressed concern that this would mean a 'cover up' Cllr Denselow, in his best avuncular manner (despite his youth) said of course not, 'it will be coming back to us.'

Reasons councillors gave for opposing the application  included its departure from several policies, the need for family homes rather than one bedroomed houses, loss of access to the step-free station for disabled people due to the loss of the car park, placing disabled parking spaces in already heavily used local streets, and one councillor who said he who didn't believe the planning officers report.

Sudbury Planners (part of Sudbury Town residents Association) were very active on Twitter throughout the discussion:















Sudbury Town RA's statement re Sudbury Town Station Planning Application currently under discussion at Brent Planning Committee

Sudbury Town Residents Association has sent the following information on the Sudbury Town Station plannin g application currently being considered by Brent Planning Committee:

The planning application is on the Agenda for the Planning Committee Meeting on Wednesday 6 May 2020 at 6pm.We have tried our best to liaison with Brent Council and arrange a meeting in situ so that residents and businesses can share their concerns in the context of the area and reach mutually beneficial solutions. 

Unfortunately, we have received no response to our request for this meeting.

We have also written to Carolyn Downs, requesting her to defer the Planning Application 19/1241 to satisfy Statutory Requirements.This has not happened.

The Local Authorities Executive Arrangements, Meetings and Access to Information, England, 2012 No. 208 9 PART 2 Regulation 7.1 (a) and (b) states that Local Authorities are required to provide all necessary documentation to the public  prior to any decision-making meeting being held.

Please find a summary of the Statutory Requirements that have not been met through this Planning Application process.

  1. Documents unavailable from Brent Website
For the Public Consultation in April 2019, 58 documents were uploaded to the Brent Website and were available for the public to review.

There are now only 37 documents remaining as of 4 May 2020.

All documents should remain available for the public to view and should not be removed from Brent’s website.

  1. Statutory Consultee Comments not available
The Statutory Consultee comments are not available on Brent’s website.

  1. Statutory Consultee Comments DATES not available
There are no DATES provided on Brent Council’s Website of any of the Statutory Consultee Comments. 

  1. Planning Officer’s Reports
STRA is a Neighbourhood Forum and a Statutory Consultee since 2012.

The Planning Officer’s report of 27 April 2020 concludes that the Sudbury Town Neighbourhood Plan 2015 does NOT contain any relevant policies that require consideration by the Planning Committee. 

STRA disagrees with the Planning Officer’s conclusions.

The Sudbury Town Neighbourhood Plan (STNP) 2015 contains policies that are relevant and require consideration by the Planning Committee. 

STRA requests the opportunity to respond in detail.This 21-day period should commence from the date that we receive the last document, as set out in the Development Management Procedure 2016, Part 22. 

STRA requests this document be presented to the Planning Committee and be added to the file for Planning Application 19/1241

Instructions for participation at tonight's Planning Committee - Is this digital inclusion?

Readers will be aware of the discussion that has taken place over tonight's 'virtual' Planning Committee. Critics claim that it would be better to postpone the meeting until such time as residents can take part easily.

The Council claim that their arrangements via Zoom or telephone enable participation if requested with the usual notice.

These are the 8 pages of instructions for participation sent out by the Council. I will leave it up to readers to make up their own minds on whether 'digital exclusion' is at work here. Click bottom right corner for full page version.


Sadiq Khan and TfL announce post-lockdown 'London Streetspace' programme

From the London Mayor's Office

The Mayor of London, Sadiq Khan, and TfL have today unveiled their ‘London Streetspace’ programme which will rapidly transform London’s streets to accommodate a possible ten-fold increase in cycling and five-fold increase in walking when lockdown restrictions are eased.

With London’s public transport capacity potentially running at a fifth of pre-crisis levels, millions of journeys a day will need to be made by other means. If people switch only a fraction of these journeys to cars, London risks grinding to a halt, air quality will worsen, and road danger will increase.

To prevent this happening, TfL will rapidly repurpose London’s streets to serve this unprecedented demand for walking and cycling in a major new strategic shift.

Early modelling by TfL has revealed there could be more than a 10-fold increase in kilometres cycled, and up to five times the amount of walking, compared to pre-COVID levels, if demand returns.

TfL, working with London’s boroughs will make changes - unparalleled in a city London’s size – to focus on three key areas:
  • The rapid construction of a strategic cycling network, using temporary materials, including new routes aimed at reducing crowding on Underground and train lines, and on busy bus corridors.
  • A complete transformation of local town centres to enable local journeys to be safely walked and cycled where possible. Wider footways on high streets will facilitate a local economic recovery, with people having space to queue for shops as well as enough space for others to safely walk past while socially distancing.
  • Reducing traffic on residential streets, creating low-traffic neighbourhoods right across London to enable more people to walk and cycle as part of their daily routine, as has happened during lockdown.

Euston Road is one of the first main thoroughfares to benefit from temporary cycle lanes. Park Lane could follow suit under plans being studied.

The temporary schemes will be reviewed by TfL – and could become permanent.

TfL has already begun making improvements to boost social distancing using temporary infrastructure. Pavements have already been doubled in size at Camden High Street and Stoke Newington High Street and widened at six further locations* -  with more to follow in the coming weeks.

TfL has also worked with Hackney Council to close Broadway Market to through traffic and, with Royal Parks, to close through traffic at weekends to The Mall/Constitution Hill and all Royal Parks (except Regents Park).

Further improvements as part of the London Streetspace plan will include:
·       Creating new walking and cycling routes along major corridors, including temporary cycle lanes in Euston Road. TfL is also looking at creating temporary cycle lanes on Park Lane. Upgrades will also be made to existing routes including creating sections of temporary segregation from Merton to Elephant and Castle, and Pimlico to Putney. Space for cycling will be created between Catford town centre and Lewisham via the A21, and on the A23 between Oval and Streatham Hill.
·       The Cycleway 9 scheme between Kensington Olympia and Brentford, and the Cycleway 4 scheme between Tower Hill and Greenwich will be accelerated with temporary measures so the Londoners can benefit from them more quickly. Meanwhile on-street parking and lanes for cars and general traffic will be repurposed to give people on foot and on bikes more space.
·       Widening more pavements in town centres to allow people to access local essential shops and services more easily. Pavements will be widened in more than 20 locations, including in Brixton and Earl’s Court in the coming days.
·       Working to make walking and cycling in local neighbourhoods safer and more attractive by reducing the speed and volume of motor traffic. A low-traffic neighbourhood will be created in Hounslow along the future Cycleway 9 route by closing local roads to through traffic and further locations across London will follow, with TfL actively supporting boroughs to reduce motor traffic on residential streets to make walking and cycling safer and easier.

The Mayor of London, Sadiq Khan, said: “The capacity of our public transport will be dramatically reduced post-coronavirus as a result of the huge challenges we face around social distancing. Everyone who can work from home must continue to do so for some time to come. The emergency measures included in our major strategic London Streetspace programme will help those who have to travel to work by fast-tracking the transformation of streets across our city. Many Londoners have rediscovered the joys of walking and cycling during lockdown and, by quickly and cheaply widening pavements, creating temporary cycle lanes and closing roads to through traffic we will enable millions more people to change the way they get around our city.

“I urge the Government and boroughs to work with us to enable Londoners to switch to cleaner, more sustainable forms of transport - and reduce the pressure on other parts of our transport network – once the lockdown is eased.”

The measures announced today are just the beginning, with more information on the London Streetspace plans set to be announced shortly.

Gareth Powell, Managing Director of Surface Transport at TfL, said: “As people are choosing to walk and cycle, both for their essential journeys and for exercise during the lockdown it is vital that they have the space to do so safely and are able to continue socially distancing. The London Streetspace programme – providing more space for walking and cycling - will support that. It will also play a crucial role as London approaches the challenge of maintaining social distancing as restrictions on movement are relaxed.”

Stephen Edwards, Director of Policy & Communications at Living Streets, the UK's everyday walking charity says: "Wider pavements and low traffic neighbourhoods will undoubtably help people feel safer walking everyday journeys, especially during the coronavirus pandemic. The pandemic has highlighted the importance that walking plays in our lives; with huge numbers of Londoners walking as part of their daily exercise and for local shopping trips. Where London's pavements aren't suitable for safe social distancing, it is vital widening happens to ensure people aren't forced into the paths of oncoming traffic. Walking and cycling have a key role to play to take the pressure off public transport as we emerge from the lockdown, so it's great news that TfL are looking at enabling walkers and people cycling to travel safely. We look forward to working with them on this project."

Giulio Ferrini, Sustrans London Head of Built Environment, said:“As the charity making it easier for people to walk and cycle, we’re excited to see ambitious plans at a London-wide and borough level. Local authorities are critical in reshaping our streets to strengthen London’s resilience now and as we emerge from lockdown. A potential surge in car use would clog up our streets with traffic, choke our lungs with pollution and exacerbate inequality. Now is the time to take positive action that will give all Londoners a cleaner city to live and work in. Bold actions from boroughs today can make a tangible difference to Londoners’ daily lives and will lead to a healthier, happier and fairer London as travel restrictions are lifted in the weeks to come.”

Dr Ashok Sinha, CEO of the London Cycling Campaign, said: “As the lockdown is eased, London will need to get moving again, but in a manner that maintains social distancing. The only way to do this effectively - whilst also avoiding a calamitous return to toxic air, high carbon emissions and traffic-choked streets - is to make it easier and safer for millions of people to walk and cycle. Large numbers of Londoners have already taken to cycling for essential travel and exercise during lockdown; the demand is there, and the Mayor’s new Streetspace plan can and should be the start of a permanent transition to a greener, healthier and more resilient city.”

Since London entered lockdown on 23 March, TfL has - as part of the national strategy to beat the virus - been urging Londoners to only make essential journeys.

TfL will continue to look at its existing walking and cycling projects to see where these could be used to create space for people walking and cycling more quickly.  

The new measures will build on TfL’s work, which has seen roads across London transformed under the Healthy Streets programme. The amount of protected space for cycling in London has tripled over the past four years, while major projects across the capital such as the transformation of Highbury Corner have increased in the amount of space available for people on foot. There are currently 160km of signed Cycleways across London.

Specific measures of London Streetspace will be announced in the coming weeks.

Brent Council defends decision to go ahead with virtual Planning Committee despite residents' objections

Brent Council has put on record its reasons for rejecting deferral of the Sudbury Town Station planning application on lack of democracy grounds which presumably will also apply to other applications. LINK

The Meeting begins at 6pm tonight and the Livestream can be viewed HERE

…objections are raised concerning the 'virtual' nature of the committee meeting, and a perceived lack of transparency and public participation as a result of this. The Sudbury Town Residents Association have commented that certain statutory requirements have not been met and have asked that this item is deferred. However, they do not advise which statutory requirements they consider to not have been met. Officers consider that all statutory requirements have been met. The Government has legislated to enable Council meetings to take place virtually and has made it clear it wants Councils to continue to hold public meetings and make decisions to enable it to continue to carry out its functions. The Planning Committee will operate in the usual way but via Zoom rather than in the Civic Centre. People will continue to be able to register a request to address the Planning Committee and may speak on-line, using the Zoom app or using a telephone. The Committee will be live streamed as usual so anyone who might have come to the Civic Centre to watch, but not participate in the meeting, will still be able to observe proceedings. The planning committee meeting will continue to be transparent and public participation has not been reduced. The Council also has not extended “delegated powers” (i.e. the range of decisions determined by officers rather than committee) during the lock-down as some Councils have done. 

The absence of a Planning Committee site visit or a site meeting with residents has also been raised by objectors. The objectors have raised concern that the planning committee may not be able to fully understand a number of matters, such as the availability of disabled parking, levels of on-street parking, the relationship with adjoining sites (and associated impacts) and the relationship with the depot. Planning Committee site meetings are not held for committee items, either with residents or the applicant / agent. 

A planning application will have been already evaluated and the site inspected by planning staff and it is not necessary for a formal Planning Committee site visit to be made. There is no legal requirement for this to happen. Site visits may be held for a limited number of committee items when it is considered helpful to visit the site to understand the proposal and the site context. Committee members may visit a site in their own time should they consider it necessary to understand the site and its context. It is considered that members can evaluate the proposal using the application submission documents, site photos, committee report and other resources that area available (such as Google Earth and Google Streetview). The objectors state that such visits (or meetings) are important to enable the public to put their point of view forward. However Committee site visits are for observations only and not for conversations with members of the public or applicants – the place for this is at committee. There is a reasonable expectation the Planning Committee members are able to make a well informed decision from the information available to them.

Covid-19 deaths in your area of Brent



At present the Church End area is showing the highest figures in Brent