Planning Report – October 2020


Awaiting Decision

Planning Complaints

Additional Matters



195 Shirley Road – Ref: 20/02405/FUL
Demolition of existing dwelling. Erection of 3 storey building (with roofspace accommodation) comprising 9 residential apartments with associated vehicle/cycle parking, amenity space and waste stores.

We object to this proposed re-development on the following grounds:

1) Failure to meet the London Plan and Croydon Plan Policy DM10 Minimum Space Standards for the future occupants for the lifetime of the development;
2) Failure to meet the existing adopted London Plan Policy 3.4 – Optimising Housing Potential with respect to Residential and Housing Densities at a Suburban setting and PTAL 2, and forecast to remain at PTAL 2 until 2031;
3) Failure to meet the new Draft London Plan Policy 1DA – Infrastructure Requirements for Sustainable Densities;
4) Failure to evaluate requirements of the proposal as required by the “Design-led approach” as required of the new London Plan Policy 1DA – Infrastructure Requirements for Sustainable Densities at Policy D1A paras 3.1B.23/24;
5) Excessive Overdevelopment for the locality, forecast to remain at PTAL 2 up to 2031 in terms of appropriate Residential and Housing Densities in a “Suburban Setting”;
6) Inadequate Amenity Space for the future occupants of the development for the lifetime of the development;
7) No provision of the required “Play Space for Children” of the future occupants of the development’ as required by the London Plan and Croydon Local Plan 2018.
8) Failure to provide adequate car parking provision.
9) It is likely that this development will fail to meet the 45° rule on height and will intercept the 45° projection in relation to the adjacent property.

NOTE: We have had some emails concerning MORA’s intentions to proceed with this planning approval.

There is no ‘Case Officers’ Report of the recommendation to the Delegate Committee available on the online list of documents for this application, so it is not possible for us or local residents’ who have objected to this proposal, to appreciate the justification of an approval or whether objectors observations and comments have been suitably addressed prior to a determination being made by the Delegate Committee.

We assume the Planning Constitution Part 4k applies to the ‘Delegate Committee’ as it is – by definition – a planning Committeeand therefore appropriate for part 4k of the constitution.

Planning Constitution part 4k Section 5 – REPORTS:

“Para 5.1        Each planning application for decision is the subject of a written report with an officer recommendation. Reports will be produced in a standard form provided by the Director of Planning and Strategic Transport, and will identify and analyse the material considerations, of which the (Delegate) Committee need to take account when considering the application on the planning merit” …

Previously, all Case Officers reports have been published on the online ‘documents’ tab along with the Decision Notification for public scrutiny and information. We have not found any changes to the planning constitution (Part 4k) which warrants the omission of the reports from public scrutiny.

The recent Croydon Council ‘Governance Review 2020’ provides further evidence that participation on the decision making process should be improved, not reduced.

Recommendations for planning are stated at recommendations 9 thro 11:

Recommendation 9:

Ensure the decision making structure fully supports participation by creating more purposeful opportunities for non-Cabinet Members and residents to consider and influence planned decisions before they are taken. Specifically, the Council should enhance the existing Leader and Cabinet model by strengthening the collective Cabinet, establishing the hybrid arrangements which introduce Cabinet Member Advisory Committees, appropriately revising the scheme of delegation and ensuring the necessary changes are reflected within the Constitution.

Recommendation 10:

Improve the effectiveness of Council meetings by reaching a cross-party agreement on desired changes, underpinned by consideration of the principles and proposals set out in the Governance Review report.

Recommendation 11:

Recognising public dissatisfaction with Planning seek to enhance understanding of the planning process by:

  • Considering recommendations detailed in the PAS report and ensuring those form a key part of the Planning Committee’s journey to improve resident experience when engaging with planning;
  • Developing more proactive, cross-party working in the area of policy discussion, setting and revision.

The Delegate Committee’s decision-making process requires members to be aware of the assessment by the Case Officer of the reasons for the recommendation including a summary of any objectors comments for debate, as is required for the Full Planning Committee. This procedure is based on the reasoning that members of the delegate committee cannot spend a great deal of time making their own individual assessments of a development proposal, and as such there MUST be a case officer’s report to provide this information to the delegate members (officers) of the meeting for scrutiny and debate before a determination is agreed.  (See para 5.1 of the Planning Constitution part 4k above).

Thus, publication of the Case Officers Report should be available for public scrutiny prior to the ‘Delegate Committee’ meeting (Governance Recommendation 9), and an opportunity for additional comment to be provided prior to a determination if substantive reason is found in the report, as is afforded to applications determination by the full Planning Committee.

Secrecy in the process of determinations leads to suspicion that the decision making process has something to hide, and as such secrecy should be avoided.

We have requested officers inform us why these changes in procedure have recently been implemented and whether we could view the Case Officers report for this (and for other unpublished application reports decided by the Delegate Committee in future), or apply for a ‘Freedom of Information’ request for this report and any others that are not published on-line, in the future, prior to a determination.

MORA Objection Sent: 15th Jul 2020
Consultation Closes: 16th Jul 2020
Target Decision: 5th Aug 2020
• Total Consulted: 15
• Objections: 11
• Supporting: 0
Permission Granted: 22nd Sep 2020

Awaiting Decision
75 Shirley Avenue – Ref: 20/03932/FUL
Erection of part single, part two storey side/rear and roof extensions to facilitate conversion of property into 5 residential units.

We object to this application on the following grounds:

The proposal clearly DOES NOT enhance the “quality of the local Place” as the rear elevation is totally unattractive and bears NO relationship to the character or physical context of adjacent or surrounding properties.

The Rear Elevation Showing the obnoxious proposed development’s rear elevation is a most unattractively designed and roof structure with Stepped Horizontal and Vertical design, totally at odds with the existing surrounding structures and roof forms of rear elevations and roof forms of ALL surrounding localities.

The proposal clearly DOES NOT take any account of the needs of children of the future occupants as there is NO Allocation of Play Space for Children.

75 Shirley Avenue is in a suburban setting and PTAL 2 which is forecast to remain at PTAL 2 at least until 2031 and it also significantly exceeds 800m from a train station and well over 800m from the Croydon Town Centre Boundary so outside an area suitable for incremental intensification as defined by the emerging new London Plan Policy H2A.

The proposal DOES NOT provide any details of required Gross Internal Area (GIA) provision so it is not possible to ensure the proposal meets the London Plan Minimum Space Standards for ALL New Dwellings as specified in Table 3.3. of policy 3.5 Quality and Design of Housing Developments.

The proposal DOES NOT provide any details of required in-built storage capacity for any of the of the proposed units to meet the requirements of the London Plan Policy 3.5 table 3. 3.

The proposal DOES NOT provide any Private Open Amenity Space for future occupants of Units 4 & 5 of the development proposal, as required of the policy or defined the Amenity Space Area for Units 1, 2 & 3, as required of the policy.

The proposed development does NOT provide any illustrations which can be used to determine the relationships with adjacent properties in order to ascertain compliance or otherwise to the important Figures 2.11 b) & 2.11 c) of SPD2 Chapter 2 – 45° Degree rules both Horizontally and Vertically.

The parking bays do NOT allow space for exiting in a forward gear if parked  n a forward gear. There is no turning head provided to exit and the parked vehicle once parked in a forward gear would need to reverse out over the footpath and into Shirley Avenue at a dangerous corner and via an unaligned Cross-Over.

Any overspill parking would need to be on Shirley Avenue and at a  dangerous bend (about 55°), narrowing the road width for other road users.

Assuming 9 adult occupants of the proposed development all of whom  possibly own a vehicle (car or van) would mean 7 vehicle overspills onto the  local road network for overnight parking at a PTAL 2 location.

Inadequate parking for the number of occupants at PTAL 2.

NOTE: We challenge that the comments from outside the Shirley North Ward supporting the proposal, should carry the same ‘weight’ as the comments from closer neighbours who would be more seriously affected;

VIS: Upper Norwood. Epsom Rd Croydon CR04JR, Upper Norwood SE19 3EH, Highfield Hill London SE19 3PS, Brabourne Close London SE19 1AQ, Hermitage Road Upper Norwood SE19 3QJ, Portland Road London SE25 4UF, Penceat Court 17 Bourdon Road London SE20 7SH, Selsdon Park Road Croydon CR2 8JE, Tavistock Grove Croydon CR0 2BH, Church Road Crystal Palace London SE19 2TE, Adams Way Croydon CR0 6XR, Saraband Bishops Walk Croydon CR0 5BA and 171 Orchard Way Beckenham BR3 3EJ; (outside the London Borough of Croydon Authority area).

These are all significant distances from the proposed development site and are unlikely to be seriously affected by the proposal or the on-street parking problems thought likely.

MORA Objection Sent: 11th Sep 2020
MORA Addendum Sent: 21st Sep 2020
Consultation Closes: 27th Sep 2020
Target Decision: 27th Oct 2020
• Total Consulted: 6
• Objections: 31
• Supporting: 16

19 Orchard Avenue – Ref: 20/03721/FUL
Demolition of existing dwelling, erection of 9x flats, revised access, parking, landscaping and relocation of dropped kerb.

We object to this proposal on grounds of significant overdevelopment for the locality if classified as a “suburban setting” at Residential Density of 400 hr/ha and Housing Density of 150 units/ha at an average of 2.67hr/unit. So, this proposed development is an OVERDEVELOPMENT for a Suburban setting at PTAL 2 and forecast to remain at PTAL 2 until at least 2031. These Residential and Housing Densities are more appropriate to an “Urban” Setting.

We object to this proposed development on grounds of excessive Residential and Housing Densities for a Suburban Setting as defined in the current adopted London Plan Policy 3.4 – Optimising Housing Potential, Table 3.2 and DM45.1 – The Shirley Place at locality of PTAL 2 when the Densities would require PTALs exceeding the maximum Residential Density at a numerical value of 4.5 and a Housing Density of 4.22.

There are no other available adopted Policies in the Croydon Local Plan to meet the NPPF requirements of para 16 d) or Para 122 – Achieving Appropriate Densities.

We object to this proposed development on grounds of non-compliance to London Plan Policy 3.5 Quality and design of housing developments Table 3.3 Minimum Space Standards for New Dwellings, as the appropriate information has NOT been provided.

We object to this proposed development on grounds of inadequate off- street parking at a locality adjacent to Red Route restricted parking which will require overspill on-street parking to be a significant distance from the development and cause local congestion along this feeder road which provides the 367-bus route and the link between the A232 and the A222.

We object to this proposed development on grounds of inadequate parking provision in a Suburban setting of PTAL 2 of only four Parking Bays when the current London Plan Policy 6.13 requires up to 1.5 space at PTAL 2 and at a recommended Residential Density of 150hr/ha & recommended Housing Density of 50 units/ha which equates to 13.5 Parking Bays for 9 dwellings.

Also, there are no swept path illustrations to prove that an egress manoeuvre is possible if parked in a forward direction, in a forward gear if all other 3 bays are full – to exit in a forward gear across the footpath and into Orchard Avenue.

Also, there are NO Sight Lines to ensure safe exit over the footpath and into Orchard Avenue and therefore should be refused. Orchard Avenue has a high footfall of pedestrians, including children travelling to the two schools in close proximity.

We object to this proposed development on the grounds that there is no allocated Play partitioned Space for Children of the future occupants and should therefore be refused.

We object to this proposed development as it clearly fails to meet the design guide requirement of SPD2 Chapter 2 – Suburban Residential Development section 2.11c which requires clearance of the projected 45° Rule from the centre ground floor rear window of adjacent properties. This proposed development significantly fails this 45° Rule for both adjacent properties and therefore this proposal should be refused. This 45° Degree vertical rule is totally independent of the daylight and sunlight requirements (as the policy indicates “also” in the definition which indicates the two policies are “mutually exclusive”).

We object to this proposed development on grounds of there being no quantifiable definition of DM10.11 as required by NPPF para 16 d) and NPPF Para 122 Achieving Appropriate Densities for “Focussed Intensification” to allow most efficient use of available infrastructure or capacity for growth, resulting in an overdevelopment as defined by the London Plan Policy 3.4 Table 3.2.

This application is non-compliant to the definition of “incremental
Intensification” as defined in the New Draft emerging London Plan Policy for “Incremental intensification” given at para 4.2A.1 which defines Incremental intensification areas to be within PTALs 3-6 and within 800m of a rail station or town centre boundary. This location is at PTAL 2 and is way over 800m of any rail station or Croydon town centre boundary and should therefore be refused as referenced in Sarah Jones’ MP – letter relating to change of Policy for Shirley intensification.

We object to this proposed development on grounds that it does NOT fully meet the capacity requirements of Policy DM13 or Council Guidance on Refuse & Recycling for New Developments as published by Croydon Council with regard to Storage Area Capacity, Access and location within the building envelope.

As detailed under London Plan Policy 6.13 we reiterate our objection on grounds of Policy DM30 objecting to this proposed development on grounds of inadequate parking provision in an Urban Shopping Locality of PTAL 2 of only four Parking Bays when the current London Plan Policy 6.13 requires up to 1.5 space at PTAL 2 and at a recommended Residential Density of 450hr/ha & recommended Housing Density of 120units/ha which equates to 12 Parking Bays for 8 dwellings and should therefore be refused.

MORA Objection Sent: 7th Sep 2020
Consultation Closes: 17th Sep 2020
Target Decision: 13th Oct 2020
• Total Consulted: 12
• Objections: 2
• Supporting: 0
Councillor referral: Councillor Richard Chatterjee (10th Sep 2019)

Sandrock Pub – Ref: 20/02136/FUL
Two storey side and rear extension to The Sandrock Public House to provide an enlarged service (including front seating area) to the existing pub (A4 Use Class) and conversion of the upper floors including extension to form 4 flats (2×2 bed, 2×1 bed) and construction of a three storey building to the rear comprising 15 flats (8×3 bed, 3×2 bed, 4×1 bed); hard and soft landscaping; communal/amenity/play space; car parking between the two buildings; new crossover along Sandrock Place; boundary treatment and refuse and cycle provision.

We object to this development on the grounds that:

The proposal is an over-development for the area. The Residential Density is excessively high which would require a PTAL of 5 when the actual PTAL is just 2. The densities for this location at PTAL 2 at such a high percentage increases are NOT justifiable and compromise the London Plan Policy 3.4 – Optimising Housing Potential and should therefore be resisted – that is Refused.

The proposed development’s massing and height do not reflect the local character and forms of the surrounding locality.

The proposed development does not comply fully with minimum spaces standards for new dwellings or fully comply with the required amenity space standards.

There is no usable communal open space for the future occupants of the proposed development and there is no provision of children’s play spaces for children of the future occupants of the development.

The development is within the grounds of an existing building and is most definitely NOT subservient in terms of height and massing and therefore is non-compliant to the Croydon Plan Design and Character policies of DM10. In addition, the host building does not retain any garden after partitioning and is non-compliant to Policy DM10.4 e)

This proposal has insufficient car parking space and will result in overspill on street parking in the surrounding streets which will cause significant problems to adjacent existing residents.

There would be major overlooking and invasion of privacy to the occupants of number 6 Sandpits Road and 1A Sandrock Place private outdoor space and therefore does result in direct overlooking and should be refused.

MORA Objection Sent: 15th Jul 2020
Consultation Closes: 16th Jul 2020
Target Decision: 2nd Sep 2020
• Total Consulted: 48
• Objections: 122
• Supporting: 0

Orchard Park High School – Ref: 19/04183/FUL
Single storey rear extension, conversion to community gym including external alterations and access arrangements

Design & Access Statement
8.0 Conclusion

  • The opportunity to implement this scheme would utilise an existing building.
  • We believe the conversion to the existing facility will offer fitness to a wider customer base and prove an asset to the area.
  • The change of use for Use Class D2.
  • The proposal will create a range of full-time part time and self-employment opportunities within the local economy.
  • The proposed scheme will involve a large invest by the applicant and will provide a high-quality facility. The facility will offer fitness to a wider customer base and prove a long-term asset to the area.
  • Taking all the above into consideration, we believe the proposal brings into use a vacant building, in a suitable location and satisfies planning policy.

Consultation Closes: 16th Oct 2019
Target Decision: 8th Nov 2019
• Total Consulted: 72
• Objections: 0
• Supporting: 2

Land R/O The Shirley Inn Public House 158 Wickham Road Croydon: 19/03279/FUL
Erection of a residential development of two detached three storey buildings comprising a total of 6 flats (2×1 bed, 2×2 bed, 2×3 bed), provision of refuse and cycle storage, hard and soft landscaping and provision of two parking spaces.

The proposed development is outside the MORA area but in the Shirley North Ward. The application is in the Spring Park Residents’ Association (SPRA) Area, but we are in support in objecting to this development.

The proposed development fails to meet the objectives of London Plan Policy 3.4 – Optimising Housing Potential Table 3.2 in relation to an Excessive Residential Density of 459.77 hr/ha requiring a local PTAL of 5.031 when the local PTAL is actually only 3 and forecast to remain at PTAL 3 until 2031.

There is no allocated play space for children of the future occupants of this proposed development.

The development has inadequate parking provision in an Urban Shopping Locality of PTAL 3 of only two Parking Bays when the current London Plan Policy 6.13 requires up to 1.5 space at PTAL 3 and Residential Density of 459.77hr/ha & Housing Density of 114.94 units/ha which equates to 9 Parking Bays for 6 dwellings.

This proposed development also does not meet the Croydon Local Plan Policy DM10.1 in that development in the grounds of an existing building which is retained shall be subservient to that building, and this proposed development is clearly NOT subservient to that building which is the Shirley Inn Public House as shown above.

We object to this proposed development on grounds that it fails to meet the objectives of Policy DM10.9 a) & b) in that the proposed development does NOT respect or enhance the local character specifically the architecture of the host Shirley Inn and Public House or the key features of heritage of the host building and character of surrounding dwellings all which have pitched roofs which clearly clashes with the flat roofs of the proposed two blocks of flats.

We object to this proposed development on grounds of direct overlooking into gardens and properties of Barmouth Road as the rear windows of the proposed development are overlooking the gardens and properties of Barmouth Road at a distance of approximately 19m which is less than the minimum 18 to 21m between facing windows of habitable rooms.

On 16th Jul 2020,  21st Jul 2020,  2nd Aug 2020 & 17th Aug 2020 amended drawings were uploaded to the online register.

MORA Objection Sent: 2nd Aug 2019
Consultation Closed: 11th Aug 2019
Target Decision: 6th Sep 2019
• Total Consulted: 45
• Objections: 67
• Supporting: 0
Councillor referral: Councillor Sue Bennett (15th Aug 2019)


Land at Potters Close – Ref: 19/04138/FUL
Erection of motor operated gates at the entrance of Potters Close and associated button

DELEGATED BUSINESS MEETING – week of 26th November 2019

Reason(s) for Refusal:

1. The development would result in an unsatisfactory outcome for social cohesion in the area by reason of the entrance gate contributing to segregation of the community which would thereby conflict with the Suburban Design Guide (2019), Policies SP4 and DM10 of the Croydon Local Plan (2018) and 3.9 and 7.4 of the London Plan (consolidated with alterations since 2011).

2. The development would detract from the character and appearance of the area and would be detrimental to the accessibility of the locality by reason of creating a barrier between residential roads and would thereby conflict with Policy SP4.1 and DM10 of the Croydon Local Plan 2018, Suburban Design Guide Supplementary Planning Document and Policies 7.4 and 7.6 of the London Plan 2011 (consolidated with alterations since 2015).

Consultation Closed: 20th Nov 2019
Target Decision: 23rd Dec 2019
• Total Consulted: 26
• Objections: 1
• Supporting: 1
Permission Refused: 26th Nov 2019
Appeal Notice: 18th May 2020
Appeal Dismissed: 8th Oct 2020

Planning Complaints

16-18 Ash Tree Close – Ref: 19/04705/FUL
Demolition of the existing dwellings. Erection of 8 x 3-bed semi-detached dwellings with associated access, parking, refuse and cycle stores.

Flyer for download and distribution.

Suggested Reasons for refusal:

  • Over Development Residential Density at close on 300hr/ha for Public Transport Accessibility Level (PTAL) at 1a (should be between 150 to 200hr/ha at PTAL 1a);
  • Over Development Housing Density at close on 60 units/ha at PTAL 1a (should be ≈48 units/ha at PTAL 1a);
  • Densities would require a PTAL of >5 for Residential Density and approaching 3 for Housing Density when the locality has PTAL of 1a (numerically = 0.66);
  • Bed Spaces for 40 new occupants and only 8 car parking spaces;
  • Inappropriate Refuse and Recycling Storage for each dwelling;
  • Access limited width and parking difficult to negotiate ingress and egress.
  • The access would limit the available turning head for existing residents at Ash Tree Close Cul-De-Sac.

On 12th Dec amended drawings were uploaded to the online register.

  • Tracking Plans (Bays 1 – 8)
  • Elevations
  • Roof Plan
  • Roof Space Plan
  • First Floor Plan
  • Ground Floor & Site Plans

Case Officers Report Para 8.7 stated:
“8.7 The proposal results in an increased density on the site by eight additional residential units, all of which would be 3-bed, 5 person units. The scheme exceeds the density matrix (150-200) as set out within the London Plan at approximately 300 habitable rooms per hectare. However, given suburban setting combined with the similar footprint, form and spacing of the proposed dwellings in comparison to the surrounding properties, the acute need for new homes and the fact that the site is very close to the intensification area of Shirley, it is considered an appropriate density for this site.”

Whereas the actual distance to the intensification area of Shirley is approx. 1.5km.

NOTE: We are currently compiling an escalation to the Local Government Ombudsman supported by the consent of local residents.

MORA Objection Sent: 20th Oct 2019
MORA Objection (Amended Drawings) sent: 19th Dec 2019
Consultation Closes: 30th Oct 2019 – Extended to 28th Dec 2019
Target Decision: 27th Nov 2019
• Total Consulted: 72
• Objections: 62
• Supporting: 0
Councillor referrals: Councillor Sue Bennett (31st Oct 2019) and Councillor Richard Chatterjee (5th Nov 2019)
Case Officer Report recommends: Grant Approval
Planning Committee Slot: 27th Feb 2020
Permission Granted: 27th Feb 2020

MORA Stage 1 Complaint (6th Apr 2020) Our Complaint comprises the following issues:

  • What is the justification for ignoring Policy DM10.7 d)., allowing “Gabled” Roof Forms instead of requiring “Hipped” roof forms, sympathetic to the surrounding locality as defined by Policy DM10.7 d)?
  • This development is within 35 metres of the Environment Agency Flood Map of the encroachment of the “Chaffinch Brook” which in the past has resulted in significant flooding downstream (Fairford Avenue & Monks Orchard School) of this locality. Removal of vegetation and covering the area with 8 dwellings will increase the likelihood of local area surface water flooding downstream, including the effects of climate change. What is the justification for this proposed development to be considered “very low risk of surface water flooding”?
  • What is the justification for the case officer ignoring the required guidance of National Planning Policy (NPPF) para 122 – Achieving Appropriate Densities?
  • Each proposal which is shown to be an “overdevelopment” cumulatively contributes to unsustainable Public Transport Accessibility for the locality which is NOT considered by the LPA but which should be according to the Local Plan Policy at paragraph 6.41. The overall effect in Shirley North Ward requires a local PTAL trending to 5.8! Please provide justification why each over-development’s cumulative effect is not considered when contributing to local unsustainable public transport accessibility when evaluating whether a proposal should be approved?
  • Can you provide justification, exactly why it is acceptable for a development of Residential Density at a suburban setting and PTAL of 1a, which should be in the “broad ranges” of 150 to 200hr/ha equating to a TfL Accessibility Level Range of 0 to 2.5, Requires a Residential Density of 299.63hr/ha in the PTAL RANGE OF 4 TO 6 which equates to a TfL Public Transport Accessibility Level requirement of between 21.5 to 30 ? (This requires a 63.73% increase in Residential Density and a 707.58% increase in required PTAL from the appropriate recommended level of 1a (numerically 0.66) to 5.33 which is UNSUSTAINABLE as the PTAL is forecast to remain at 1a until 2031.
  • Can the Case Officer justify why he considers this development is “very close to the intensification area of Shirley” when it has been measured to be approximately 1.5km (≈1 mile) line of sight from the nearest “Focussed Intensification” boundary with the Shirley Centre? What is the Policy definition of “very close”?
  • 6 of the 8 Parking Bays require an “unacceptable manoeuvre” to exit from their bays and then exit in a forward gear into Ash Tree Close when parked in a forward direction, which is 75% of the provided parking bays (i.e. NOT a relatively small number of spaces as quoted by the Transport Team). The Transportation Team consider this arrangement to be “acceptable” but have NOT considered how this complication would be resolved if future owners wanted to erect garden fences to partition their front garden curtilages to define their areas of responsibility for garden maintenance. Also, it is NOT evident whether the drop-kerbs (Condition of approval #5 B & C) run the whole length of the new footpath as the mounting of the footpath required to exit is not necessarily directly opposite an entry point? This action is illegal, under Highways Act Section 27 [3] if there is no drop-kerbs at the point of mounting the footpath. (i.e. Only drop kerbs directly fronting and of limited width for forward gear access into each of the parking bays would be appropriate). Therefore, why was this allowed in breach of the Highways Act and by what justification for 75% of parking spaces (i.e. the majority of parking bays) required to mount the footpath and encroach on the curtilage of another property to exit from 75% of parking Bays?
  • What justification does the Case Officer have for supporting the application proposal with no turning head in the access drive?

(Case Number: CAS-163554-V7D4M9)
Stage 1 Response (30th Apr 2020) from Pete Smith, Head of Development Management.
Stage 2 Complaint (18th May 2020)
Stage 2 Response (15th Jun 2020) from Shifa Mustafa, Executive Director of Place.
Escalation to the Local Government Ombudsman (13th Aug 2020) Case ID Number 20 003 522.
Local Government Ombudsman Investigation (17th Sep 2020)

56 Woodmere Avenue – Ref: 19/01352/FUL
Demolition of a single-family dwelling and erection of a 3- storey block containing 2 x 3-bedroom and 7 x 2-bedroom apartments with associated access, 9 parking spaces, cycle storage and refuse store (amended plans and description)

Although the proposed development presented is architecturally acceptable, the proposal fails on a number of design requirement Planning Policies which results in an overdevelopment of the proposal for the locality and would not provide acceptable living conditions for future occupants. We therefore object to this proposed development on grounds of over-development and non-compliant to the current adopted London Plan Policy 3.4 Optimising Housing Potential due to excessive Residential Density of 350hr/ha and excessive Housing Density 116.67 u/ha at a locality of PTAL 1a. without any Justification. The current adopted London Plan Policy indicates that developments which compromise this policy should be refused.

We object to this proposed development on the grounds that the proposed dwelling does NOT fully meet the required minimum space standards as required by the current adopted London Plan Policy 3.5 as defined at Table 3.3 with respect to no Private Amenity Space for Unit 4, 5, 6, 7 and 9. Also, the proposal has inadequate provision of storage space for all of the Units which is a requirement of London Plan Policy 3.5. minimum space standards.

We object to this proposed development on grounds of inadequate parking provision and non-compliance to the London Plan Policy 6.13 for Outer London Boroughs which would result in overspill on-street parking reducing traffic Flow and contribute to traffic congestion and is therefore non-compliant to London Plan Policy 6.11.

We object to the proposed development on grounds of non-compliance to Croydon Plan Policy DM10.1 and Para 6.37 which although recognises a need for providing detailed guidance on SCALE, HEIGHT, MASSING, and DENSITY; the Croydon Local Plan Does NOT provide any guidance whatsoever or any greater clarity for applicants on either “SCALE, HEIGHT, MASSING, and DENSITY” as required by the New NPPF para 16 and para 122.

Thus, MORA comments on Croydon Plan Policy DM10.1 and para 6.37 are covered by our response to the current adopted London Plan Policy 3.4 Optimising Housing Potential.

We object to the proposed development on grounds that it does NOT meet the 45° Rule on height as measured from the adjacent dwelling ground floor window as required by the emerging Supplementary Planning Document SPD2, Chapter 2 Suburban Residential Developments at Para 2.11 Heights & Depths Projecting beyond Building Lines at pages 36 & 37. The proposed development is to be sunk into a 0.6m hole in the ground in order to meet the adjacent properties height restriction. If the built form is NOT actually sunk into the ground, the built form would be 0.6m higher and the projected 45° Rule would show much more of the proposed development would be above the 45° projection and significantly greater non-compliance to the policy. The built height is therefore extremely critical.

We object to this proposed development on grounds that it does NOT meet the requirements of Policy DM13 or Council Guidance on Refuse & Recycling for New Developments as published by Croydon Council with regard to Refuse Storage Area Capacity, Access to Storage, width of passageway and pull distance from storage area to refuse vehicle and thus the location within the building envelope.

We conclude that the proposed development is an overdevelopment for the locality and does NOT respect the existing residential and housing densities and therefore is non-compliant to Policy: Shirley Place Homes para 11.200 & Character, Heritage and Design para 11.202. There has been “absolutely no improved access or transport links” in Shirley with increased residential occupancy of 328 persons resulting from in-fill and redevelopment and therefore the policy Shirley Place Transport para 11.205 has NOT been fulfilled.

On 28th May amended drawings were uploaded to the online register.

  • All Proposed Plans
  • Landscape Maintenance Plan Report
  • Planting Schedule Report
  • Tree Specifications Report
  • Soft Landscaping Plans
  • Hard Landscaping Plans

The main changes are the internal layouts to meet the London Plan Table 3.3 minimum space standards and the addition of two car parking spaces fronting Woodmere Ave.

Planning Committee Agenda Item 6.1 – Thursday 1st August.
Local Resident Richard Chambers spoke on behalf of affected residents.
Decision Deferred on the grounds of architectural design.

Councillor Paul Scott didn’t like the roof form – thought it was ugly so deferred to allow applicant to change to design of the roof and perhaps other aspects. Footprint likely to stay the same.

On 3rd Sep amended plans were uploaded to the online register.

Planning Committee Agenda Item 6.1 – Thursday 24th October 2019.
Local Resident Richard Chambers and Councillor Richard Chatterjee spoke on behalf of affected residents.
Voted 6:3 to Grant Permission.

MORA Objection sent: 8th Apr 2019
MORA Objection (Amended Drawings) sent: 2nd Jun 2019
MORA Objection (Second Amended Drawings) sent: 17th Sep 2019
MORA Objection Addendum (Second Amended Drawings) sent: 20th Sep 2019
Consultation Closes: 18th Apr 2019 – Extended to 20th Jun 2019 – Extended to 25th Sep (Amended Plans and Description)
Target Decision: 15th May 2019
• Total Consulted: 38
• Objections: 31
• Supporting: 0
Councillor referral: Councillor Richard Chatterjee (23rd Apr 2019)
Case Officer Report recommends: Grant Approval
Planning Committee Slot: 1st Aug 2019
Decision Deferred: 1st Aug 2019
Deferred Planning Committee: 24th Oct 2019
Permission Granted: 24th Oct 2019

MORA Stage 1 Complaint (8th Dec 2019) Our Complaint comprises the following issues:
1. Failure to apply the current adopted London Plan Policy 3.4 to Optimise the Housing Potential or the consolidated emerging London Plan Policy D1A – Infrastructure requirements for sustainable densities, in accordance with the Policy on Residential and Housing Density appropriate for the available or forecast Public Transport Accessibility for the locality at a ‘suburban’ setting and at PTAL of 1a, as required by NPPF (2018/19) para 122 – Achieving Appropriate Densities.
2. Failure to consider the overbearing nature of the proposed development with regard to loss of amenity to the adjacent property at 54 Woodmere Avenue as defined by Policy SPD2 Figure 2.11c: Height of projection beyond the rear of neighbouring properties to be no greater than 45° degrees as measured vertically from the middle of the ground floor window of the closest habitable room on the rear elevation of the neighbouring property should NOT intersect the proposed development.
3. Failure to adequately consider the loss of natural light due to the closeness and overbearing nature of the proposed development on the living conditions of the occupiers of 54 Woodmere Avenue and failure to acknowledge and correct the errors in the applicant’s daylight study report.
4. Overbearing massing of proposed development in relation to surrounding properties.
5. Infraction of Planning Policies on grounds that it is more imperative to meet housing targets than to countenance and implement adopted Planning Policies. (Case Number: CAS-123091-Y3J7R2)
Stage 1 Response (18th Dec 2019) from Pete Smith, Head of Development Management.
MORA Stage 2 Complaint (13th Jan 2020)
Stage 2 Response (10th Feb 2020) from Shifa Mustafa, Executive Director of Place.
Escalation to the Local Government Ombudsman (11th Mar 2020) Case ID Number 19 020 965.
Local Government Ombudsman Decision (12th Jun 2020)
MORA Response to Local Government Ombudsman Decision (16th June 2020)
NOTE: Local Government Ombudsman complaint has been re-allocated to another case officer due to a potential conflict of interest.
Local Government Ombudsman Investigation (8th Sep 2020)

Additional Matters

Telecom Mast & Street Cabinets Fronting Greenview Avenue

This issue has been raised by local residents requesting MORA to clarify whether the Telecom structure (Mast & Antenna) height and changes to position of mast and street cabinets fronting Greenview Avenue warrants Planning Permission.

The previous 15m Mast has been replaced with a significantly taller mast with Antenna.

This is the third mast which has been changed from the original, with each being replaced with a higher mast and on this occasion, it is not only higher but the Service Provider has also moved the Mast several metres from the original position, closer to the corner with ‘The Glade’.

When this was first installed, the local residents were notified and told that the installation would be sympathetic to the surrounding environment and would blend in with the tree next to it, which it clearly does not at this new height and position.

We have investigated “Permitted Development” rights appropriate for Telecom Masts and support equipment and it is not clear if the changes are covered by Permitted Development as set out in this letter.

We are requesting clarification as to whether it is permissible for the service provider to significantly increase the height and change the location of this mast and supporting street cabinets without planning permission under ‘Permitted Development’ and if planning permission is required, should Development Management and Building Control be requesting retrospective planning permission via the normal channels, and allowing local residents a period for local consultation and comments before giving an approval?

We have received a response from Development Management and Building Control stating that the issue will be investigated by a Planning Enforcement Officer.

London Plan Guidance Documents – Consultation runs until 15 Jan 2020

The Greater London Authority are now formally consulting on five new guidance documents which will support the new London Plan, once published. The consultation runs until 15 January 2021. We invite you to take part in the surveys and contribute at a series of events.  More detail on events are included in the website links below and can be found at

Good Quality Homes for All Londoners

The draft guidance is a suite of documents that provides guidance on ensuring land is used in the best way to deliver the right quantity of new housing, at the right quality, in the right place, embedding high-quality design at the centre of housing delivery.

You can find more information at:

Public London Charter

The draft guidance set out a number of principles for the management and maintenance of public space that help ensure new public spaces are inclusive places, offering the highest level of public access, and ensuring any rules or restrictions are only those that are essential for the safe management of the space.

You can find more information at:

Shirley Focussed Intensification – MORA Letter to Nicola Townsend, Head of Development Planning & Steve Dennington, Head of Spatial Planning (21st Sep 2020)
Excerpt below:

MORA would like to clarify the current situation in relation to the “Focussed Intensification” designation DM10.11 along the Wickham Road, Shirley.

We understand that a letter has been sent to a number of Shirley Residents from our MP Sarah Jones indicating that due to the unlikely improvement foreseen in Public Transport infrastructure serving the low PTAL areas of Shirley, the “Focussed Intensification” along the Wickham Road has been proposed to be de-designated.

We assume that the Policies Map will need to be changed accordingly and the Local Plan updated to reflect this change in policy.

However, according to the Local Plan Review, the adoption of the new Revised Croydon Local Plan is forecast currently to be March 2022.

If the current policy remains in place until March 2022, the Wickham Road could undergo significant change of character by “Focussed Intensification” with no increase in Public Transport to support it, which would result in “Unsustainable Developments” as defined by the proposed policy.

To continue to allow proposals of “Focussed Intensification” when it has been agreed that the Supporting Infrastructure is clearly unlikely to be delivered, any additional approvals of “Focussed Intensification” would result in further “Unsustainable Developments” in Shirley, if allowed. (e.g. 19 Orchard Avenue Ref 20/03721/FUL)

Cllr, Paul Scott has always argued that ‘Transport Infrastructure’ would follow the increase in ‘development’ but this policy suggests otherwise, that infrastructure (existing or planned) should support the proposed developments.

We, “MORA” have been arguing this reasoning when formulating our objections ever since the Local Plan was drafted prior to its 2018 adoption but it fell on deaf ears in the Development Management Department! The result of this policy has resulted in significant increase of ‘Unsustainable Developments’ being approved in the MORA Post Code Area as defined by the current adopted London Plan Policy or the TfL WebCAT guidance.

Please consider this reasoning to agree an early change to policy DM10.11 for the Shirley Wards along the A232 Wickham Road in order to prevent further developments with ‘Unsustainable Transport Infrastructure’ in acknowledging receipt of this emailed letter and give it your expert interpretation and consideration as guided by the NPPF para 12 such that we can inform our Residents of your assessment to remove DM10.11 Policy from Shirley.

Read our letter in full here.

Below is the response from Richard Bruce, Planning Technical Support Team, Development Management:

. I can confirm that we are reviewing all the Areas of Focussed Intensification in the borough as part of the Local Plan review so that they align with the new London Plan’s approach to small site development in the most accessible locations with good access to local services. It is also taking into account the Secretary of State’s direction to the Mayor to amend the new London Plan regarding the expansion of existing high density areas.

As Shirley has a relatively low PTAL rating in general and is further than 800m from the nearest train station or tram stop as officers we are recommending that the Area of Focussed Intensification in Shirley be removed from the Local Plan review. As you rightly point out in your e-mail, this would not become adopted policy until 2022.

However, subject to approval by the Council’s Cabinet and then Full Council, upon publication of the draft Local Plan review for consultation in January next year it would be a material consideration in the determination of planning applications. It would then gain greater weight as it passes certain milestones in the plan making process (particularly if there are no objections made on it).

However, the adoption is subject to the appointed Planning Inspector(s) finding the whole of the Local Plan review sound (as well as the specific changes to the Areas of Focussed Intensification).

Planning for the Future – Open Consultation (6 Aug 2020 – 29 Oct 2020)

The Planning for the future consultation proposes reforms of the planning system to streamline and modernise the planning process, bring a new focus to design and sustainability, improve the system of developer contributions to infrastructure, and ensure more land is available for development where it is needed.

This consultation seeks any views on each part of a package of proposals for reform of the planning system in England. The proposals cover plan-making, development management, development contributions, and other related policy proposals.

Views are sought for specific proposals and the wider package of reforms presented.

To view the ‘Planning for the Future’ consultation document click here

The Ministry of Housing, Communities and Local Government is consulting on changes to planning policy and legislation. These proposals relate to England only.

This consultation is open to everyone. We are keen to hear from a wide range of interested parties from across the public and private sectors, as well as from the general public.

You can respond to the consultation online, or via email at:

This consultation will begin on 06 August 2020 and will close at 23.45 Thursday 29th October 2020.

You can view MORA’s submission here.

Croydon Plan Review 2020 – Results of Consultation (19 Oct 2020) –  Examination in Public (EIP) (Mar 2021) – Preparation of Responses (Dec 2021) – Adoption (2022).

Due to be adopted in 2022, the review will update the vision and strategy for Croydon’s growth up to 2039 and set out how the council will continue to deliver much-needed new homes, jobs and community facilities.

The first stage of the review was to gain feedback from the community with a period of consultation referred to as the Issues and Options consultation. This took place between November 2019 and January 2020 and is now closed.

To view our Croydon Local Plan Representation Forms click here.

The Preferred Option will be published during a second period of consultation on the 19 Oct 2020. At this time a summary of what we heard during the Issues and Options consultation and the subsequent decisions that have been actioned will also be published.

The Local Plan Review will be submitted to the Planning Inspectorate for Examination in March 2021 and adopted in early 2022.

We will let you know of any further information when we receive it.

MORA Planning

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