Soprano Pipistrelle (Photo: eurekalert.org.)
Writing on behalf of Newland Court, Wembley Park, residents, Marc
Etukudo has submitted an email to Brent Council officers and councillors that
raises serious issues of possible environmental law breaking:
I would like you to accept this
email as a formal objection being submitted amongst others submitted against
Brent Council’s proposal to build 7 townhouses at Newland Court garages,
planning application reference 22/3124. It has been brought to my attention
that out of all the ‘infill’ proposals submitted by Brent Council's agent* on behalf of the Council's New Council Homes Team not a single
one has been refused planning permission and every single one has gone to a
planning committee meeting and all have been approved. Can you please confirm
if this is correct?
BAT ACTIVITY AND ROOSTING
I have been informed by the Bats Conservation Trust that if I think
a wildlife crime has been or is being committed I should report it to the
police. Once I have done that I have to ensure I get a reference number and
then let them know about the incident by emailing investigations@bats.org.uk. They will then be
able to assist the police, bat workers, members of the public and
professionals by giving advice and information about bats, roosts and the
legislation.
So, as I feel that a crime is about to be committed at Newland Court
garages by Brent Council in terms of the removal of trees where at least 2
species of bats are active and may roost, I intend to file a report at Wembley Police Station against Brent Council if the proposal is approved in its present form*. The
reason being is that although the ecological report from Waterman’s survey
does show two species of bats active along the line of trees, their survey is
unreliable, because only one surveyor carried it out, at the wrong time and
without covering the line of trees properly.
The survey was done more than two
weeks after it should have been carried out to check whether
there was any bat roost in the garage building they identified as a low
possibility roost site. Furthermore, carrying out bat surveys when street
lightning could influence an inaccurate reading as bats would only normally be
seen in dark conditions as they are sensitive to bright lights. Hence the
survey reported a sighting of a soprano pipistrelle that was recorded 28
minutes after sunset and 11 passings of the common pipistrelle were recorded 55
minutes after sunset proving that the whole survey wasn’t conducted properly
and therefore unreliable.
The same can also be said of the survey
on birds. The survey reports sightings of starlings, bullfinches, dunnocks,
sparrows and song thrushes. I believe that this is an inaccurate survey
recorded as it was taken from a reference grid recorded between 2002 and 2018.
If a proper survey was conducted then sightings of robins, magpies,
pigeons, crows and even parakeets would also have been sighted and
recorded because those are the birds we see out our kitchen windows on a daily
basis therefore also acknowledging that the bird survey is also flawed and
inaccurate.
DESIGN GUIDE
In the design guide document which was
approved by Planning Committee and Brent's Executive (now Cabinet) in 2013, the
boundary shown in the Design Guide, which includes the site of the Newland Court
garages within the Barn Hill Conservation Area, must be treated as the correct
boundary since 17 June 2013. Yet Brent Council’s agent has
submitted a different conservation map boundary showing Newland Court garages
outside the conservation boundary lines which is yet more evidence they continued to submit misleading information on their
planning application to fast track this proposal through at any cost.
*
The evidence is there in the Design
Guide itself, which states:
'This Guide was produced by the London
Borough of Brent and adopted by its Executive on 17 June 2013. On 16 January
2013, the Planning Committee agreed to consult publically on a draft Barn Hill
Design Guide which had been prepared in discussion with the Barn Hill Residents
Association. Letters were sent to all owner/occupiers in the Barn Hill
Conservation Area and Ward Councillors on 28 January 2013, giving 28 days to
comment on the draft Design Guide. A ‘drop-in session’ for residents was held at
Brent Town Hall on 12 February 2013 to give residents an opportunity to discuss
the proposals with Officers. On 17 April 2013 the Planning Committee considered
the consultation responses and the resulting proposed changes and agreed that
the revised Design Guide be reported to the Executive for adoption.
Executive agreed to this on 17 June 2013.'
HERITAGE REPORT
submitted by the Heritage Officer states that:-
Section 72(1) of the
Planning (Listed Building and Conservation Area) Act 1990 (as amended) requires
that with respect to any buildings or other land in a conservation area,
special attention shall be paid to the desirability of preserving or enhancing
the character or appearance of that area. NPPF. Paragraph 189 recognises that
heritage assets are an irreplaceable resource and seeks to conserve them in a
manner appropriate to their significance.
This statement
reveals reasonable doubt from the Heritage officer in regards to whether this
proposal will preserve or enhance the character and appearance of the area.
This is also taking into consideration that all the officers’ reports
(Heritage, Transport, Tree) have been done on the assumption that Newland Court
garages do not fall within the conservation boundary. This is yet another
misleading application submission by Brent Council planning officers.
TRANSPORT OFFICER
The Transport Officer's report also states that ‘At the current time, the
application cannot therefore be supported, given the large volume of parking
that would be likely to be displaced from the site onto surrounding narrow
streets’. This is even probably after he had seen the parking survey which I
have already previously noted as being flawed and misleading.
TREE OFFICER
Even Brent council’s own Tree Officer, Julie Hughes has significant
concerns relating to the impact that this development will have on protected
trees. She also goes on to say that she has some significant concerns regarding
the increased pressure that will be placed on the Council to permit lopping,
topping or felling the trees within the rear gardens of Grendon Gardens, and
the impact that this will have on both the visual amenity of the local area,
and specifically the adjacent Barn Hill Conservation Area.
Below is a Topographical Survey map sheet of the coverage area from the
canopies of the trees that overhang above the Newland Court garages from the
gardens of the residents of Grendon Gardens. They show the extent of the tree
canopies of the trees in the back gardens of Grendon Gardens much more clearly
than the site plans submitted before to Brent Council. I believe this is the
reason why the garages at Newland Court are within the boundary of the Barn
Hill Conservation area. The diagram below shows that the canopies and roots of
the trees cover most of the garages in Newland Court. It would mean that one
half of all the trees would have to be chopped off if this proposal were to go
ahead. If this doesn’t kill the trees, then the trees would then need constant
pruning and lopping every few months as the pruned branches continue to
re-grow.
With all these
mitigating factors:-
- The fact that Brent
is breaching a lot of their planning guidelines to fast track this
proposal.
- The overlooking rule
for one in which you and I measured and found Brent's measurements inaccurate.
- Misleading
information on the garages being within the boundary line of Barn Hill
Conservation Area
- Unclear clarification
of the boundary wall between Grendon Gardens and Newland Court.
- The removal of or
damaging protected healthy trees in the Barn Hill conservation area.
- Misleading
information supplied by planning officers on the parking survey.
- Misleading
information on the ecological report made by Watermans.
- The systemic
discrimination on existing Newland Court residents.
- The reduction in
residual bins for existing Newland Court residents.
- The removal of 40 car
parking spaces and reducing it to 12.
- The site
not being suitable for the proposed development.
- The Heritage Officer
having concerns on this proposal.
- The Transport Officer
having concerns on this proposal.
- Brent's Tree Officer
having concerns on this proposal.
Even MP Barry
Gardiner after seeing the facts and not normally one to get involved in
planning issues wrote to the Chief Executive voicing his concerns on the way
the planning officers were treating the existing residents of Newland Court
over this proposal. With all the objections and facts that you have before
you regarding this particular proposal, I’m sorry but there is no way that this
planning application should be granted. That is, if every single detail in the
form of objections and real facts that you and your team now have before you
which should form a serious case for refusal. But if it doesn’t then there is
something also very seriously wrong.
* Note an earlier version of this blog has been edited to remove inaccuracies in the original email to Brent Council for which Marc Etukudo has apologised.