<<

David White

From: Danny Thorpe Sent: 06 September 2016 14:36 To: Pippa Hack; Paul Feehily; Katrina Delaney; Esther Swales; Robert Sutton Cc: Denise Hyland; Mark James; Debbie Warren Subject: Tonight

All,

I have now spoken to Mark and he agrees that we have to defer.

As that is technically a decision for the meeting, I think we need to prepare a statement for immediate release that says that will be the recommendation from Legal and we would expect that to be agreed. The next planning board (next week) will deal with that item on the agenda.

If we could then email all the people we can, release the statement and tweet etc, that would be great.

Katrina – this is for immediate release. The reputational risk of knowing and not doing anything is to great not to proceed. The quote should go from a council spokesperson.

I’m also emailing all members of the board now to advise of the issue.

Councillor Danny Thorpe Deputy Leader Royal Borough of

@DanLThorpe T: 07940 470 922

1 PLANNING BOARD DATE: 5th July 2016 TITLE: ITEM NO. Charlton Park, Charlton Park Road, Charlton, SE7 LEAD OFFICER WARDS: Charlton Director of Regeneration, Enterprise and Skills

1. Decision Required

1.1 The Planning Board is requested to grant Outline Planning Permission for a new skate park in Charlton Park with all other matters (access, appearance, landscaping, layout and scale) reserved for future considerations (16/0058/O).

1.2 The application drawings and supporting documents recommended for approval are set out below:

GRCH-PSP01 Rev C, 2502-MA-N-DR-2001, Design & Access Statement, Site Plan, Block Plan and Deficiencies & Benefits Briefing Note.

2. Summary

2.1 This is an outline planning application for a new skate park in Charlton Park with all other matters (access, appearance, landscaping, layout and scale) reserved for future consideration. The reserved matters are not to be considered under this application.

2.2 Charlton Park is an established recreational ground with a range of outdoor sporting and leisure facilities (gym, playground, football and cricket training pitches, changing room, cafe and toilets facilities). Charlton Park is approximately 21 hectares in size and bounded by Charlton Park Road to the North, Cemetery Lane to the East, Canberra Road and Charlton Park Lane to the South. Charlton House and its ground is located to the west of the site.

2.3 Charlton Park is designated as Metropolitan Open Land (MOL), Green Chain and part of a larger Area of Special Character. The site is located within Charlton Village Conservation Area.

2.4 The proposed skate park would be situated to the south of an existing 2012 outdoor gym and would measure approximately 900 square metres in size, with a maximum length of 33 metre and 41.2 metres in width. The proposed skate park would mainly comprise of two skate bowls and a platform below the ground level, except for the hips of the bowls and platform which would be approximately 750mm above the ground level.

2.5 The principle of introducing an open air recreational use in MOL Land would be consistent with National, and Local Policies. The proposed development would not result in the loss of any existing sporting facilities or recreational functions

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within Charlton Park as two existing outdoor table tennis tables associated with the outdoor gym would be relocated to the south within Charlton Park. The football training area would be moved to the east by 2.7 metres without compromising the size of the existing training pitches. One existing tree and a flower bed would be removed and replaced within the Park.

2.6 The proposed skate park is a significant distance from residential properties and Charlton House with no external lighting associated with the new development. Due to its siting and distance from neighbouring properties and Charlton House, it is considered that the proposed development would not have an adverse impact on residential amenities enjoyed by the neighbouring properties, the character of the MOL or have an adverse impact upon the setting of Charlton House and character of Charlton Village Conservation Area.

2.7 The proposal would also positively promote the provision of sports and recreation facilities in the Borough and assist residents to lead a more healthy and active lifestyle. The proposed facilities will be managed and maintained by the Council’s Park and Open Spaces Department. The design and construction of the Skate Park will be required to meet the Royal Society for the Preventions of Accidents (ROSPA) guidance for leisure and playground activities. The proposed development will also be subject to certificate by an external ROSPA accredited inspector and an annual inspection.

2.8 39 letters of objection and a petition with 734 signatures against the proposal were received. 65 letters of support and a petition with 933 signatures in support of this proposal were also received. The grounds of objection and support are set out in Sections 7 and 8 of this report.

2.9 The report sets out the details of the application and considers the responses to consultation together with the policy and other implications of the proposal. The report recommends that conditional planning permission be granted subject to the planning conditions and informatives.

3. Recommendation

3.1 The Board is requested to grant Outline Planning Permission for a new skate park in Charlton Park with all other matters (access, appearance, landscaping, layout and scale) reserved for future considerations. Subject to the conditions set out below at section 3.2 of this report and the informatives listed below:

3.2 Conditions:

Drawing Numbers:

1. The development hereby permitted shall be carried out in accordance with the following approved plans:

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GRCH-PSP01 Rev C, 2502-MA-N-DR-2001, Design & Access Statement, Site Plan, Block Plan and Deficiencies & Benefits Briefing Note.

Reason For the avoidance of doubt and in the interests of proper planning, to ensure that the development is implemented in accordance with the approved plans.

Reserved Matters:

2. No development shall be started until detailed plans/sections and elevations showing the following details in respect of the relevant parts of the development have been submitted to, and approved by, the Local Planning Authority and the relevant part of the development shall in all respects be carried out in accordance with the approved plans:

i) Access; ii) Appearance; iii) Landscaping; iv) Layout; and v) Scale;

Reason In order that the Council is satisfied with the details of the proposed development and to ensure compliance with Policies 2.18, 3.16, 3.19, 6.13, 7.3, 7.4, 7.8, 7.17 and 7.19, of the London Plan and Policies DH1, DH3, DH(b), OS1, OS(a), OS(f), IM(b) and IM(c), of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies (July 2014).

Expiration of Planning Permission:

3(a) An application for the approval of the reserved matters pursuant to condition 2 and for each phase of the development shall be made to the Local Planning Authority before the expiration of 3 years from the date of this permission; and

3(b) The development to which this permission relates shall begin not later than whichever is the later of the following dates: - a) the expiration of 3 years from the date of this outline planning permission; or b) the expiration of two years from the approval of the relevant phase of the reserved matters, or in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason To comply with Section 92 of the Town and Country Planning Act 1990 (As Amended). The time limits are considered to be reasonable in view of the nature and timescale of the proposal.

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Facing/Surface Materials:

4. Full details of the facing/surface materials including samples to be used on all other finishing materials including paving, roads, means of enclosure, shall be submitted to, and approved by, the Local Planning Authority before the relevant part of the development is commenced. The scheme shall thereafter be implemented in accordance with the approval.

Reason To ensure that the appearance of the development is satisfactory and that it contributes to the character and appearance of the area in accordance with Policies 7.4, 7.8, 7.17 of the London Plan and Policy DH1 of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies (July 2014)

External Illumination

5. No means of external illumination shall be installed without the submission of details and their prior approval in writing by the Local Planning Authority

Reason: To protect the amenities of nearby residential properties and the surrounding area in accordance with Policy 7.15 of the London Plan and Policy E(a)of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies (July 2014)

Construction of Development:

6 The construction, earth removal and any mechanical building operations required to implement the development shall only be carried out between the hours of:

Monday to Friday – 8.00am to 6.00pm Saturdays – 8am to 1.00pm And not at all on Sundays and Public and Bank Holidays

Reason To protect the residential amenity of adjoining occupiers and ensure compliance with London Plan Policy 7.15 and Policy E(a) of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies (July 2014).

Work Method Statement:

7. Prior to the commencement of any works and/or demolition/construction work on each relevant phase of the development a demolition/construction method statement shall be submitted to and approved by the Local Planning Authority. The method statement shall include full details of the following:

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o Haulage Routes; o Measures to ensure the footway and carriageway is not blocked; o Likely noise levels to be generated from plant; o Proposals for monitoring of noise and procedures to be put in place where agreed noise levels are exceeded; o Likely dust levels to be generated and any screening measures to be employed; o Proposals for monitoring dust and controlling unacceptable releases; and o Wheel washing facilities and facilities for discharging the water.

Reason: To protect the residential amenity of adjoining occupiers and ensure compliance with London Plan Policy 7.15 and Policy E(a) of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies (July 2014).

Replacement Trees/Planting

8. Replacement Trees/Planting

Detail of replacement trees and planting (including location, species, size, height and spacing) shall be submitted to and approved by the Local Planning Authority prior to the completion of skate park. The approved species should be planted within one year or the next planting season whichever is the earliest.

Reason:

In order to maintain the character and amenities of the area and ensure compliance with London Plan Policies 7.19 and 7.21 and Policy OS(f) of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies (July 2014).

Landscape Management Plan

9. A landscape management plan shall be submitted to and approved in writing by the Local Planning Authority before any part of the landscaping works are begun. The landscape management plan shall include a plant schedule related to the proposed skate park (including details of species, age, height, rootstock, number and spacing); details of timing of planting, plant staking and ties, plant protection, soil and plating pit specification, and a 5 year maintenance programme (including watering, mulching, weed control, pruning, hedge and grass cutting and plant feeding).

Reason: In the interest of the visual amenities of the area in accordance with Policies 7.4 and 7.17 and Policy OS(f) of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies (July 2014).

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RoSPA Operational Inspections Certificate

10. The development shall achieve “RoSPA” certification for wheeled sports facility. Full details of the proposed measures to achieve “RoSPA” certification shall be submitted and approved by the Local Planning Authority, in consultation with the Council’s Parks and Open Space prior to the commencement of construction for each phase of development.

Reason: In the interest of a safe and secure environment and ensure compliance with Policy 7.13 of the London Plan and Policy DH1 of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies (July 2014).

Management and Maintenance Plan

11. A Skate Park Management Plan shall be submitted to and approved in writing by the Local Planning Authority prior to the use of the Skate Park. The management plan shall set out:

• Maintenance Plan for the skate park facilities; • Management of the skate park facilities; • Details of skating rules; • Operating hours; and, • Health and safety guidance.

Reason: In the interest of the safety of all users and the residential amenity of adjoining occupiers in accordance with Policy 7.13 of the London Plan and Policy DH1 of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies (July 2014)

Tree Protection Plan

12. Full details of the tree protection measures shall be submitted to and approved by the Local Planning Authority prior to the commencement of works on the site and shall be installed and maintained during the implementation of the development in accordance with BS 5837:2012.

Reason To ensure that no mechanical digging will take place or storage of materials within the roof protection zone, ensuring the health and survival of the trees on site and ensure compliance with Policy OS(f) of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies (July 2014).

Relocation of Table Tennis Tables

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13. The development hereby permitted shall not be commenced until the two existing table tennis tables have been relocated within Charlton Park and made available for use.

Reason To ensure the satisfactory quantity, quality and accessibility of compensatory provision, which secures a continuity of use in accordance with Policies 3.2 and 3.19 of the London Plan and Policies OS(a), CH1 and CH2 of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies (July 2014).

Sustainable Drainage System

14. Prior to the implementation of the development, details of a surface water drainage scheme based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall include details of how the scheme will be maintained and managed after completion and calculations to demonstrate the adequacy of the soakaways and surface water drainage proposals.

Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage system and comply with Policy 5.13 of the London Plan and Policy DH 1 of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies (July 2014).

4. Site and Surroundings

4.1 Charlton Park is a recreation ground with outdoor football and cricket training pitches, changing facilities, an outdoor gym and a playground. There are five entrance and exit points to Charlton Park.

4.2 The park is bounded by Charlton Park Road to the North, Cemetery Lane to the East, Canberra Road and Charlton Park Lane to the South. Charlton House is a Grade I Listed Building located approximately 240 metres west from the proposed skate park. Charlton Park Academy is located to the north-east of the site facing Charlton Park Road.

4.3 The application site is located within Charlton Park and is adjacent to an existing outdoor gym. Charlton Park is approximately 21 hectares in size, is designated as Metropolitan Open Land (MOL), forms part of the Green Chain, an Area of Special Character and is located within Charlton Village Conservation Area. Charlton Village

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is served by 5 bus routes (No. 53, 54, 380, 422 and 486). is approximately 1km north-west from the application site. The public transport accessibility of the site is 3 on a scale between 1 and 6, where 1 is poor and 6 is excellent.

5. Background and relevant history

5.1 On 28 th August 2008, planning permission was granted for the erection of outdoor gym equipment and other associated facilities to include tennis wall, goal and basketball hoops and new surface treatment (ref: 08/1868/F).

5.2 On 12 th September 2008, advertisement consent was granted for the installation of one non-illuminated sign, logo signs on gym equipment and on floor of open-air gym (ref: 08/1952/A).

5.3 On 22 nd June 1998, planning permission was granted for the erection of 12 metres high floodlighting, refurbishment of pavilion including anti-vandal roof and taking up existing running track and turfing (ref: 98/0323/F).

6. Proposals

6.1 This is an outline planning application for a new skate park in Charlton Park with all other matters (access, appearance, landscaping, layout and scale) reserved for future considerations.

6.2 The proposed skate park would measures approximately 900 square metres with a maximum length measuring 33 metres and a maximum width of 41.5 metres. The coverage equates to 0.43 per cent of the whole of Charlton Park.

6.3 The proposed skate park would comprise of two skate bowls broadly circular in shape and a skate platform broadly rectangular in shape. The hip of the bowls will have a maximum height measuring 750mm above the ground level. The deepest point of the bowls would be 1600mm below the ground level. The skate platform would consist of a set of multiple flat banks and would be below the ground level.

6.4 The proposed skate park would be open to members of public to use. No external lighting would be introduced to facilitate any late and unsociable hours of use.

6.5 As part of this proposal, two existing outdoor table tennis tables associated with the outdoor gym would be relocated to the south of the skate park and this would be secured through a planning condition. One existing tree and a flower bed area would be removed and their replacement within Charlton Park will be secured through a planning condition.

6.6 As all matters are reserved the specific details of these phases will come back to the Council for approval.

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7. Consultation

7.1 Public consultation was undertaken which included statutory bodies and local amenity groups, together with 65 individual letters of notification being sent to surrounding occupiers. The application was advertised in the press and 11 site notices were erected on site. The following responses have been received to the consultation undertaken:

Statutory Consultees:

7.2 Sport :

It is understood that the site forms part of, or constitutes a playing field as defined in The Town and Country Planning (Development Management Procedure) (England) Order 2015 (Statutory Instrument 2015 No. 595). The consultation with Sport England is therefore a statutory requirement.

Sport England has considered the application in the light of the National Planning Policy Framework (particularly Para 74) and Sport England’s policy on planning applications affecting playing fields ‘A Sporting Future for the Playing Fields of England’ (see link below): www.sportengland.org/playingfieldspolicy .

Sport England’s policy is to oppose the granting of planning permission for any development which would lead to the loss of, or prejudice the use of, all or any part of a playing field, unless one or more of the five exceptions stated in its policy apply.

The proposed development involves the construction of a new skatepark in Charlton Park.

The proposed skatepark would appear to be partially sited on an existing area of playing field which could be used to mark out a playing pitch or part thereof. Although there will be a slight encroachment onto the existing floodlit training grids, these will be relocated slightly to the east of their existing location to reduce this encroachment.

As the development is for the provision of an outdoor sports facility and the provision of which would be of sufficient benefit to the development of sport, the proposal is considered to meet exception E5 of the above policy.

As part of the consultation on this planning application Sport England has consulted The FA and they have confirmed that they are ok with these proposals.

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This being the case, Sport England does not wish to raise an objection to this application, subject to the following condition(s) being attached to the decision notice (if the Council are minded to approve the application):

The development hereby permitted shall not be commenced until the two existing table tennis tables have been relocated within Charlton Park and made available for use.

Reason: To ensure the satisfactory quantity, quality and accessibility of compensatory provision which secures a continuity of use.

Reponses: The comments are noted and a planning condition is attached in respect of the relocation of the table tennis tables.

7.3 Historic England (Former England Heritage):

Historic England was consulted at pre-application by the applicant. In responding to this pre-application request, English Heritage (as they were known at the time) stated the following:

On the basis of the information provided, we do not consider that tyour plans are likely to lead to an application which would need to be notified to English Heritage. Accordingly it is not necessary for us to participate in pre-application discussions. English Heritage therefore has no comment to make on the proposals. ]

Since this pre-application request Historic England have confirm that they remain of this view on the understanding that the scheme remains essentially the same and no significant above ground features are included.

Reponses: The comments made are noted.

Local Amenities Group

7.4 Friends of Charlton Park

Friends of Charlton Park raised objection to the proposal on the grounds that Sport England does not appear to have been consulted. The existing table tennis associated with the Olympic Game Legacy 2012 appears to be a boundary marker of the outdoor gym instead of performing any recreational purpose. The proposed skate park would be partially located within the outdoor gym area and result in encroachment on the training area (4.5 metres in width and 80 metres in length). The training area is well used at peak times and there is no room for the proposed development. The proposed skate park is in the wrong location, too big and unsafe without barrier. The proposal would create conflict between the users of Charlton

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Park such as dog walkers, café users, disabled access and walkers in dark hours. There is inadequate parking on Canberra Road.

There is no area for spectators or skateboarders to congregate at the skate park. It is understood that there are already plans to divide the path and put in place a dedicated cycle path. The existing gym shall be included in the overall skate park area.

Response

Sport England was consulted and raised no objection to the proposal (para. 7.2). The existing football training area would be relocated to the east by 2.7 metres without comprising its overall sizes and its current functions or facilities. The existing table tennis tables are not a boundary marker in Charlton Park. The definitive design details including any essential perimeter fencing and safety aspect of the proposed skate park are subject to a RoSPA Certificate, which will be secured through the imposition of a planning condition. The siting of the proposed skate park would not overhang or encroach upon any existing footpath across Charlton Park. Furthermore Charlton Park is approximately 21ha in size with the skate park covering an area of approximately 900 square metres. As such the proposed development would not create significant conflicts between the users of Charlton Park. The existing outdoor gym is already in-situ and does not form any part of this proposal. There is no external lighting associated with the proposed skate park to support any late hour use after dusk. There are no seating areas associated with this proposal and it should be noted that there are no specific seating area for other existing sport, recreational and leisure facilities. The site is accessible by public transport and car parking facilities are available in the area.

7.5 The Charlton Society

The Charlton Society raised no objection in principle to the siting of the proposal as it appears to be the most suitable location considered by RBG. The proposed skate park should be shifted to the south to avoid any conflict between the users and reduce the area covered by tarmac. The paving materials should be more sustainable instead of tarmac. The area to the south of Skate Park could be incorporated as part of the skate park with seating area. The Charlton Society is in support of the commitment to provide a screen between the proposed skate park and Charlton House.

Response:

The proposed skate park would be detached from the perimeter of the existing outdoor gym. As already stated Charlton Park is approximately 21ha in size and the proposed skate park will only be approximately 900 square metres. The definitive design and external surfacing materials would be subject to RoSPA Certificate. The footpath link to the proposed skate park would be limited to 1.5 metres wide. There is no proposal for any additional seating area for the skate park. As the development would be located approximately 127 metres from the grounds of Charlton House, 250 metres from Charlton House itself and in

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light of the comments made by Historic England it is considered that any screen is not required.

Council Departments:

7.6 Pollution Control:

In order to control noise from the proposed skate park it is recommended that the area be secured by a suitable perimeter fence with access only during the following hours:

• Monday to Saturday 8am to sunset • Sunday/Bank Hols 9am to sunset.

Response: Any essential fencing required will be secured via RoSPA and would be submitted to the Council for full consideration in future as part of a planning condition. There is no external lighting associated with the proposed skate park to support any late hour use after dusk, however the hours of use will be secured as part of the Maintenance and Management Plan for the facility.

7.7 Parks and Open Space

The Parks, Estates and Open Spaces (PE&OS) Department are supportive of the proposal to build a skate park at the location shown in the outline planning application in Charlton Park. This location benefits from existing facilities including public toilets, flood lighting and a café that will complement the use of the proposed skate park. There is also an entrance to the park close to the proposed location for the skate park and the site benefits from frequent busses from and Greenwich. There is also a car park in the park with 43 car parking bays (including 5 disabled parking bays). Royal Borough of Greenwich PE&OS staffs have a base at Charlton Park and will be able to carry out regular safety inspections and cleansing of the facility. PE&OS consider that the provision of a good quality skate park will add sporting and recreation value to the park. Impacts of the proposed development including the relocation of two table tennis tables (within the park), removal of a rose bed (it may be possible to lift and replant some/all of the roses) and removal and replacement of a tree are not considered significant. PE&OS are also in separate discussions with a local community group regarding planting some small fruit trees on part of the boundary of the cricket pitch field (west of the proposed location) and this will provide partial screening of the proposed skate park from Charlton House.

Response:

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The above comment is noted.

8.0 Public Consultation

8.1 The occupiers of 65 neighbouring properties were consulted on the 23 rd February 2016 with a further 147 neighbouring properties notified on the 17 th May, 2016. A total of 11 site notices were also placed on site and the application was also advertised in the press. To date 39 letters and a petition with 734 signatures have been received objecting to the proposed development on the following grounds:

8.2 Inappropriate development in MOL land and loss of green open space

Response The principle of introducing an open air sport/recreational use into MOL and Charlton Park complies with National, London and Local Planning Policies. Charlton Park is approximately 21ha in size and the proposed skate park would be approximately 900 square metres in size. As such the proposed skate park would not have an adverse imacpt on the open character of Charlton Park.

8.3 Proposed development should be located in other open parks, including . The BMX track in Hornfair Park could be adapted as a skate park instead of in the middle of Charlton Park.

Response At present, there is no skate park facility within the Borough since the closure of Woolwich skatepark in 2015. Charlton Park is situated at a relatively central location within the Borough in terms of its geographic location. There are 8 secondary schools and 7 primary schools located within 1 mile of Charlton Park or Charlton Ward. Charlton Ward has a higher percentage of younger people than Kidbrook and Hornfair Ward. Due to its relatively central geographic location and its close proximity to local schools and the sites accessibility to public transport, it is considered that the location of a new skate park in Charlton Park would be an appropriate location and would offer a better range of sports and recreational facilities for the local community.

8.4 Infringement of Human Rights as the proposed development would prevent resident’s right to enjoy their properties. The proposal would result in an increase in anti-social behaviour, noise and light pollution particularly during dark hours and at the weekend. No management and maintenance details are provided.

Response The proposed skate park is not located along the boundary of Charlton Park and no external lighting would be installed to enable the use at dusk. The nearest residential properties are located 60 metres from the proposed skate park. As such, there would be no adverse impact on existing residential amenities.

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There is no evidence to suggest that the proposed development would result in an increase in any anti-social behaviour. . It is considered that the development would promote and improve facilities within the existing recreational ground. The proposed development will provide a venue for skateboarding in the Borough for the local community and will help to improve the physical well being of users. It will provide a safe and accessible venue for local people to enjoy the outdoor facilities available and in turn will help to reduce crime and incidents of anti-social behaviour.

8.5 Skate parks are generally ugly in terms of their external appearance. The proposed development would be out of character and adversely impact on the Charlton Village Conservation Area and views to Charlton House, which is a Grade I Listed Building.

Response The site falls within Charlton Village Conservation Area which is characterised by large areas of used open space. The majority of this conservation area is designed as MOL land and used for formal and informal recreational purposes. The site is located outside the grounds of Charlton House and is located approximately 240 metres from Charlton House itself and 127 metres from the grounds of Charlton House... The proposed skate park would introduce an additional open recreational use in Charlton Park and would maintain the character of this Conservation Area. The proposed skate park would mainly comprise of two bowls and a set of platforms below ground level. The hip of the bowls and platforms would be approximately 750mm above ground level and would not be higher than the existing fixture of the adjacent outdoor gym. Due to its proposed use, siting and limited height, it is considered that the proposed development would not have an adverse impact on the character of the Charlton Village Conservation Area, or impact on views/the setting of Charlton House.

8.6 Residents were not consulted when conducting this proposed development.

Response Formal consultation relating to this outline planning application was carried out when the application was received by the Council. This application was also advertised in the press and 11 site notices were erected.

8.7 A 3D Drawing should be provided to visualize the proposed development

Response: The submitted drawings clearly indicate the location of the proposed park. The provision of a 3D drawing is not deeded to be necessary.

8.8 The location of Skate Park is close to the other existing facilities creating conflict between the users. There are no management or supervision details to control the use of the new facility and its operating hours.

Response The design, layout and all fixtures would be required to meet the Royal Society for the prevention of Accidents guidance for leisure and playground activities and will be subject to

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certificate by an external ROSPA accredited inspector and annual inspection. The operation and maintenance of the Skate Park would be managed by the Council’s Parks and Open Spaces Department, who currently have a base at Charlton Park and will be able to carry out safety inspections and cleansing of the facility. Irrespective of this a condition is also proposed for the submission and approval of a Maintenance and Management plan for the facility.

The proposed skate park would be located within an area currently being underused. A new pedestrian path measuring approximately 1.5 metres wide would be created to gain access to skate park and would be suitable to gain access by wheelchair users.

8.9 Increase traffic problem

Response Response is set out under Section 16.1 to 16.4 of this report

8.10 Development will exclude certain groups and in particular women and young children who will not feel safe with groups of mainly male groups.

Response The new facility will be open to all groups of people.

8.11 The proposed skate park is too small

Response The proposed skate park would be approximately 900 square metres in size and is considered to be adequate.

8.12 The proposal would result in surface water drainage issues due to the reduction of green area and water recycled.

Response The proposed development is subject to landscaping details which including surfacing material. New planting including surface water drainage details would be secured via planning conditions.

8.13 Does not promote low and zero carbon development or promote town centres

Response As this proposed development does not relate to any new building, there is no planning requirement to achieve zero carbon development. Open air recreational and sport facilities such as skate parks are supported in locations such as Charlton Park and are considered not to be appropriate in town centres..

8.14 A petition with 933 signatures and 65 letters in support of this proposal have been received. The reasons are summarized as below:

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i) At present, there is no other skate park in the Borough and there is a lack of skate park facilities in the South East part of London. Residents have to travel to other borough for skateboarding, such as London Borough of Tower Hamlet with three skate parks. ii) The proposed skate park would complement the existing functions of Charlton Park and become a valuable asset to the local community. The proposal would add on to another successful development offer to the residents in the Borough, including the BMX track in Hornfair Park. iii) The location of the proposed skate park is well supported by amenities, with a café and public transport. However, the size of the skate park should be bigger. iv) The proposed skate park would comply with Healthy Greenwich, Healthy People’ Strategy, aimed at tackling obesity and ill-health in the Borough. v) This facility is much needed to encourage children to exercise, to play outdoor, meet people and develop their social and communication skills instead of staying indoor on the internet. The proposal would also bring physical, mental and social benefits for all groups of people including adults. The absence of this facility would remove the opportunities for young people and teenagers to develop their skills. vi) This recreational facility would help people to development mutual care between the users and teaches social skills which is lacking in this modern society. The facility would assist to social cohesion and develop a healthy community.

vii) The proposed development would bring visitor to Charlton Village and is a place with good public transport accessibility. The proposal would encourage young people to use and visit the park and exercise. viii) The provision of a wider recreation facility in the Borough would benefits a wider range of users/group of people. ix) Informal mentoring culture often develops around skate parks, not just around skating but also around wider life issues, adults, challenging inappropriate behaviour and encouraging positive behaviour. x) Health and Wellbeing of children should be taken into account when considering this application. This proposed development will promote healthy communities and support appropriate health infrastructure. xi) The proposal would help children with Autism and would be a good venue for sport and exercise and good use of space. xii) Great exercise and provide confidence and challenge sport, meeting friends.

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xiii) The proposal would be a good replacement facility in the Borough.

xiv) Big Red Bus Club currently used by over 300 local families and over the last five years have supported over 1500 local families with children under five. The Club offers a free daily stay and play services and are volunteer led by local families. , funded by the goodwill of the local communities of Charlton.

Response: The above comments are noted.

9. Planning Context 9.1 This application needs to be considered in the context of a range of national, regional and local planning policies.

9.2 National Planning Policy Framework (NPPF)

9.2.1 This document came into force on 27 th March 2012. The NPPF provides Central Government’s overarching planning policy. The principles and policies contained in the Framework is clear that there is a presumption in favour of sustainable development. The Framework identifies 12 core land-use principles that that should underpin decision making and plan preparation.

9.3 The London Plan (2016)

9.3.1 The London Plan which forms part of the Development Plan, seeks to accommodate substantial future growth in London’s economy and population whilst creating a more open and equitable society, and at the same time preserving and improving London’s heritage and environment.

9.3.2 The London Plan forms part of the development plan for . A number of alterations have been made to the Plan to ensure it is as up-to-date as possible, in particular regarding references to Government guidance and national legislation enacted since July 2011.

9.3.4 The following London Plan policies are of consideration:

London’s Places

2.18 Green Infrastructure: The Network of Open and Green Spaces

London’s People

3.2 Improving Health and Addressing Health Inequalities 3.16 Protection and Enhancement of Social Infrastructure 3.19 Sports Facilities

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London’s Response to Climate

5.13 Sustainable Drainage

London’s Transport

6.9 Cycling 6.10 Walking 6.13 Parking

London’s Living Places and Spaces

7.3 Designing out Crime 7.4 Local Character 7.8 Heritage Assets and Archaeology 7.13 Safety Security and Resilience to Emergency 7.15 Reducing Noise and Enhancing Soundscape 7.17 Metropolitan Open Land 7.19 Biodiversity and Access to Nature 7.21 Trees and Woodlands 8.3 Community Infrastructure Levy

9.4 The Royal Greenwich Local Plan: Core Strategy with Detailed Policies (“Core Strategy”)

9.4.1 The Core Strategy was adopted on 30 July 2014. It is the key strategic and statutory planning document for Royal Greenwich and will guide decisions about the developments that will take place over the next 15 years. It also contains detailed policies that will be used to assess planning applications. All planning decisions must be made in accordance with the Development Plan, unless material considerations indicate otherwise.

9.4.2 The main Core Strategy policies relevant to this application are:

Design and Heritage Policies

DH1 Design DH3 Heritage Assets DH(b) Protection of Amenity for Adjacent Occupiers DH(h) Conservation Area DH(l) Areas of Special

Open Space Policies

OS1 Open Space OS(a) Development in Metropolitan Open Land OS(f) Ecological Factors

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Environment and Climate Change Policies

E(a) Pollution

Cohesive and Healthy Communities Policies

CH1 Cohesive Communities CH2 Healthy Communities

Infrastructure and Movement Policies

IM4 Sustainable Travel IM(b) Walking and Cycling IM(c) Parking Standards

10. Considerations

10.1 This application is considered in the context of national, regional and local planning policies referred to in the preceding section of the report, and in relation to the representations received as a result of the consultation process. This section of the report provides an analysis of the specific aspects of the proposed development and the principal issues that need to be considered in the determination of this planning application. The principal issues that have to be addressed in relation to this scheme are:-

• Application Type • Principle of the development (Metropolitan Open Land); • Design • Impact on setting of Listed Building, Character and Appearance of Conservation Area; • Residential Amenity; • Parking Standards; and, • Implications for Disadvantaged Groups.

11. Application Type

11.1 This is an outline planning application for a new skate park in Charlton Park with all other matters (appearance, access, landscaping, layout and scale) reserved for future considerations. The scope of this application is limited to the principle of development only. The detailed aspects relating to the external appearance of the development, means of access, landscaping, layout and scale of this proposal are not to be considered under this application.

12 Principle of Development

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12.1 Core Strategy Policy OS1 seeks to safeguard, enhance and improve access to existing public and private open space, which includes designated Metropolitan Open Land (MOL). Core Strategy Policy OS2 seeks to maintain the open character of MOL from inappropriate development. Development generally considered as appropriate within MOL includes open air recreation uses, sports grounds and playing fields. This is supported by London Plan Policy 7.17.

12.2 The principle of using open space for open air sporting and recreational activities, such as a skate park is acceptable. This is consistent with both London Plan and Core Strategy Policies which control development in MOL. The proposed skate park would be open to the public and will not be detrimental to the open character of Charlton Park.

12.3 In addition, Core Strategy Policy CH2 states all development must allow and enable residents to lead more healthy and active lifestyles. Measures that will help to build healthier communities and address health inequalities must be incorporated into development and proposal are expected to promote healthy and active living for all age groups. This is supported by London Plan Policy 3.2, 3.16 and 3.19, which amongst other matters supports improved sport provision.

12.4 The Council recognises that parks and green spaces are precious resources that can make a valuable contribution to the attractiveness of a neighbourhood, to the health and wellbeing of people and expand educational opportunities for children and adults alike. There is a balance to be struck between enhancing the openness of designated areas of open space and to facilitate diverse recreational opportunities that enable residents to lead a more healthy and active lifestyles.

12.5 The proposed skate park would be open, accessible and free for all groups of people. The proposed development would provide more opportunities for residents to engage in outdoor activities and promote healthy communities. Furthermore, it should be noted that there is no other purpose built skate boarding facility in the Borough since the closure of Woolwich Skate Park in October 2015. It is considered that the proposed development would positively complement the existing recreation and sporting functions of Charlton Park.

12.6 Two existing table tennis tables associated with the existing outdoor door gym would be relocated to the south of the proposed skate park. The existing football training pitched area situated to the east of the proposed skate park would be shifted to the east by 2.7 metres. It should be noted that the size of the existing football training area would be maintained and would not result in any loss of pitches and any reduction of its size.

12.7 Sport England was consulted on the application and raised no objection to the proposed development provided that the table tennis tables would be re-provided within Charlton Park. By introducing a new facility, the proposed development would increase diversity to the recreation, leisure and sporting facilities that already exist in

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the Park. The proposed development therefore complies with the aims of Core Strategy and London Plan policies outlined above.

13. Design

13.1 Core Strategy Policy DH1 and London Plan Policy 7.4 requires new development to be of a high quality design so that it contributes to both the built and natural environment. In addition, Core Strategy Policy OS(a) states small scale built development which has a primary function for a purpose ancillary and essential to an appropriate use as stated in Policy OS2 may be permitted providing that the design, scale, massing, siting and landscaping of the proposal relate sensitively to the character of the surrounding open land. The proposal should not be visually intrusive and should have minimal impact upon the nature of the area.

13.2 Whilst this is an outline application with all matter reserved to be considered, a drawing indicates the siting and body of the proposed skate park with section drawings provided. The proposed skate park would comprise of two skate bowls broadly circular in shape and a skate platform broadly rectangular in shape. The hip of the bowls and platform would have a maximum height measuring 750mm above the ground level. It should be noted that no part of the development would be higher than the existing outdoor gym adjacent to the site. The deepest point of the bowls would be 1600mm below the ground level. The skate platform would consist of a set of multiple flat banks and would be below the ground level.

13.3 The applicant has confirmed that the details design and external finishes of the proposed Skate Park will be required to meet the Royal Society for the Preventions of Accidents (ROSPA) guidance. This proposed development is also subject to a certificate by an independent ROSPA accredited inspector and subsequent annual inspection.

13.4 The applicant has confirmed that this proposed facility would be maintained and managed by the Council’s Park and Open Space Department. Subject to the details of the design, external finishes, landscaping and management plan, it is considered that the proposed development is acceptable in terms of its siting and general appearance. Furthermore, it should be noted that all the definitive details will be dealt with at a later date under the reserved matters application.

13.4 Overall, it is considered that the siting and general body of the proposed skate park is acceptable and would not appear out of character in Charlton Park.

14. Impact on Setting of Listed Building, Character and Appearance of Charlton Village Conservation Area

14.1 Core Strategy Policies DH3 and DH(j) states there will be a presumption in favour of the preservation of the setting of a listed building. Proposals, which would detract from the setting and proportions of a Listed Building or group will be resisted. This is supported by London Plan Policy 7.8.

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14.2 The proposed skate park would be located approximately 127 metres east from the grounds of Charlton House and 240 metres from the rear of Charlton House itself. As such the development would be set a significant distance from the curtilage of listed building. Due to the distance that the development would be located from Charlton House and the scale of the skate park proposed the development would not affect the setting, character or appearance of the Grade I listed Charlton House.

14.3 Core Strategy Policies DH3 and DH(h) states that planning permission will only be granted for proposals which pay special attention to preserving or enhancing the character and appearance of the Conservation Area. Policy DH(i) states within Areas of Special character designated on the Proposal map, special consideration will be given to the safeguarding, restoration and enhancement of character, scale and quality of open spaces and associated buildings. Skylines and distant views both to and from the Areas of Special Character will be protected. This is supported by London Plan Policy 7.8 and draft Charlton Village Conservation Area Character Appraisal.

14.4 The Charlton Village Conservation Area was designated to preserve the special characters of the old villages and the open character of its green space. At present, Charlton Park offers a range of recreational, sporting and leisure facilities in the area. These facilities are all open in nature and character. The proposed skate park would provide an open recreational facility in Charlton Park and located adjacent to the existing training pitches and outdoor gym. Given that the proposed skate park would be open in nature and no part of proposed development including the hip of the bowls and platform would be more than 750mm above ground level or higher than the adjacent facilities, it is considered that the open character of Charlton Park would be adequately maintained and the proposals would not have an adverse impact on the character or appearance of Charlton Village Conservation Area.

15 Residential Amenity

15.1 When considering the impact of development on the residential amenity of adjoining occupier’s, attention has to be given to the potential impact during the implementation of the development and once the development has been completed. In this regard Core Strategy Policy E(a) states that planning permission will not normally be granted where a proposed development would have a significant adverse impact on the amenities of adjacent occupiers as a result of unacceptable emissions of noise, light, vibrations, odours, fumes, dust, water and soil pollutants. This is supported by London Plan Policy 7.15.

15.2 It is inevitable that in all development there will be some level of disturbance during construction and whilst this may cause a level of inconvenience it is only for a temporary period of time. As such it is considered that where planning permission is granted appropriate planning conditions can be imposed to control any nuisance created during the construction process so that the level of inconvenience is kept to an acceptable level.

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15.3 Whilst the proposed use of the site could generate a level of noise and disturbance, this is the nature with the majority of open space uses during sociable hours. Whilst Charlton Park is accessible by members of the public all day, there are no external lights associated with the proposed development. The activity associated with the proposed skate park is therefore expected to cease at dusk. The existing floodlight in Charlton Park are associated with football and rugby training pitches and controlled by the Council Park and Open Spaces Department and would not be used outside the training hours. As such, it is considered that the proposed development would not result in undue noise and disturbance to the neighbouring properties.

15.4 The nearest residential properties are Mulberry Close which is located approximately 60 metres north-east from the site. Houses on Charlton Church Lane are located approximately 70 metres north from the site. Houses on Canberra Road are located approximately 200 metres south from the application site. Due to its siting and distance to the neighbouring properties, it is considered that the proposed development would not have an adverse impact on the residential amenities in terms of loss of privacy, loss of outlook and undue noise and disturbance.

16. Parking Standards

16.1 London Plan Policy 6.13 and Core Strategy Policy IM(c) set out specific parking standards for a variety of uses, but this does not include recreation and leisure uses in Public Open Parks.

16.2 Adopted planning policy aims to reduce the reliance of individuals on the private motor cars and promote the use of public transport and other sustainable forms of transport. This is especially the case where application sites have access to good public transport as expressed by their Public Transport Accessibility Level (PTAL). In this regard the application site has a PTAL rating of 3, which is classed as average. Charlton Park is located approximately 1030 metres from Charlton Railway Station and is served by 5 buses routes (No. 53, 54, 380, 422 and 486).

16.3 The existing public car park in Charlton Park is accessed via Charlton Park Road. This car park would be retained in-situ. It is acknowledged that visitors arriving by car may choose to park near Charlton Park on the adjacent residential roads (Canberra Road and Charlton Park Lane). However, it should be noted that this is likely to be limited during daylight hours when the weather is suitable for outdoor activities. It should be noted that the scale of the proposed skate park would be limited. The introduction of any additional off-street parking area in Charlton Park would not be practical in this case because of the net loss of public open space available for the members of public.

16.4 Given that there are 5 bus routes that pass in close proximity to Charlton Park with good access to public transport, the limited size and scale of the proposed new facilities, it is considered that the proposed development would not have an adverse impact on parking conditions in the area.

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17. Implications for Disadvantaged Groups

17.1 The proposed skate park would be open and accessible to public. This would enable residents and members of the public to lead more healthy and active lifestyles. The proposed development would improve community facility available in the Borough and create and maintain a more cohesive community.

18. Conclusion

18.1 The principle to introduce an open area recreation use in an established open park and MOL land is acceptable and is supported by National, London and Local Policies. The proposed development would maintain the open character of Charlton Village Conservation Area and would not have an adverse impact on the setting and appearance of Charlton House (Grade 1). The proposal would not result in undue harm to existing residential amenities enjoyed by the neighbouring properties.

18.4 Accordingly it is recommended that Outline Planning Permission (Ref: 16/0058/O) be approved in line with Section 3 of the report.

Background Papers:

• National Planning Policy Framework (March 2012) • The London Plan (2015) • Royal Greenwich Local Plan: Core Strategy with Detailed Policies Adopted 30 July 2014.

Responses from consultations

Report Author: Jessica Lai – Planning Officer (East) Tel No.: 020 8921 5090 Email: [email protected]

Reporting to: Paul Feehily – Interim Assistant Director Planning and Building Control Tel No.: 020 8921 5363 Email: [email protected]

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David White

From: Neil Willey Sent: 04 October 2016 12:27 To: Janice Goldsmith Subject: FW: Charlton Skate Park

Importance: High

Neil Willey Area Planning Manager Planning Directorate of Regeneration, Enterprise and Skills Royal Borough of Greenwich 020 8921 5764 The Woolwich Centre, 35 Wellington Street, London SE18 6HQ www.royalgreenwich.gov.uk

From: Kit Long Sent: 25 August 2016 10:44 To: Jessica Lai Cc: Neil Willey; Deborah Rogers; Robert Goring; Bruce Williams; Maryam Sheikholeslami; James Hedges Subject: RE: Charlton Skate Park Importance: High

Hi Jessica,

To confirm:

1. It is a Cherry Tree 2. The flower bed is composed of rose bushes. 3. Plan below from the last tree survey. From my view, this is tree 185. 4. There will be no net loss of trees as part of this planning application.

I am ccing in my colleague James Hedges to kindly advise of the cherry tree’s approximate height. I note you said Committee on the 5 th September. Does this mean it is not going to Planning Board on the 6 th September?

Kind regards,

Kit

1

Kit Long Communications Officer Central Services Royal Borough of Greenwich

℡ 020 8921 3545 0781 664 3400 The Woolwich Centre, 35 Wellington Street, London SE18 6HQ www.royalgreenwich.gov.uk [email protected]

Please consider the environment before printing this email

From: Jessica Lai Sent: 25 August 2016 10:36 To: Kit Long Cc: Neil Willey; Deborah Rogers Subject: Charlton Skate Park

Kit,

Attached the photo I took. It is my understanding that one tree and a flower bed will be removed.

Please can you confirm the specie and size of the this tree today.

We also need a plan indicate the location of this tree for committee on 5 th Sept.

Regards, Jessica

2

3 David White

From: Neil Willey Sent: 04 October 2016 12:26 To: Janice Goldsmith Subject: FW: Charlton Skate Park Attachments: 20160622_135439.jpg

Neil Willey Area Planning Manager Planning Directorate of Regeneration, Enterprise and Skills Royal Borough of Greenwich 020 8921 5764 The Woolwich Centre, 35 Wellington Street, London SE18 6HQ www.royalgreenwich.gov.uk

From: Jessica Lai Sent: 25 August 2016 10:36 To: Kit Long Cc: Neil Willey; Deborah Rogers Subject: Charlton Skate Park

Kit,

Attached the photo I took. It is my understanding that one tree and a flower bed will be removed.

Please can you confirm the specie and size of the this tree today.

We also need a plan indicate the location of this tree for committee on 5 th Sept.

Regards, Jessica

1

2

David White

From: Robert Sutton Sent: 06 September 2016 15:29 To: Paul Feehily Cc: Mark James Subject: URGENT MESSAGE: Planning Board - Charlton Skate Park Deferral

Please note that following discussion with the Chair, Councillor Mark James, the Planning Board is being requested to defer consideration of the application relating to Charlton Park, Charlton Park Road, Charlton, SE7 (skate park). Consequently it is envisaged that the item will not now be considered at this evening’s meeting (Tuesday, 6 September 2016). This is the result of legal advice received in relation to the notification given to all parties of the meeting. Members are bein g recommended this evening to defer the application to the next meeting on Wednesday, 14 September 2016 at 6.30 p.m. in the Town Hall, Wellington Street, Woolwich. You will be notified once the agenda for the meeting has been published.

The items relating to Land at Weigall Road, Phase 2, Village, Kidbrooke, SE3 (Ref: 16/1079/F); Lovell's, Granite, Badcock's & Pipers Wharves, Pelton Road, Banning Street/Christchurch Way, Greenwich SE10 (Ref 14/0460/F); and O2, Peninsula Square, Greenwich (Ref: 16/1933/R and 16/1934/R remain on the agenda for this evening’s meeting.

Can you please ensure that anyone attending tonight’s meeting specifically for the Charlton Park Skate Park item is aware that it will not be considered this evening. On behalf of the Chair may I apologise for any inconvenience caused.

Should you have any questions please do not hesitate to contact me.

Regards

Robert Sutton Democratic Services Manager Central Services Royal Borough of Greenwich

℡ 020 8921 5134 The Town Hall, Wellington Street, London SE18 6PW www.royalgreenwich.gov.uk

1 David White

From: Robert Sutton Sent: 06 September 2016 12:37 To: Jessica Lai; Neil Willey; Azuka Onuorah; Eleanor Penn Cc: Daniel Wilkinson; Jean Riddler Subject: Planning Board - Tonight

Importance: High Sensitivity: Confidential

Jessica / Neil

Can you please clarify a matter for me as soon as possible the following. On 25.08 Daniel was sent the OS map and attached was the list of consultees to be notified of the meeting, this list was used to generate our invite letters. However, at the bottom of the email there was another list of objectors and supporters – these individuals were not notified by Committee Services. It transpires that there is a difference between those listed on the attachment and those listed at the bottom of the email. We have identified about 39 individuals who were listed on the email but were not on the attached list of objection. Therefore, these individuals have not been informed. Can you please confirm asap the status of the two separate lists and whether those listed on the email should have been notified?

Azuka / Eleanor – if it transpires that they should have been informed in line wit h our standard procedures should the Board go ahead with the consideration of the skateboard item this evening? I am not aware of a legal obligation to notify objectors / supporters but we were once subject to an upheld complaint about lack of notification for a planning meeting.

Rob

Robert Sutton Democratic Services Manager Central Services Royal Borough of Greenwich

℡ 020 8921 5134 The Town Hall, Wellington Street, London SE18 6PW www.royalgreenwich.gov.uk

1 David White

From: Robert Sutton Sent: 06 September 2016 16:15 To: Azuka Onuorah; Eleanor Penn; Paul Feehily Subject: RE: Planning Board - Tonight

Sensitivity: Confidential

Below is the final version of the text as finally sent out which give a bit of wriggle room. I agree though that they have to defer this evening and I will be drafting a form of words for the Chair.

Please note that following discussion with the Chair, Councillor Mark James, the Planning Board is being requested to defer consideration of the application relating to Charlton Park, Charlton Park Road, Charlton, SE7 (skate park). Consequently it is envisaged that the item will not now be considered at this evening’s meeting (Tuesday, 6 September 2016). This is the result of legal advice received in relation to the notification given to all parties of the meeting. Members are being recommended this evening to defer the application to the next meeting on Wednesday, 14 September 2016 at 6.30 p.m. in the Town Hall, Wellington Street, Woolwich. You will be notified once the agenda for the meeting has been published.

The items relating to Land at Weigall Road, Phase 2, Kidbrooke Village, Kidbrooke, SE3 (Ref: 16/1079/F); Lovell's, Granite, Badcock's & Pipers Wharves, Pelton Road, Banning Street/Christchurch Way, Greenwich SE10 (Ref 14/0460/F); and O2, Peninsula Square, Greenwich (Ref: 16/1933/R and 16/1934/R remain on the agenda for this evening’s meeting.

Can you please ensure that anyone attending tonight’s meeting specifically for the Charlton Park Skate Park item is aware that it will not be considered this evening. On behalf of the Chair may I apologise for any inconvenience caused.

Should you have any questions please do not hesitate to contact me.

Regards

Regards

Rob From: Azuka Onuorah Sent: 06 September 2016 16:11 To: Robert Sutton; Eleanor Penn; Paul Feehily Subject: RE: Planning Board - Tonight Sensitivity: Confidential

Rob,

If the email to all parties as set out below and agreed has already been sent out, the Board can no longer proceed to decide the application tonight .It can only agree the decision already made by the Chair to defer the application. You may wish to come up with a form of words for the chair to read out on the item, for the benefit of those who attend tonight having not received the email in time.

A

1 From: Robert Sutton Sent: 06 September 2016 15:05 To: Eleanor Penn; Paul Feehily Cc: Azuka Onuorah Subject: RE: Planning Board - Tonight Sensitivity: Confidential

I agree and working on the agenda now, together with an updated invitee list (just need a bit of time to correlate). I am awaiting the second report for the agenda.

The only problem with dates overlapping is, for whatever reason, the Board decides not to agree to the deferral!

Best wishes

Rob

From: Eleanor Penn Sent: 06 September 2016 14:52 To: Robert Sutton; Paul Feehily Cc: Azuka Onuorah Subject: RE: Planning Board - Tonight Importance: High Sensitivity: Confidential

Hi Rob

The wording below is fine, thanks. The item will need to go out on today’s agenda for 14 th September, wall of the correct notifications this time. If you wait until tomorrow with the new agenda, you risk creating the potential for a challenge on a different procedural ground, as you’ve flagged up below.

If you need more time to check the correct notifications, then I advise you not to publicise 14 th September for this item today, and to only finalise the next Planning Board date for it once you are certain that you have identified all correct name and addresses of everyone who needs to be notified.

Kind regards Eleanor

From: Robert Sutton Sent: 06 September 2016 14:12 To: Paul Feehily; Eleanor Penn Subject: RE: Planning Board - Tonight Importance: High Sensitivity: Confidential

Paul / Eleanor

Are you okay with the text below? Also given the matter has been deferred in advance should we include this on the agenda due out today for the meeting on 14.09 rather than wait until tomorrow and risk as challenge that we have not given the required five day notice.

Many thanks

Rob

2

From: Robert Sutton Sent: 06 September 2016 13:44 To: Paul Feehily; Eleanor Penn Subject: RE: Planning Board - Tonight Importance: High Sensitivity: Confidential

Nominally it should be for the Committee to determine but given the numbers and circumstances I am proposing to email all parties asap. Below is the suggested message:

‘Please note that following discussion with the Chair, Councillor Mark James, the application relating to Charlton Park, Charlton Park Road, Charlton, SE7 (skate park) will not be considered at this evening’s meeting of the Planning Board (Tuesday, 6 September 2016). The matter has been deferred following concerns raised regarding the notification of the meeting to all parties. The application will now be considered by the Board at its next meeting on Wednesday, 14 September 2016 at 6.30 p.m. in the Town Hall, Wellington Street, Woolwich.

You will be notified once the agenda for the meeting has been published. Can you please ensure that anyone attending tonight’s meeting specifically for the Charlton Park Skate Park item is aware that it will not be considered this evening. On behalf of the Chair may I apologise for any inconvenience caused.

Should you have any questions please do not hesitate to contact me.

Regards’

The hope being that we inform as many as possible.

Rob

From: Paul Feehily Sent: 06 September 2016 13:42 To: Robert Sutton; Eleanor Penn Subject: RE: Planning Board - Tonight Sensitivity: Confidential

Hi both – how does that work procedurally given the item is still on the agenda (and people will be turning up expecting it to be considered). Regards Paul From: Robert Sutton Sent: 06 September 2016 13:34 To: Eleanor Penn; Jessica Lai; Neil Willey; Azuka Onuorah Cc: Daniel Wilkinson; Jean Riddler; Paul Feehily Subject: RE: Planning Board - Tonight Sensitivity: Confidential

I am awaited formal confirmation from DRES of the deferral.

Rob

From: Eleanor Penn Sent: 06 September 2016 13:34 To: Robert Sutton; Jessica Lai; Neil Willey; Azuka Onuorah Cc: Daniel Wilkinson; Jean Riddler; Paul Feehily

3 Subject: RE: Planning Board - Tonight Sensitivity: Confidential

Hi Rob

Thanks for copying me in. The legal requirement to notify objectors of the committee meeting arises from a legitimate expectation created by paragraph 5.31 of this Council's Statement of Community Involvement (August 2011) that the objector will be notified in time to enable them to effectively exercise their right to address the committee.

Paragraph 5.31 of the SCI states “ Everyone who comments on a planning application to be considered at Planning Board / Area Committee, will be sent a copy of the Case Officer’s report with an invite to attend the relevant meeting ”.

In the case of R (Kelly) v London Borough of Hounslow [2010] EWHC 1256 (Admin) it was held that LB Hounslow’s failure to notify an objector of the date of the committee meeting was a breach of the above legitimate expectation and, on the facts of that case, the Court quashed the planning permission.

I am attending tonight’s Board meeting (and my colleague Sarah Wotton will be observing). I understand that the item has now been deferred in any event but meanwhile I hope that the legal position set out above is useful.

Kind regards Eleanor

From: Robert Sutton Sent: 06 September 2016 12:37 To: Jessica Lai; Neil Willey; Azuka Onuorah; Eleanor Penn Cc: Daniel Wilkinson; Jean Riddler Subject: Planning Board - Tonight Importance: High Sensitivity: Confidential

Jessica / Neil

Can you please clarify a matter for me as soon as possible the following. On 25.08 Daniel was sent the OS map and attached was the list of consultees to be notified of the meeting, this list was used to generate our invite letters. However, at the bottom of the email there was another list of objectors and supporters – these individuals were not notified by Committee Services. It transpires that there is a difference between those listed on the attachment and those listed at the bottom of the email. We have identified about 39 individuals who were listed on the email but were not on the attached list of objection. Therefore, these individuals have not been informed. Can you please confirm asap the status of the two separate lists and whether those listed on the email should have been notified?

Azuka / Eleanor – if it transpires that they should have been informed in line with our standard procedures should the Board go ahead with the consideration of the skateboard item this evening? I am not aware of a legal obligation to notify objectors / supporters but we were once subject to an upheld complaint about lack of notification for a planning meeting.

Rob

Robert Sutton Democratic Services Manager Central Services Royal Borough of Greenwich

℡ 020 8921 5134

4 The Town Hall, Wellington Street, London SE18 6PW www.royalgreenwich.gov.uk

5 David White

From: Andrea Whytock Sent: 21 September 2016 12:04 To: Andrea Whytock Subject: FW: Planning Board - September 2016

Andrea Whytock Leader’s Office Royal Borough of Greenwich

℡ 020 8921 5062 Town Hall, Wellington Street, London SE18 6PW www.royalgreenwich.gov.uk

From: Robert Sutton Sent: 27 July 2016 14:10 To: Mark James; Norman Adams; Peter Brooks; Ambreen Hisbani; Denise Hyland; Clive Mardner; Sarah Merrill; Paul Morrissey; Steve Offord; Harpinder Singh; Danny Thorpe; Ray Walker; Geoffrey Brighty; Matt Clare Cc: Mike Hows; Paul Feehily; Neil Willey; Andrew Parker; Jasmine Kassim; Alex Smith; Edward Oteng; Angela Cornforth; members-support; Leaders Office-Admin Subject: Planning Board - September 2016

Following the cancellation of the August 2016 meeting of the Planning Board can I remind you that the next meeting is on Tuesday, 6 September 2016 at 6.30 p.m. This meeting is likely to consider the application relating to the Charlton Skate Park. An additional meeting of the Board may be required for September 2016 and as soon as I am able I will be in touch regarding this.

Should you have any questions please do not hesitate to contact me.

Rob

Robert Sutton Democratic Services Manager Central Services Royal Borough of Greenwich

℡ 020 8921 5134 The Town Hall, Wellington Street, London SE18 6PW www.royalgreenwich.gov.uk

1 David White

From: David Gardner Sent: 05 September 2016 14:22 To: Jessica Lai Cc: Robert Sutton; Daniel Wilkinson Subject: Charlton Skatepark

Dear Jessica

I made a private submission to the supplementary consultation on the skatepark, in relation to the revised report on the playing fields.

Yet, I have not received a notice of, or invitation to, the Planning Board tomorrow?

I would be grateful for an explanation as to why?

Also, it would be useful to know that the number of letters of objection quoted actually include those that objected at the supplementary stage. Please could you confirm.

Kind regards

David L Gardner

1 David White

From: Robert Sutton Sent: 06 September 2016 13:34 To: Eleanor Penn; Jessica Lai; Neil Willey; Azuka Onuorah Cc: Daniel Wilkinson; Jean Riddler; Paul Feehily Subject: RE: Planning Board - Tonight

Sensitivity: Confidential

I am awaited formal confirmation from DRES of the deferral.

Rob

From: Eleanor Penn Sent: 06 September 2016 13:34 To: Robert Sutton; Jessica Lai; Neil Willey; Azuka Onuorah Cc: Daniel Wilkinson; Jean Riddler; Paul Feehily Subject: RE: Planning Board - Tonight Sensitivity: Confidential

Hi Rob

Thanks for copying me in. The legal requirement to notify objectors of the committee meeting arises from a legitimate expectation created by paragraph 5.31 of this Council's Statement of Community Involvement (August 2011) that the objector will be notified in time to enable them to effectively exercise their right to address the committee.

Paragraph 5.31 of the SCI states “ Everyone who comments on a planning application to be considered at Planning Board / Area Committee, will be sent a copy of the Case Officer’s report with an invite to attend the relevant meeting ”.

In the case of R (Kelly) v London Borough of Hounslow [2010] EWHC 1256 (Admin) it was held that LB Hounslow’s failure to notify an objector of the date of the committee meeting was a breach of the above legitimate expectation and, on the facts of that case, the Court quashed the planning permission.

I am attending tonight’s Board meeting (and my colleague Sarah Wotton will be observing). I understand that the item has now been deferred in any event but meanwhile I hope that the legal position set out above is useful.

Kind regards Eleanor

From: Robert Sutton Sent: 06 September 2016 12:37 To: Jessica Lai; Neil Willey; Azuka Onuorah; Eleanor Penn Cc: Daniel Wilkinson; Jean Riddler Subject: Planning Board - Tonight Importance: High Sensitivity: Confidential

Jessica / Neil

Can you please clarify a matter for me as soon as possible the following. On 25.08 Daniel was sent the OS map and attached was the list of consultees to be notified of the meeting, this list was used to generate

1 our invite letters. However, at the bottom of the email there was another list of objectors and supporters – these individuals were not notified by Committee Services. It transpires that there is a difference between those listed on the attachment and those listed at the bottom of the email. We have identified about 39 individuals who were listed on the email but were not on the attached list of objection. Therefore, these individuals have not been informed. Can you please confirm asap the status of the two separate lists and whether those listed on the email should have been notified?

Azuka / Eleanor – if it transpires that they should have be en informed in line with our standard procedures should the Board go ahead with the consideration of the skateboard item this evening? I am not aware of a legal obligation to notify objectors / supporters but we were once subject to an upheld complaint about lack of notification for a planning meeting.

Rob

Robert Sutton Democratic Services Manager Central Services Royal Borough of Greenwich

℡ 020 8921 5134 The Town Hall, Wellington Street, London SE18 6PW www.royalgreenwich.gov.uk

2 David White

From: Robert Sutton Sent: 06 September 2016 13:44 To: Paul Feehily; Eleanor Penn Subject: RE: Planning Board - Tonight

Importance: High Sensitivity: Confidential

Nominally it should be for the Committee to determine but given the numbers and circumstances I am proposing to email all parties asap. Below is the suggested message:

‘Please note that following discussion with the Chair, Councillor Mark James, the application relating to Charlton Park, Charlton Park Road, Charlton, SE7 (skate park) will not be considered at this evening’s meeting of the Planning Board (Tuesday, 6 September 2016). The matter has been deferred following concerns raised regarding the notification of the meeting to all parties. The application will now be considered by the Board at its next meeting on Wednesday, 14 September 2016 at 6.30 p.m. in the Town Hall, Wellington Street, Woolwich.

You will be notified once the agenda for the meeting has been published. Can you please ensure that anyone attending tonight’s meeting specifically for the Charlton Park Skate Park item is aware that it will not be considered this evening. On behalf of the Chair may I apologise for any inconvenience caused.

Should you have any questions please do not hesitate to contact me.

Regards’

The hope being that we inform as many as possible.

Rob

From: Paul Feehily Sent: 06 September 2016 13:42 To: Robert Sutton; Eleanor Penn Subject: RE: Planning Board - Tonight Sensitivity: Confidential

Hi both – how does that work procedurally given the item is still on the agenda (and people will be turning up expecting it to be considered). Regards Paul From: Robert Sutton Sent: 06 September 2016 13:34 To: Eleanor Penn; Jessica Lai; Neil Willey; Azuka Onuorah Cc: Daniel Wilkinson; Jean Riddler; Paul Feehily Subject: RE: Planning Board - Tonight Sensitivity: Confidential

I am awaited formal confirmation from DRES of the deferral.

Rob

1 From: Eleanor Penn Sent: 06 September 2016 13:34 To: Robert Sutton; Jessica Lai; Neil Willey; Azuka Onuorah Cc: Daniel Wilkinson; Jean Riddler; Paul Feehily Subject: RE: Planning Board - Tonight Sensitivity: Confidential

Hi Rob

Thanks for copying me in. The legal requirement to notify objectors of the committee meeting arises from a legitimate expectation created by paragraph 5.31 of this Council's Statement of Community Involvement (August 2011) that the objector will be notified in time to enable them to effectively exercise their right to address the committee.

Paragraph 5.31 of the SCI states “ Everyone who comments on a planning application to be considered at Planning Board / Area Committee, will be sent a copy of the Case Officer’s report with an invite to attend the relevant meeting ”.

In the case of R (Kelly) v London Borough of Hounslow [2010] EWHC 1256 (Admin) it was held that LB Hounslow’s failure to notify an objector of the date of the committee meeting was a breach of the above legitimate expectation and, on the facts of that case, the Court quashed the planning permission.

I am attending tonight’s Board meeting (and my colleague Sarah Wotton will be observing). I understand that the item has now been deferred in any event but meanwhile I hope that the legal position set out above is useful.

Kind regards Eleanor

From: Robert Sutton Sent: 06 September 2016 12:37 To: Jessica Lai; Neil Willey; Azuka Onuorah; Eleanor Penn Cc: Daniel Wilkinson; Jean Riddler Subject: Planning Board - Tonight Importance: High Sensitivity: Confidential

Jessica / Neil

Can you please clarify a matter for me as soon as possible the following. On 25.08 Daniel was sent the OS map and attached was the list of consultees to be notified of the meeting, this list was used to generate our invite letters. However, at the bottom of the email there was another list of objectors and supporters – these individuals were not notified by Committee Services. It transpires that there is a difference between those listed on the attachment and those listed at the bottom of the email. We have identified about 39 individuals who were listed on the email but were not on the attached list of objection. Therefore, these individuals have not been informed. Can you please confirm asap the status of the two separate lists and whether those listed on the email should have been notified?

Azuka / Eleanor – if it transpires that they should have been informed in line with our standard procedures should the Board go ahead with the consideration of the skateboard item this evening? I am not aware of a legal obligation to notify objectors / supporters but we were once subject to an upheld complaint about lack of notification for a planning meeting.

Rob

Robert Sutton Democratic Services Manager 2 Central Services Royal Borough of Greenwich

℡ 020 8921 5134 The Town Hall, Wellington Street, London SE18 6PW www.royalgreenwich.gov.uk

3 David White

From: Robert Sutton Sent: 06 September 2016 14:12 To: Paul Feehily; Eleanor Penn Subject: RE: Planning Board - Tonight

Importance: High Sensitivity: Confidential

Paul / Eleanor

Are you okay with the text below? Also given the matter has been deferred in advance should we include this on the agenda due out today for the meeting on 14.09 rather than wait until tomorrow and risk as challenge that we have not given the required five day notice.

Many thanks

Rob

From: Robert Sutton Sent: 06 September 2016 13:44 To: Paul Feehily; Eleanor Penn Subject: RE: Planning Board - Tonight Importance: High Sensitivity: Confidential

Nominally it should be for the Committee to determine but given the numbers and circumstances I am proposing to email all parties asap. Below is the suggested message:

‘Please note that following discussion with the Chair, Councillor Mark James, the application relating to Charlton Park, Charlton Park Road, Charlton, SE7 (skate park) will not be considered at this evening’s meeting of the Planning Board (Tuesday, 6 September 2016). The matter has been deferred following concerns raised regarding the notification of the meeting to all parties. The application will now be considered by the Board at its next meeting on Wednesday, 14 September 2016 at 6.30 p.m. in the Town Hall, Wellington Street, Woolwich.

You will be notified once the agenda for the meeting has been published. Can you please ensure that anyone attending tonight’s meeting specifically for the Charlton Park Skate Park item is aware that it will not be considered this evening. On behalf of the Chair may I apologise for any inconvenience caused.

Should you have any questions please do not hesitate to contact me.

Regards’

The hope being that we inform as many as possible.

Rob

From: Paul Feehily Sent: 06 September 2016 13:42 To: Robert Sutton; Eleanor Penn

1 Subject: RE: Planning Board - Tonight Sensitivity: Confidential

Hi both – how does that work procedurally given the it em is still on the agenda (and people will be turning up expecting it to be considered). Regards Paul From: Robert Sutton Sent: 06 September 2016 13:34 To: Eleanor Penn; Jessica Lai; Neil Willey; Azuka Onuorah Cc: Daniel Wilkinson; Jean Riddler; Paul Feehily Subject: RE: Planning Board - Tonight Sensitivity: Confidential

I am awaited formal confirmation from DRES of the deferral.

Rob

From: Eleanor Penn Sent: 06 September 2016 13:34 To: Robert Sutton; Jessica Lai; Neil Willey; Azuka Onuorah Cc: Daniel Wilkinson; Jean Riddler; Paul Feehily Subject: RE: Planning Board - Tonight Sensitivity: Confidential

Hi Rob

Thanks for copying me in. The legal requirement to notify objectors of the committee meeting arises from a legitimate expectation created by paragraph 5.31 of this Council's Statement of Community Involvement (August 2011) that the objector will be notified in time to enable them to effectively exercise their right to address the committee.

Paragraph 5.31 of the SCI states “ Everyone who comments on a planning application to be considered at Planning Board / Area Committee, will be sent a copy of the Case Officer’s report with an invite to attend the relevant meeting ”.

In the case of R (Kelly) v London Borough of Hounslow [2010] EWHC 1256 (Admin) it was held that LB Hounslow’s failure to notify an objector of the date of the committee meeting was a breach of the above legitimate expectation and, on the facts of that case, the Court quashed the planning permission.

I am attending tonight’s Board meeting (and my colleague Sarah Wotton will be observing). I understand that the item has now been deferred in any event but meanwhile I hope that the legal position set out above is useful.

Kind regards Eleanor

From: Robert Sutton Sent: 06 September 2016 12:37 To: Jessica Lai; Neil Willey; Azuka Onuorah; Eleanor Penn Cc: Daniel Wilkinson; Jean Riddler Subject: Planning Board - Tonight Importance: High Sensitivity: Confidential

Jessica / Neil

2 Can you please clarify a matter for me as soon as possible the following. On 25.08 Daniel was sent the OS map and attached was the list of consultees to be notified of the meeting, this list was used to generate our invite letters. However, at the bottom of the email there was another list of objectors and supporters – these individuals were not notified by Committee Services. It transpires that there is a difference between those listed on the attachment and those listed at the bottom of the email. We have identified about 39 individuals who were listed on the email but were not on the attached list of objection. Therefore, these individuals have not been informed. Can you please confirm asap the status of the two separate lists and whether those listed on the email should have been notified?

Azuka / Eleanor – if it transpires that they should have been informed in line with our standard procedures should the Board go ahead with the consideration of the skateboard item this evening? I am not aware of a legal obligation to notify objectors / supporters but we were once subject to an upheld complaint about lack of notification for a planning meeting.

Rob

Robert Sutton Democratic Services Manager Central Services Royal Borough of Greenwich

℡ 020 8921 5134 The Town Hall, Wellington Street, London SE18 6PW www.royalgreenwich.gov.uk

3 David White

From: Robert Sutton Sent: 06 September 2016 14:45 To: Katrina Delaney; Danny Thorpe; Pippa Hack; Paul Feehily; Esther Swales; Claire Perry Cc: Denise Hyland; Mark James; Debbie Warren Subject: RE: Tonight

I hope to write to those we notified of the meeting shortly and below is the proposed text:

Please note that following discussion with the Chair, Councillor Mark James, the Planning Board is being requested to defer consideration of the application relating to Charlton Park, Charlton Park Road, Charlton, SE7 (skate park). Consequently it is envisaged that the item will not now be considered at this evening’s meeting (Tuesday, 6 September 2016). This is the result of legal advice received in relation to the notification given to all parties of the meeting. Members are being recommended this even ing to defer the application to the next meeting on Wednesday, 14 September 2016 at 6.30 p.m. in the Town Hall, Wellington Street, Woolwich. You will be notified once the agenda for the meeting has been published.

The items relating to Land at Weigall Road, Phase 2, Kidbrooke Village, Kidbrooke, SE3 (Ref: 16/1079/F); Lovell's, Granite, Badcock's & Pipers Wharves, Pelton Road, Banning Street/Christchurch Way, Greenwich SE10 (Ref 14/0460/F); and O2, Peninsula Square, Greenwich (Ref: 16/1933/R and 16/1934 /R remain on the agenda for this evening’s meeting.

Can you please ensure that anyone attending tonight’s meeting specifically for the Charlton Park Skate Park item is aware that it will not be considered this evening. On behalf of the Chair may I apologise for any inconvenience caused.

Should you have any questions please do not hesitate to contact me.

Regards

From: Katrina Delaney Sent: 06 September 2016 14:37 To: Danny Thorpe; Pippa Hack; Paul Feehily; Esther Swales; Robert Sutton; Claire Perry Cc: Denise Hyland; Mark James; Debbie Warren Subject: RE: Tonight

Ok – we will get you a statement asap.

Katrina

From: Danny Thorpe Sent: 06 September 2016 14:36 To: Pippa Hack; Paul Feehily; Katrina Delaney; Esther Swales; Robert Sutton Cc: Denise Hyland; Mark James; Debbie Warren Subject: Tonight

All,

I have now spoken to Mark and he agrees that we have to defer.

1

As that is technically a decision for the meeting, I think we need to prepare a statement for immediate release that says that will be the recommendation from Legal and we would expect that to be agreed. The next planning board (next week) will deal with that item on the agenda.

If we could then email all the people we can, release the statement and tweet etc, that would be great.

Katrina – this is for immediate release. The reputational risk of knowing and not doing anything is to great not to proceed. The quote should go from a council spokesperson.

I’m also emailing all members of the board now to advise of the issue.

Councillor Danny Thorpe Deputy Leader Royal Borough of Greenwich

@DanLThorpe T: 07940 470 922

2 David White

From: Robert Sutton Sent: 06 September 2016 15:02 To: Paul Feehily Cc: Mark James; Subject: URGENT MESSAGE: Planning Board - Charlton Skate Park Deferral

Importance: High

TrackingTracking: Recipient Recall Paul Feehily Succeeded: 06/09/2016 15:27

Mark James

James Mark

Please note that following discussion with the Chair, Councillor Mark James, the application relating to Charlton Park, Charlton Park Road, Charlton, SE7 (skate park) will not be considered at this evening’s meeting of the Planning Board (Tuesday, 6 September 2016). The matter has been deferred following concerns raised regarding the notification of the meeting to all parties. The application will now be considered by the Board at its next meeting on Wednesday, 14 September 2016 at 6.30 p.m. in the Town Hall, Wellington Street, Woolwich. You will be notified once the agenda for the meeting has been published.

The items relating to Land at Weigall Road, Phase 2, Kidbrooke Village, Kidbrooke, SE3 (Ref: 16/1079/F); Lovell's, Granite, Badcock's & Pipers Wharves, Pelton Road, Banning Street/Christchurch Way, Greenwich SE10 (Ref 14/0460/F); and O2, Peninsula Square, Greenwich (Ref: 16/1933/R and 16/1934/R remain on the agenda for this evening’s meeting.

Can you please ensure that anyone attending tonight’s meeting specifically for the Charlton Park Skate Park item is aware that it will not be considered this evening. On behalf of the Chair may I apologise for any inconvenience caused.

Should you have any questions please do not hesitate to contact me.

Regards

Robert Sutton Democratic Services Manager Central Services Royal Borough of Greenwich

℡ 020 8921 5134 The Town Hall, Wellington Street, London SE18 6PW www.royalgreenwich.gov.uk

1 David White

From: Robert Sutton Sent: 06 September 2016 15:05 To: Eleanor Penn; Paul Feehily Cc: Azuka Onuorah Subject: RE: Planning Board - Tonight

Sensitivity: Confidential

I agree and working on the agenda now, together with an updated invitee list (just need a bit of time to correlate). I am awaiting the second report for the agenda.

The only problem with dates overlapping is, for whatever reason, the Board decides not to agree to the deferral!

Best wishes

Rob

From: Eleanor Penn Sent: 06 September 2016 14:52 To: Robert Sutton; Paul Feehily Cc: Azuka Onuorah Subject: RE: Planning Board - Tonight Importance: High Sensitivity: Confidential

Hi Rob

The wording below is fine, thanks. The item will need to go out on today’s agenda for 14 th September, wall of the correct notifications this time. If you wait until tomorrow with the new agenda, you risk creating the potential for a challenge on a different procedural ground, as you’ve flagged up below.

If you need more time to check the correct notifications, then I advise you not to publicise 14 th September for this item today, and to only finalise the next Planning Board date for it once you are certain that you have identified all correct name and addresses of everyone who needs to be notified.

Kind regards Eleanor

From: Robert Sutton Sent: 06 September 2016 14:12 To: Paul Feehily; Eleanor Penn Subject: RE: Planning Board - Tonight Importance: High Sensitivity: Confidential

Paul / Eleanor

Are you okay with the text below? Also given the matter has been deferred in advance should we include this on the agenda due out today for the meeting on 14.09 rather than wait until tomorrow and risk as challenge that we have not given the required five day notice. 1

Many thanks

Rob

From: Robert Sutton Sent: 06 September 2016 13:44 To: Paul Feehily; Eleanor Penn Subject: RE: Planning Board - Tonight Importance: High Sensitivity: Confidential

Nominally it should be for the Committee to determine but given the numbers and circumstances I am proposing to email all parties asap. Below is the suggested message:

‘Please note that following discussion with the Chair, Councillor Mark James, the application relating to Charlton Park, Charlton Park Road, Charlton, SE7 (skate park) will not be considered at this evening’s meeting of the Planning Board (Tuesday, 6 September 2016). The matter has been deferred following concerns raised regarding the notification of the meeting to all parties. The application will now be considered by the Board at its next meeting on Wednesday, 14 September 2016 at 6.30 p.m. in the Town Hall, Wellington Street, Woolwich.

You will be notified once the agenda for the meeting has been published. Can you please ensure that anyone attending tonight’s meeting specifically for the Charlton Park Skate Park item is aware that it will not be considered this evening. On behalf of the Chair may I apologise for any inconvenience caused.

Should you have any questions please do not hesitate to contact me.

Regards’

The hope being that we inform as many as possible.

Rob

From: Paul Feehily Sent: 06 September 2016 13:42 To: Robert Sutton; Eleanor Penn Subject: RE: Planning Board - Tonight Sensitivity: Confidential

Hi both – how does that work procedurally given the item is still on the agenda (and people will be turning up expecting it to be considered). Regards Paul From: Robert Sutton Sent: 06 September 2016 13:34 To: Eleanor Penn; Jessica Lai; Neil Willey; Azuka Onuorah Cc: Daniel Wilkinson; Jean Riddler; Paul Feehily Subject: RE: Planning Board - Tonight Sensitivity: Confidential

I am awaited formal confirmation from DRES of the deferral.

Rob

2 From: Eleanor Penn Sent: 06 September 2016 13:34 To: Robert Sutton; Jessica Lai; Neil Willey; Azuka Onuorah Cc: Daniel Wilkinson; Jean Riddler; Paul Feehily Subject: RE: Planning Board - Tonight Sensitivity: Confidential

Hi Rob

Thanks for copying me in. The legal requirement to notify objectors of the committee meeting arises from a legitimate expectation created by paragraph 5.31 of this Council's Statement of Community Involvement (August 2011) that the objector will be notified in time to enable them to effectively exercise their right to address the committee.

Paragraph 5.31 of the SCI states “ Everyone who comments on a planning application to be considered at Planning Board / Area Committee, will be sent a copy of the Case Officer’s report with an invite to attend the relevant meeting ”.

In the case of R (Kelly) v London Borough of Hounslow [2010] EWHC 1256 (Admin) it was held that LB Hounslow’s failure to notify an objector of the date of the committee meeting was a breach of the above legitimate expectation and, on the facts of that case, the Court quashed the planning permission.

I am attending tonight’s Board meeting (and my colleague Sarah Wotton will be observing). I understand that the item has now been deferred in any event but meanwhile I hope that the legal position set out above is useful.

Kind regards Eleanor

From: Robert Sutton Sent: 06 September 2016 12:37 To: Jessica Lai; Neil Willey; Azuka Onuorah; Eleanor Penn Cc: Daniel Wilkinson; Jean Riddler Subject: Planning Board - Tonight Importance: High Sensitivity: Confidential

Jessica / Neil

Can you please clarify a matter for me as soon as possible the following. On 25.08 Daniel was sent the OS map and attached was the list of consultees to be notified of the meeting, this list was used to generate our invite letters. However, at the bottom of the email there was another list of objectors and supporters – these individuals were not notified by Committee Services. It transpires that there is a difference between those listed on the attachment and those listed at the bottom of the email. We have identified about 39 individuals who were listed on the email but were not on the attached list of objection. Therefore, these individuals have not been informed. Can you please confirm asa p the status of the two separate lists and whether those listed on the email should have been notified?

Azuka / Eleanor – if it transpires that they should have been informed in line with our standard procedures should the Board go ahead with the consideration of the skateboard item this evening? I am not aware of a legal obligation to notify objectors / supporters but we were once subject to an upheld complaint about lack of notification for a planning meeting.

Rob

Robert Sutton Democratic Services Manager 3 Central Services Royal Borough of Greenwich

℡ 020 8921 5134 The Town Hall, Wellington Street, London SE18 6PW www.royalgreenwich.gov.uk

4 David White

From: Robert Sutton Sent: 06 September 2016 15:10 To: Ray Walker; Norman Adams; Peter Brooks; Ambreen Hisbani; Denise Hyland; Clive Mardner; Sarah Merrill; Paul Morrissey; Steve Offord; Harpinder Singh; Danny Thorpe; Geoffrey Brighty; Matt Clare Cc: Mark James; Miranda Williams; Allan MacCarthy; Gary Parker; Jean Riddler; David Gardner Subject: Planning Board - This Evening

Importance: High

Councillor

Please see message below sent today to all members of the pubic regarding tonight’s meeting of the Planning Board.

Regards

Rob

Robert Sutton Democratic Services Manager Central Services Royal Borough of Greenwich

℡ 020 8921 5134 The Town Hall, Wellington Street, London SE18 6PW www.royalgreenwich.gov.uk

Email sent to members of the public regarding tonight’s Planning Board

‘Please note that following discussion with the Chair, Councillor Mark James, the application relating to Charlton Park, Charlton Park Road, Charlton, SE7 (skate park) will not be considered at this evening’s meeting of the Planning Board (Tuesday, 6 September 2016). The matter has been deferred following concerns raised regarding the notification of the meeting to all parties. The application will now be considered by the Board at its next meeting on Wednesday, 14 September 2016 at 6.30 p.m. in the Town Hall, Wellington Street, Woolwich. You will be notified once the agenda for the meeting has been published.

The items relating to Land at Weigall Road, Phase 2, Kidbrooke Village, Kidbrooke, SE3 (Ref: 16/1079/F); Lovell's, Granite, Badcock's & Pipers Wharves, Pelton Road, Banning Street/Christchurch Way, Greenwic h SE10 (Ref 14/0460/F); and O2, Peninsula Square, Greenwich (Ref: 16/1933/R and 16/1934/R remain on the agenda for this evening’s meeting.

Can you please ensure that anyone attending tonight’s meeting specifically for the Charlton Park Skate Park item is aware that it will not be considered this evening. On behalf of the Chair may I apologise for any inconvenience caused.

Should you have any questions please do not hesitate to contact me.

1 Regards’

2 David White

From: Robert Sutton Sent: 06 September 2016 15:29 To: Paul Feehily Cc: Mark James Subject: URGENT MESSAGE: Planning Board - Charlton Skate Park Deferral

Please note that following discussion with the Chair, Councillor Mark James, the Planning Board is being requested to defer consideration of the application relating to Charlton Park, Charlton Park Road, Charlton, SE7 (skate park). Consequently it is envisaged that the item will not now be considered at this evening’s meeting (Tuesday, 6 September 2016). This is the result of legal advice received in relation to the notification given to all parties of the meeting. Members are bein g recommended this evening to defer the application to the next meeting on Wednesday, 14 September 2016 at 6.30 p.m. in the Town Hall, Wellington Street, Woolwich. You will be notified once the agenda for the meeting has been published.

The items relating to Land at Weigall Road, Phase 2, Kidbrooke Village, Kidbrooke, SE3 (Ref: 16/1079/F); Lovell's, Granite, Badcock's & Pipers Wharves, Pelton Road, Banning Street/Christchurch Way, Greenwich SE10 (Ref 14/0460/F); and O2, Peninsula Square, Greenwich (Ref: 16/1933/R and 16/1934/R remain on the agenda for this evening’s meeting.

Can you please ensure that anyone attending tonight’s meeting specifically for the Charlton Park Skate Park item is aware that it will not be considered this evening. On behalf of the Chair may I apologise for any inconvenience caused.

Should you have any questions please do not hesitate to contact me.

Regards

Robert Sutton Democratic Services Manager Central Services Royal Borough of Greenwich

℡ 020 8921 5134 The Town Hall, Wellington Street, London SE18 6PW www.royalgreenwich.gov.uk

1