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Certificate of Lawfulness for an Existing Use; Supporting Statement

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Certificate of Lawfulness for an Existing Use; Supporting Statement Certificate of Lawfulness for an Existing Use; Supporting Statement “Y-Buildings”, Rafford Way, Bromley, BR1 3UH City Planning Limited on behalf of Moon Y Limited April 2021 City Planning Ltd 2nd Floor West Wing, 40–41 Pall Mall, London, SW1Y 5JG www.city-planning.co.uk CONTENTS CONTENTS ........................................................................................................................................................ 2 1. INTRODUCTION ........................................................................................................................................ 4 2. LEGISLATIVE BACKGROUND AND NATIONAL PLANNING PRACTICE GUIDANCE ........................... 5 3. THE SITE AND SURROUNDING AREA .................................................................................................... 6 Joseph Lancaster Hall (JLH) 6 Anne Springman Hall (ASH) 7 Surrounding Area 8 4. PLANNING HISTORY .............................................................................................................................. 10 The Site 10 The North Lodge 12 5. BUILDING CONTROL HISTORY ............................................................................................................. 13 6. RECENT PROPERTY HISTORY ............................................................................................................. 14 Adult and Community Policy Development and Scrutiny Committee held on 2nd November 2010 14 Housing and Mixed Use – Site Assessments 2017 14 Executive Committee Meeting dated 11th July 2018 15 Public & Web Press Notice of Appropriation – Section 232 of the Town & Country Planning Act 1990 15 Executive Committee Meeting dated 16th October 2019 15 Y Buildings Marketing Brochure 16 Correspondence from Ms A Milton Head of Estates & Asset Management at LB Bromley 16 7. THE LAWFUL USE OF THE SITE ........................................................................................................... 18 8. CONCLUSIONS ....................................................................................................................................... 21 Appendices A1. DECISION NOTICE (LPA REF: 19/79/153) A2. DECISION NOTICE (LPA REF: 02/04011/DEEM3) & CONSENTED DRAWINGS A3. COMMITTEE REPORT (LPA REF: 05/02410/DEEM3) A4. CORRESPONDENCE FROM ANDREW CHAMPION FACILITIES AND SUPPORT SERVICES TH MANAGER OF LONDON BOROUGH OF BROMLEY DATED 7 AUGUST 2019 A5. DECISION NOTICE (LPA REF: 20/01789/FULL2) Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 2 A6. MINUTES OF AN ADULT AND COMMUNITY POLICY DEVELOPMENT AND SCRUTINY ND COMMITTEE HELD ON 2 NOVEMBER 2010 A7. HOUSING AND MIXED USE SITE ASSESSMENTS SUMMER OF 2017 TH A8. EXECUTIVE COMMITTEE MEETING MINUTES DATED 11 JULY 2018 A9. PUBLIC & WEB PRESS NOTICE OF APPROPRIATION – SECTION 232 OF THE TOWN & COUNTRY PLANNING ACT 1990 TH A10. EXECUTIVE COMMITTEE MEETING REPORT DATED 16 OCTOBER 2019 A11. Y BUILDINGS MARKETING BROCHURE A12. CORRESPONDENCE FROM MS AMY MILTON HEAD OF ESTATES AND ASSET MANAGEMENT AT LB BROMLEY Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 3 1. INTRODUCTION 1.1 This statement is submitted on behalf of Moon Y Limited (the Applicant) in support of an application for a certificate of lawfulness for an existing use (CLEUD) at “Y Buildings” Rafford Way, Bromley, BR1 3UH (the Site). 1.2 The application seeks a CLUED for: The use of the ‘Y’ Buildings as offices for the carrying out of administrative functions (Class E); and For the purposes of the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended), use as offices other than as a use within class A2 (financial and professional services) (Class B1(a)). 1.3 Our case is that the Y-Buildings are a single planning unit that have been in continuous administrative office use (Class B1a now Class E) from 1982 until 2012, when they were vacated. Since vacation there has been no other intervening use. Therefore, the lawful use of the Y-Buildings is as an administrative office (Class E) use as set out in the Town & Country Planning (Use Classes) (Amendment) (England) (No.3) Regulations 2020. 1.4 This statement is structured as follows: Section 2 of this statement sets out the Legislative Background and National Planning Practice Guidance; Section 3 details The Site; Section 4 sets out The Planning History of the Site; Section 5 sets out The Building Control History of the Site; Section 6 discusses Recent Property History; Section 7 assesses The Lawful Use of the Site; and Section 8 provides Conclusions. 1.5 Section 3 to 6 sets out the factual background associated with the Site. Section 7 analyses the factual background with conclusions provided in Section 8. Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 4 2. LEGISLATIVE BACKGROUND AND NATIONAL PLANNING PRACTICE GUIDANCE 2.1 The statutory framework for applications for certificates of lawfulness and their determination is set out in sections 191-193 of the Town and Country Planning Act (1990). 2.2 Section 191(2) of the Town and Country Planning Act (1990) is particularly relevant as it sets out the statutory framework covering ‘lawfulness’ for lawful development certificates. As the National Planning Practice Guidance (NPPG) (Paragraph 003; Reference ID 17c-003-20140306) explains: ‘The Statutory framework covering ‘lawfulness’ for lawful development certificates is set out in section 191(2) of the Act. In summary, lawful development is development against which no enforcement action may be taken and where no enforcement notice is in force, or, for which planning permission is not required.’ 2.3 In this instance, the time period where development becomes immune from enforcement if no action is taken is 10 years. 2.4 Article 39 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 specifies that the contents of an application for a certificate should be accompanied by sufficient factual information or evidence for a local planning authority to decide the application. 2.5 The NPPG (Paragraph: 005 Reference ID: 17c-005-20140306) explains that an application needs to describe precisely what is being applied for (not simply the use class) and the land to which the application relates. It warns that without sufficient or precise information, a local planning authority (LPA) may be justified in refusing a certificate. 2.6 With regards to providing information, the NPPG (Paragraph 006; Reference ID 17c-006-20140306) states that: ‘The applicant is responsible for providing sufficient information to support an application, although a local planning authority always needs to co-operate with an applicant who is seeking information that the authority may hold about the planning status of the land. A local planning authority is entitled to canvass evidence if it so wishes before determining an application. If a local planning authority obtains evidence, this needs to be shared with the applicant who needs to have the opportunity to comment upon it and possibly produce counter-evidence. In the case of applications for existing use, if a local planning authority has no evidence itself, nor any from others, to contradict or otherwise make the applicant’ version of events less than probable, there is no good reason to refuse the application, provided that the applicant’s evidence alone is sufficiently precise and unambiguous to justify the grant of a certificate on the balance of probability.’ Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 5 3. THE SITE AND SURROUNDING AREA 3.1 This section should be read in conjunction with the existing plans and accompanying photo-sheet. It describes the buildings as they currently exist. 3.2 The Y Buildings are two stand-a-lone three-storey, mid-20th-century buildings, known individually as Joseph Lancaster Hall (JLH) and Anne Springman Hall (ASH). Each building is made-up of three equiangular wings forming a distinctive Y-shape. They each have a central core with each wing consisting of a series of offices (and ancillary accommodation) off a central corridor. Both buildings are described in turn below. This is followed by a commentary of the surrounding area. Joseph Lancaster Hall (JLH) 3.3 JLH, to the north of the Site, has been enlarged with a small side extension alongside the western wing. It has two entrances; a main accessible entrance and a secondary access located on the northern elevation of the main core. Entry through the secondary access is controlled via a keypad. The main entrance has its own reception area and a small visitor waiting area. All accesses off this area have controlled doors in order to restrict access. 3.4 The photo-sheet accompanying this section shows the entrance to the building, as well as internal images of JLH. Each photo is labelled to provide additional information but briefly they show the following: The main entrance; Reception area; Examples of single offices and offices that have been made open plan; Doors with titles on them to indicate individuals, teams or whether they are occupied or note Kitchen and bathroom facilities; Corridors; and Examples of notice boards with information for staff on them including telephone number and positions of staff in specific
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