One of the reasons that contentious applications can't just be decided under delegated powers is that there is always the risk that the applicant will appeal.

Hello

I called Lewisham planning department on Friday 3rd February regarding the planning application DC/11/78485/X for 51-53 Canonbie Road.

This was because on the url for this application http://acolnet.lewisham.gov.uk/LEWIS-XSL...mkey=64537 it stated that it was currently being appealed.

Geoff Whitingdon was off on holiday but his admin colleague kindly informed me it was under appeal as it was still "non determined" I asked what this meant and she said that the applicant appealed because a decision was still to be made.

Then "STOP PRESS" she informed me that a new planning application had been submitted that day by the same applicant for the same address.

I queried as to how another application can be made whilst the first is still to be decided. She said as many applications as you like can be made at any one time.

So I wanted to inform as many people as I could about this and for evryone to keep an eye out as she said that the information would be published this week and letters sent out.......

Its going to be a long battle.......

I last heard that the decision was delayed as the applicant kept saying that they might pull the application before it was refused. In which case, its seems slightly perverse that they would appeal on this.

As an objector to the original plans, I've had no information about this appeal - and interested parties need to submit information by 5th March.

Will also keep an eye out for the new application. If anyone sees it, please post the link!

Anyone heard any more about the 2nd application that has been submitted for this site? Still nothing on the Lewisham planning portal.

I wonder if the 'admin colleague' who spoke to Hunter was confused? From the letter that objectors to the application have received, it is clear that the developer has appealed to the Planning Inspectorate for a decision based on the non-determination of the original application (as revised) by Lewisham Council.The Planning Inspectorate is the Government Department (agency?) that decides applications if they are refused by a Council and the applicant appeals. They can also make a decision if the applicant appeals because the Council has failed to determine an application within the statutory period which, from memory, is 12 weeks. This is not often done because, if the Planning Inspectorate refuses the appeal, the applicant cannot make a subsequent appeal as they could if they waited for a Council decision.

In this case, the Tewkesbury Lodge Estate Residents' Association supported the local residents in objecting to the original application, and its revised version. The Association will be submitting a formal objection to the revised application directly to the Planning Inspectorate.

I don't know if there if a need to submit further objections to the inspector in this case as the original objections to the initial version, and the revision of 25th October, would still apply.

I don't think the applicant has a chance of this being allowed as the parking directly beside bedroom windows demonstrates poor design even more than the scale of the building.

Of course it may be worth finding out which properties has the benefit of the covenant over this property as I would expect that more than two dwelling houses would be contrary to the covenant.

There is a new planning application for this site DC/12/79293/X:

The basement unit is a 3 bed flat, with rear garden, there is a 2 bedroom flat in the attic and two 2 bed and a 1 bed flat on each of the ground and first floors.

Is the TLRA doing anything bout this new application? Are they providing objection to the new planning application?

Hi

We live at 49 Canonbie Road and we need to get as many letters of objection written by neighbours as we possibly can - we received a letter about it on Saturday and we seem to only have until the 2nd May to write back (two and a half weeks!). The development seems to be almost as big as it was, and the building is still as intrusive in the area - this will completely destroy the character of this part of Canonbie Road and the setting of Netherby Road.

Also, have a read of the new Design & Access statement - still full of untruths about the area and the design; its very worrying when the architects still think most of the houses in the area are post-war when anyone would be able to tell Victorian and 30's buildings, doesn't bode well for a successful design and execution of a big building in a quiet residential street! Also, it mentions what Lewisham would be happy to see changed to allow granting of permission! So much for local democracy!

Mike

How many objections have been sent so far? Is the TLRA involved? Are your neighbours willing to support your objections? Again Lewisham councillors don't care of how people living in the area feel about these new projects.

Hi

We haven't yet had a chance to canvas support as we only received the letter on Saturday - last time there were 73 individual letters of objection, and the scheme isn't that different so hopefully residents will fell strongly again. One problem though seems to be that not everyone is receiving a letter, and there never are any notices put up in the street, which breaches planning law.

Mike

from what i can see, they have lowered the roofline a bit, but footprint remains the same. they have also added gates at the rear for pedestrian access from Sydmons Court.
we will update our original objection and resubmit. it is still a massive overdevelopment of the site and would add nothing to the local area.
awful

The front facade has changed a bit, they have reduced the size by one unit (but i think they may have essentially replaced 2 x 1 bed flats with 1 x 2 bed, so not that much of a reduction), but that seems to be it. Still not enough parking to allow for this size of development, the parking is right by bedroom windows, and their rather crucial error in the first submission - that they were trying to gain access to the private road which is 'Symons' (sic) Court has been nicely glossed over in this application.

If each new submission is going to see a reduction in one dwelling, its going to take a VERY long time until they reach the 2 dwellings allowed by the covenant under which this property is bound. But judging by the gross errors they are already making, I don't think they are going to find that themselves. Is it worth highlighting this point to them now, to save all the to- and fro-ing over another few applications?

We will of course be objecting to this, as we did with the first proposal. Not too much to change, but I will happily post the body of our objection letter here if anyone would like to view and/or use it for their own objection??

Here's the link to the new planning application 51-53 NEW planning document. I'm not sure who has been notified yet...

Apologies... Correct hyperlink: 51-53 Canonbie Road NEW planning docs

our objection letter went in today. only 2 days to go to lodge objections if you want to do so and haven't yet....

Second Planning Application rejected 24-05-12 !!! Thank you, thank you, thank you to everyone who sent in objection letters.
Conditions of Reasons:'The proposed building, by reason of density, scale, bulk and height is considered to represent an overbearing and excessive form of development, appearing out of context with the neighbouring dwelling-houses and the streetscene generally, whilst impacting adversely upon the visual amenities of neighbouring occupiers by way of reduced outlook, overlooking and an overwhelming sense of enclosure, contrary to Objective 10: Protect & Enhance Lewisham's Character, Spatial Policy 5: Areas of Stability and Managed Change & Policy 15: High Quality Design for Lewisham of the adopted Local Development Framework - Core Strategy (June 2011), and saved policies URB 3 Urban Design, HSG 4 Residential Amenity and HSG 5 Layout and Design of New Residential Development in the Council's Unitary Development Plan (July 2004) and Table 3.2: Sustainable Residential Quality Density Matrix in The London Plan (2011).'

The decision of Planning Inspectorate on the developer's Appeal to the first Planning Application should be made soon too. At a recent meeting with the Planning Inspector it was shown that the developer's base drawings were highly inaccurate. They had made the rear building lines of both neighbouring properties appear more extensive than they are and ofcourse matched their proposed building line to these imaginary ones thereby giving themselves more than an extra 2.5 metres depth of development! The Inspector did not look impressed and the attending Architect and Developer's agent were caught on the back foot - PRICELESS

Excellent news for us all but especially for you! I am sure all the hard work that you put into canvassing helped massively.


Can we assume that the rejection of the appeal on first application is now a foregone conclusion? It seemed rather odd to me that the council just never reached an decision on that. It felt (to my devious mind anyway) that this gave an advantage by default to the developer, rather as though someone failed to turn up for a court case. Given that so many people took the trouble to register objections, I think that we were rather let down. Perhaps though it happens all the time and I just don't fully understand the convoluted rules of the 'game'!!

Did I hear the developers have yet again raised this applicaiton with only minor changes? Is there a new risk of some aweful development in an inappropriate location?

Yes, yet again the developers have submitted an application to Lewisham council, this time for an extremely similar looking block, but with 6 flats instead of 8.

Residents are of course very much opposed to such a development of this lovely site on Canonbie Road, and if anyone who feels strongly is urged to object to the council planning department.

There's not much time as objections must be submitted before the end of this week, and ideally by 19th December (tomorrow).

Further details can be found on the Tewkesbury lodge residents association website, http://www.tewkesburylodge.org.uk, along with a sample objection letter, should you wish to write to the planners (or email them at planning@lewisham.gov.uk).