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 MANAGER OF LONDON BOROUGH OF BROMLEY DATED 7TH 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 COMMITTEE HELD ON 2ND NOVEMBER 2010
A7. HOUSING AND MIXED USE SITE ASSESSMENTS SUMMER OF 2017
A8. EXECUTIVE COMMITTEE MEETING MINUTES DATED 11TH JULY 2018
A9. PUBLIC & WEB PRESS NOTICE OF APPROPRIATION – SECTION 232 OF THE TOWN & COUNTRY PLANNING ACT 1990
A10. EXECUTIVE COMMITTEE MEETING REPORT DATED 16TH 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 departments, fire evacuation and health and safety details.
3.5 Wing A is the northern wing. It can be accessed through the main core or from an external staircase on the northern elevation. At ground floor level there are three open plan offices and two single offices. There is also a print room. At first floor level, the western side of Wing A is an open plan office. The eastern side consists of two single offices and an open plan office. At second floor level there are three open plan offices and four single offices.
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 6
3.6 Wing B is the eastern wing. At ground floor level the section of the wing adjacent to the waiting area there are male, female and accessible toilets. The rest of the wing has controlled access. It is made up of a series of open plan offices and single offices. In the southern corner of the wing there is an internal staircase that provides access to the first and second floors. The first floor has five single offices and a staff kitchen on the northern side of the wing. On the southern side there is a single office as well as an open plan office and a filing room. At second floor level the northern side consists of an open plan office with separate male toilet. The southern side exists as two single offices and an open plan office.
3.7 Adjacent to the visitor waiting area at ground floor level, along the western wing (Wing C) and contained within the ground floor extension, are six small interview rooms. Each interview room has a dividing screen which segregates officers from interviewees. They can be accessed from the corridor linking the visitor waiting area or the central corridor through the ground floor of Wing C. The rest of the ground floor wing (Wing C) consists of a rectangular shaped open plan office. In the south western corner of Wing C is an internal staircase connecting ground, first and second floors. The first floor consists of three single offices and two open plan offices. There are also two female toilets and a kitchen. At second floor level there are open plan offices both sides of the main corridor. There are also two female toiles and a small storage area.
3.8 The main core of JLH consists of a waiting area and through a controlled access door, a main staircase running up through the building. At first floor level there is an office and filing room off the main core. At second floor level there are three offices in the main core.
Anne Springman Hall (ASH)
3.9 The photo-sheet accompanying this section shows the entrance to the building, as well as internal photos of ASH. Each photo is labelled to provide additional information but briefly they show the following:
The main entrance;
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, including accessible toilets;
Corridors;
Staff pigeon holes;
Filing rooms; and
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 7
Examples of notice boards with information for staff on them including telephone number and positions of staff in specific departments, fire evacuation, first aid and postal details.
3.10 ASH consists of office accommodation across all three floors. Access into the building is controlled via a keypad. The main core consists of a communications room and office at ground floor level, as well as a main staircase that links the floors. At first floor level there are two offices off the main staircase. At second floor level there is an office and binding room.
3.11 Wing A is on the northern side of the building. At ground floor level there are seven single offices and an open plan office. There is also a female toilet and an accessible toilet. On the northern elevation, there is an external staircase linking ground to first and second floors. At first floor level there are five single offices and two open plan offices. There is also a server room. At second floor level there are four single offices and three open plan offices.
3.12 Wing B is on the eastern side of the building. Access to the wing on the ground floor is controlled. It consists of an open plan office on the southern side of the wing. On the northern side there are three single offices, an open plan office and a staff kitchen. There is also a cleaning cupboard. In the southern corner there is an internal staircase that connects the ground floor with the first and second floors. The first floor is laid out as six single offices and two open plan offices. There is also a staff kitchen. At second floor level there are three single offices, three open plan offices, a kitchen and male toilets. There is also a cleaning cupboard.
3.13 Wing C is on the western side of the building. At ground floor level there are three single offices and three open plan offices. There is also a male toilet and an accessible toilet. In the southern corner there is an internal staircase that links the first and second floors. At first floor there are three single offices and three open plan offices. There are also female toilets. At second floor level there are three single offices two open plan offices and a filing room.
3.14 Immediately, to the south of JLB and the west of ASH is a small car park that is accessed off Rafford Way.
Surrounding Area
3.15 Bromley Civic Centre (BCC) is situated to the north of the Site, which consists of a number of buildings that have been joined together either through extensions or the erection of covered walkways. BCC has its own Main Reception, which is accessed off Stockwell Close and is opposite the BCC multi-storey car park (three storeys over four levels). At the far north of BCC, beyond the Stockwell Building, which is roughly hexagon in shape, is the North Lodge, which is a two storey house that fronts Rochester Avenue. Also contained within BCC, there is the Great Hall, which until recently provided leisure services and events, and the former gymnasium, which is now Bromley Food Bank. Both these uses are accessed off Stockwell Close and are joined to the North Block.
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 8
There is car parking adjacent to the Main Reception, the recycling centre, the North Block and St Blasie Block. There is also car parking below the Stockwell Building.
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 9
4. PLANNING HISTORY
4.1 This section first sets out the planning history that is relevant to the Site. It then goes on to discuss a recent planning permission granted in connection with the North Lodge, which is to the north of the Site.
The Site
4.2 A number of planning applications have been submitted in connection with the Site. These are set out in the table below and later discussed individually in detail, where they relate to this CLEUD application.
LPA Ref Decision Description
Granted WK362430 Two halls of residence. 27/08/1963
Stockwell College of Education, Rochester Avenue Grant Bromley: change of use from College of Education 19/79/153 17/09/1979 to Civic Offices and use by the public of the hall and gymnasium
Approved 02/04011/DEEM3 Single storey extension to Joseph Lancaster Block 17/01/2003
Approved Additional hard standing and car parking to rear of 05/02410/DEEM3 Anne Springman hall and to front of Joseph 12/12/2005 Lancaster hall with low level external lighting
Withdrawn Use as B1(a) offices Certificate of Lawfulness for 19/03228/ELUD 18/11/2020 and existing use
20/01327/RESPA Refuse Prior Approval Change of use of Class B1(a) office to Class C3 Residential to form 120 residential units.(56 day 09/06/2020 application for prior approval in respect of transport and highways, contamination, flooding risks and noise under Class O Part 3 of the GPDO 2015)
20/02665/RESPA Refuse Prior Approval Change of use of Class B1(a) office to Class C3 Residential to form 73 residential units.(56 day 21/09/2020 application for prior approval in respect of transport and highways, contamination, flooding risks and noise under Class O Part 3 of the GPDO 2015)
4.3 Planning permission (LPA ref: WK36240) was granted for the Site in 1963 for use as two halls of residence for Stockwell College. We understand the buildings were constructed shortly afterwards.
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 10
4.4 Planning permission (LPA ref: 19/79/153) was granted in 1979 for the change of use of Stockwell College, including the ‘Y’ Buildings, for use as civic offices and use by the public of the hall and gymnasium. A copy of the decision notice is attached as Appendix 1.
Appendix 1
4.5 More recently, in 2003 planning permission (LPA ref: 02/04011/DEEM3) was granted for a ground floor extension to one wing of the JLH. A copy of the decision letter and consented drawings are attached as Appendix 2. The proposed plans show the extension created six small interview rooms and a public waiting area.
Appendix 2
4.6 In 2005, planning permission (LPA ref: 05/02410/DEEM3) was granted for additional car parking to the rear of ASH and JLH. A copy of the committee report is attached as Appendix 3. The conclusions to the committee report state inter alia:
“The proposal is to provide car parking spaces for staff of the Children and Young People Unit. It is felt that the car park will address the issues of recruitment, retention and efficiency of staff time. The additional spaces will be accessed from Rafford Way and will only be used by staff on a restricted time basis.” (our emphasis)
Appendix 3
4.7 In 2019, an application (LPA ref: 19/03228/ELUD) for a Certificate of Lawfulness was submitted by Cushman and Wakefield and was later withdrawn. Accompanying the application was correspondence from Andrew Champion; Facilities and Support Services Manager of London Borough of Bromley, dated 7th August 2019. A copy of the correspondence is enclosed as Appendix 4. The correspondence confirms that Andrew Champion has been an employee of the Council for 16 years and that it is his understanding that the Site has been in office use since 1982 and used as offices for the duration of his time until they were vacated in 2012. He confirms that the Children’s Social Care, Property Services and Environmental Services were housed in the Y Buildings.
Appendix 4
4.8 Finally, with respect to the second prior approval application (LPA ref: 20/02665/RESPA) the accompanying officer’s report stated the following inter alia in connection with the use of the Site:
“The Y buildings themselves were vacated in 2012 but prior to that there is no reason to doubt that they had been used as offices by the London Borough Bromley to carry out civic functions since or shortly after the Council took over the site in the early 1980s. Furthermore, there has been no other intervening use of the ‘Y’ buildings in the last 10 years.”
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 11
The North Lodge
4.9 Planning permission (LPA ref: 20/01789/FULL2) was recently granted consent in 2020 to change the North Lodge from residential to Class D1/B1 use for the provision of services for young people. Copies of the decision notice, committee report, site location plan and consented ground and first floor plans are attached as Appendix 5.
Appendix 5
4.10 The site location plan has a red line only around the curtilage of the North Lodge, thereby identifying it as a single planning unit for the purposes of obtaining planning permission. The committee report under paragraph 2.1 also has an image showing the red line around the curtilage of the North Lodge as well as a blue line representing ownership around the northern boundary of the Civic Centre.
4.11 The consented drawings show an entrance hall leading to a lounge area at ground floor level. There is also storage and a kitchen. At first floor level there are offices, a workroom and computer room.
4.12 Turning to use, it is stated in the committee report under the section Summary of Key Reasons for Recommendation that the lodge will be used as Civic Offices providing youth support services. Paragraph 3.4 of the committee report describes the proposal stating that there will be an office at first floor level.
4.13 When granting conditional planning permission, the LPA attached a condition to the consent relating to the use of the building. Condition 4 of the consent states:
“The building shall be used solely for the use described, as a mixed B1/D1 premises for the provision of youth services.
Reason: In order that a future change of use can be considered in the light of circumstances at the time, and to comply with the terms of the application.”
4.14 This condition restricts the use of the building so that it can only be used for Youth Services within use classes D1/B1 use. Any change to a different use would require planning permission.
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 12
5. BUILDING CONTROL HISTORY
5.1 A number of building control applications have been submitted in connection with the Site. The table below lists them.
BC Ref Decision Description
02/03534/OTHFPO Decision Date Office alterations. Remove two solid partition wall and forming new door opening through partition 28/11/2002 nd wall (Anne Springman 2 Floor)
03/00456/OTHFPO Decision Date Office refurbishment structural alterations on 2nd floor – Anne Springman Block 06/02/2003
03/02520/OTHFPO Decision Date Single storey extension including refurbishment to existing offices. 11th June 2003
04/09852/OTHFPO Decision Date Create new openings rooms A104 to A107 (Ann Springman Building) 24/11/2004
5.2 Three of the building control applications relate to ASH. Two of those applications relate to either office alterations or office refurbishment.
5.3 The application (LPA ref: 03/02520/OTHFPO) for a single storey extension to existing offices is shown on LB Bromley’s public access database as a related case to the planning permission (LPA ref: 02/04011/DEEM3) for the single storey extension to the JLH.
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 13
6. RECENT PROPERTY HISTORY
6.1 This section focuses on recent property history associated with the Site, which covers its occupation before vacation and information relating to LB Bromley’s disposal of the Site. It contains evidence that has either been produced by LB Bromley or prepared on their behalf.
Adult and Community Policy Development and Scrutiny Committee held on 2nd November 2010
6.2 Minutes of an ‘Adult and Community Policy Development and Scrutiny Committee’ held on 2nd November 2010 are attached as Appendix 6. One of the items on the agenda discussed the closure of adult social care receptions in the borough. Paragraphs 3.1, 3.41 and 3.42 state inter alia:
3.1 The adult social care receptions are located at Yeoman House, Penge and The Walnuts, Orpington. There is also a housing and children’s social care reception at Joseph Lancaster Hall, Civic Centre…... (our emphasis)
3.4.1 The majority of service user visits are related to children’s social care, who will continue to manage face-to-face reception services for these callers in the Old Town Hall; and housing services who will take over the management of reception services in Joseph Lancaster Hall.
3.42 Children & Young People and Adult & Community Services departments currently share petty cash services at Joseph Lancaster Hall and responsibility for Children’s social car petty case will remain with the Children & Young People’s department wef April 2011, as part of the proposed changes.”
Appendix 6
6.3 The minutes confirm that JLH had its own reception in 2010 and that it was used by the Housing and Children’s Social Care Departments. A reception area is shown on the existing ground floor plan dated 10th December 2000 accompanying the planning permission (02/04011/DEEM3) for the extension to JLH (Appendix 2). Moreover, the minutes state that Housing Services will take over the management of reception services. Finally, petty cash services at JLH are to be shared between Children & Young People and Adult & Community Services departments. There is no mention in the minutes that these services should be directed to any of the other reception or petty cash services within buildings in the wider Civic Centre.
Housing and Mixed Use – Site Assessments 2017
6.4 London Borough of Bromley Planning Division prepared a Housing and Mixed Use Site Assessments document in the summer of 2017. It is attached as Appendix 7. The purpose of the document was to inform the allocations for development for the Local Plan Review. It accompanied Bromley’s
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 14
Submission Draft Local Plan and Sustainability Appraisal and was produced by the Local Planning Authority.
Appendix 7
6.5 The first site allocation is Bromley Civic Centre (page 10). Under the section Current Use is the following description:
Offices, community facilities including Council Chamber, gym, car parking and open space.”
Executive Committee Meeting dated 11th July 2018
6.6 Attached as Appendix 8 are committee minutes in relation to LB Bromley’s Civic Centre Programme and Office Accommodation Proposals. The minutes confirm that at the committee it was agreed to dispose of ASH and JLH.
Appendix 8
Public & Web Press Notice of Appropriation – Section 232 of the Town & Country Planning Act 1990
6.7 Following LB Bromley’s decision to dispose of ASH and JLH, they published a notice dated 25th July 2019 under the provisions of the Town & Country Planning Act 1990 to appropriate for planning purposes, land from offices to housing. A copy of the notice and the web press notice is attached as Appendix 9. The notice states inter alia:
“Notice is hereby given that the Council of the London Borough of Bromley Intends, under the provisions of the Town and Country Planning Act 1990, to appropriate for planning purposes, land from office use to housing. “ (our emphasis)
Appendix 9
6.8 When publishing the notice of appropriate under the Planning Acts, LB Bromley identified that the Site is expressly in office use.
Executive Committee Meeting dated 16th October 2019
6.9 This executive committee meeting discussed the responses and objections received following the publication of the appropriation notice. A copy of the report prepared for the meeting is attached as Appendix 10.
Appendix 10
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 15
6.10 The report sets out the history of the Site and states in paragraph 3.1:
“The Y Blocks comprise of Anne Spingman House and Joseph Lancaster House, which were originally built as Student Accommodation when the Civic Centre site was a Teach Training College. The buildings were latterly used as Office Accommodation by the Council with occupation ceasing in 2012.” (our emphasis)
6.11 Again, it is confirmed by officers that the Site was used as offices.
Y Buildings Marketing Brochure
6.12 LB Bromley instructed Cushman & Wakefield to sell the Site. A copy of the marketing brochure is attached as Appendix 11. The Executive Summary (page 1) states:
“The site extends to circa 1.76 acres/0.71 hectares and currently comprises of two vacant, three storey office buildings with an approximate GIA of 48,562 sqft/4,512 sqm. (our emphasis)
Appendix 11
6.13 Page 5 of the marketing brochure also states that the existing buildings were previously used as office buildings by Bromley Council but are now vacant.
Correspondence from Ms A Milton Head of Estates & Asset Management at LB Bromley
6.14 Attached as Appendix 12 is correspondence from Ms Amy Milton who is Head of Estates and Asset Management at LB Bromley. She confirms that she is familiar with the Site having visited there on many occasions.
Appendix 12
6.15 The correspondence specifies which Council departments used the Site as offices from 1982 until they were vacated in 2012. The letter also confirms that JLH has its own reception area and that members of the public were only allowed to visit the building upon appointment. Both buildings had controlled access and that office workers used ID cards for access. Ms Milton states that the car park was used by staff as a pay as you go employee parking facility and that it was extend in the 2000’s to provide parking specifically for the Children and Young People Unit whose offices were in the ‘Y’ Buildings.
6.16 The Head of Estates and Asset Management at LB Bromley concludes her letter stating the following:
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 16
“It is my understanding that both Y-Buildings were used from 1982 solely as administrative offices (Class E use) for various council departments until 2012 when they were vacated. They have remained vacant since this time.”
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 17
7. THE LAWFUL USE OF THE SITE
7.1 As set out in paragraph 2.5 of this statement, the NPPG states that when determining lawful development certificates, the evidence needs to be sufficiently precise and unambiguous and it should be assessed on the balance of probability.
7.2 As set out in paragraph 1.3 of this statement, 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.
7.3 Dealing first with the issue of the use of the Site as a single planning unit, regard has been had to Burdle V SSE 1972 (Burdle), which is the definitive judgement on this matter.
7.4 With respect to Burdle, Mr Justice Bridge said:
“It may be a useful working rule to assume that the unit of occupation is the appropriate planning unit, unless and until some smaller unit can be recognised as the site of activities which amount in substance to a separate use both physically and functionally.”
7.5 In response to this, we say that the unit of occupation is The ‘Y’ Buildings (the Site) and that it is the appropriate planning unit. This view is given on the basis that the Site is physically separate, occupied as offices by specific council departments, fulfilling their specific purposes; and that the Site has its own facilities, which demonstrate that it can operate separately and independently.
7.6 Burdle sets out three tests in order to identify the planning unit. The first test is:
Where the occupier pursues a single main purpose to which secondary activities are incidental or ancillary, the whole unit of occupation should be considered to be the planning unit;
7.7 Tests two and three are:
Where there are a variety of activities none of which are incidental or ancillary to another and which are not confined within separate and physically distinct areas of land, again the whole unit of occupation should normally be the planning unit. (This is usually said to be a composite use.)
Where within a single unit of occupation there are two or more physically separate and distinct areas occupied for substantially different and unrelated purposes, each area (together with its incidental and ancillary activities) should be a separate planning unit.
7.8 In response to the first test, the following points are relevant:
The occupiers of the Site were LB Bromley officers whose single main purpose was to carry out specific departmental administrative functions, such as social care and housing (see photosheet and appendices 4, 6 &12);
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 18
The ‘Y’ Buildings are physically separate from BCC and have their own distinct area. This is shown on the Site Location Plan. They are not physically linked in any way to BCC, whereas a number of other Council Buildings clearly are (see aerial image at page 5 of the photosheet);
The site includes land immediately around the building; the car park and the access road from Rafford Way (see Site Location Plan). There is no requirement to access the Site through BCC. The Site has its own access from Rafford Way for both pedestrians, cyclists and vehicles, who can use the paying car park and cycle stands adjacent to the entrance to JLH. When the car park was extended, it was done so specifically for staff working in the Children and Young People’s Unit who worked from JLH (see Appendix 3). The physical arrangement of the Site and the associated evidence clearly demonstrate that it is distinct and separate from the rest of BCC;
When occupied between the years 1982 and 2012 (see appendices 4 and 12), the submitted evidence supports the view that the ‘Y’ Buildings functioned independently and therefore separately from BCC. Access into each building was controlled and restricted to staff from specific departments (see Appendix 12 and photosheet). The Site had its own reception area, visiting waiting area and interview rooms (see Appendix 2, 6 and 12). The Site had its own petty cash services at JLH, shared between Children and Young People and Adult & Community Services Department (see appendix 6). Moreover, both office buildings have their own independent facilities for staff including inclusive toilets, kitchens and baby changing facilities. The Site also had its own communication and filing room (see existing layout plans). As such, staff could carry out their departmental administrative duties without leaving the Site; and
When determining the recent planning application (LPA ref:20/01789/FUL) LB Bromley treated the North Lodge as a single planning unit, granting planning permission for Class D1/B1 use, specifically for the provision of services for young people. We say that The ‘Y’ Buildings have very comparable characteristics as The North Lodge. Both are physically and distinctly separate, occupied by specific council departments, fulfilling a specific purpose; and have their own facilities demonstrating that they can operate separately and independently. Both sites are therefore entirely consistent with test one of Burdle.
7.9 In light of the above, the Site constitutes a single planning unit for the following reasons:
Between the years 1982 – 2012, the departments that occupied the Site undertook their own activities independently from the rest of BCC. If the Site was severed and re-located elsewhere in the borough, it could still function in the same manner that took place between these years; and
The Site is physically separate and occupies its own distinct area from which office workers had access from Rafford Way by foot, cycle or vehicle and park their cars or bicycles. The Site had its own facilities that enabled staff to carry out their day to day functions.
7.10 For completeness, regarding the two remaining Burdle tests, test two is not applicable as the Site is separate and physically distinct. It is not a Composite Use. Turning to test three, even if it could be argued that the whole unit of occupation was the entire civic centre, the Y-Buildings are physically separate and distinct areas occupied for purposes that are substantially different and unrelated. The Site was almost exclusively used for administrative office purposes, whereas the rest of BCC, are used for a variety of different purposes, including births, deaths, marriages and citizenship registration, Register Office and wedding ceremonies and committee meetings. The Great Hall (leisure and events use) and former gym (Bromley Food Bank), which are let to separate organisations, have their own separate uses. In this scenario, the Site would still satisfy test three. Therefore, the Site is capable of
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 19
having its own use regardless of whether test one or three is satisfied. For these reasons, the Site must constitute its own planning unit.
7.11 Having reached the conclusion that the Site constitutes its own planning unit, we can then turn to its use.
7.12 The accompanying plans and photo-sheet show layouts and activities that are clearly consistent with the type of administration associated with offices, with private/single and open plan offices, meeting rooms, notice boards, health, safety and fire evacuation information, communications (comms) rooms, filing, printing and server rooms. There is also ancillary accommodation such as toilets, kitchens and cleaning storage rooms to support the offices and staff. This includes the interview rooms along a section of a ground floor wing of JLH, used by the social services department to interview visiting members of the public on an appointment only basis (see Appendix 12). Having ancillary rooms to facilitate meetings held on an appointment only basis is typically characteristic of offices.
7.13 Against this background, there is overwhelming evidence to demonstrate that since 1982 the buildings have been used as offices for the carrying out of administrative duties until they were vacated in 2012; at which point there has been no intervening use. This view is shared by the LPA who have confirmed that this is also their understanding. This is set out in writing in a recent planning officer’s delegated report accompanying the second prior approval application (LPA ref: 20/02665/RESPA) and which is discussed in paragraph 4.8 of this statement. It is also confirmed by two senior council officers, Andrew Champion Facilities and Support Services Manager (Appendix 4) and Amy Milton Head of Estates & Asset Management (Appendix 12).
7.14 Furthermore, LB Bromley has consistently identified the Site as being in office use, both for planning purposes and also for the purposes of selling the Site as evidenced below:
The Local Planning Authority promoted the Site as offices when assessing it for allocation in the Local Plan Review (See Appendix 7);
When appropriating the site for planning purposes, LB Bromley relied upon the same site demarcation as this CLUED application in terms of site location plan and identified the Site expressly as offices (see Appendix 8 and 9);
When discussing the public responses to the appropriation, the committee report identified the Site as offices (see Appendix 10);
During the disposal process LB Bromley have continually described the Site as offices; and
They instructed Cushman & Wakefield to sell the Site as offices (see Appendix 11).
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 20
8. CONCLUSIONS
8.1 For the reasons and evidence set out in this statement the Site constitutes a single planning unit that was continually used for administrative office purposes between the years 1982 – 2012 and therefore over 10 years. In the absence of any subsequently intervening use the lawful use must be offices for administrative purposes (Class E use).
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 21
A1. DECISION NOTICE (LPA REF: 19/79/153)
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of Moon Y Limited 22
A2. DECISION NOTICE (LPA REF: 02/04011/DEEM3) & CONSENTED DRAWINGS
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of SAV Development Ltd 24
A3. COMMITTEE REPORT (LPA REF: 05/02410/DEEM3)
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of SAV Development Ltd 25
LONDON BOROUGH OF BROMLEY
ENVIRONMENTAL SERVICES DEPARTMENT
Committee (SC) on 8th December 2005
REPORT OF THE CHIEF PLANNER
Applications submitted by the London Borough of Bromley
______
1. Application No : 05/02410/DEEM3 Ward: Bromley Town
Address : Bromley Civic Centre Stockwell Close Conservation Area:NO Bromley BR1 3UH
OS Grid Ref: E: 540629 N: 169142
Applicant : The Mayor And Burgesses Objections : YES
Description of Development:
Additional hard standing and car parking to rear of Anne Springman hall and to front of Joseph Lancaster hall with low level external lighting
Proposal
This application is for the formation of additional hard standing and car parking spaces to rear of Anne Springman hall and to the front of Joseph Lancaster hall together with low-level external lighting. As amended, the scheme comprises approximately 10 tarmacced car parking spaces within a fore court of grasscrete to the rear of Ann Springman Hall and a row of 9 tarmacced car spaces in front of Joseph Lancaster Hall, all to be accessed from the existing entrance off Rafford Way.
Consultations
Objections have been received from residents abutting the Civic Centre site;
increase in traffic in Rafford Way exhaust pollution additional noise use of green space for car parking loss of privacy level of proposed lighting loss of security to their properties
with regards to Highway matters: original objections were raised on sustainability grounds to extra car parking spaces.
Any further views will be reported verbally.
Planning Considerations
The application has to be considered against Policy: E.1 of the Unitary Development Plan, which aims to resist poor design and development. Policies BE1 of the draft UDP reflect these objectives. Policy T.15 of the Unitary Development Plan and Policy T3 of the draft UDP require levels of car parking appropriate to the development
Conclusions
The proposal is to provide car parking spaces for staff of the Children and Young Peoples Unit. It is felt that the car parking will address the issues of recruitment, retention and efficiency of staff time. The additional spaces with be accessed from Rafford Way and will be only used by staff on a restricted time basis.
The issues to consider are therefore the impact that the proposal would have on the street he character of the area generally and the effect that it would have on the amenities of the occupants of neighbouring properties. as amended by documents received on 26.10.2005
RECOMMENDATION: NO OBJECTIONS RAISED
1 DCA01 Commencement of Development 5 year DCA01R A01 reason 5 year 2 DCA04 Landscaping scheme full app no details DCA04R A04 reason 3 DCA05 Landscaping scheme - implementation DCA05R A05 reason 4 DCA07 Boundary enclosures no details submitted DCA07R A07 reason 5 DCA08 Boundary enclosures - implementation DCA08R A08 reason 6 The low level lighting system hereby granted permission but subject ot future approval of details shall not be illuminated after 7pm any day of the week. DCH23R H23 reason 7 The proposed car parking spaces shall not be used after 7pm on any day. DCJ06R J06 reason E.1 BE1 8 Details of the low level lighting system shall be submitted to and approved in writing by or on behalf of the Local Planning Authority before the development
commences and the approved scheme shall be implemented before any of the car parking spaces are finalised and shall be maintained as such thereafter. DCH23R H23 reason 9 AJ02 Justification UNIQUE reason OTHER apps
9 Policy (AUDP) E.1 Design of new development
Policy (2DDUDP) BE1 Design of new development
______
A4. CORRESPONDENCE FROM ANDREW CHAMPION FACILITIES AND SUPPORT SERVICES MANAGER OF LONDON BOROUGH OF BROMLEY DATED 7TH AUGUST 2019
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of SAV Development Ltd 26
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 SAV Development Ltd 27 Town Planning Civic Centre, Stockwell Close, Bromley BR1 3UH
Telephone: 020 8464 3333 Fax: 020 8461 7725 Direct Line: 020 8313 4956 Internet: www.bromley.gov.uk Email:[email protected] DX5727 Bromley
1 /6th August 2020 Mrs Catherine Pimm Application No : DC/20/01789/FULL2 C/o Mr Michael Jarman Date : 14th August 2020 Amey Community Ltd Civic Centre 1st Floor, North Block Rochester Avenue Bromley BR1 3UH
TOWN AND COUNTRY PLANNING ACT 1990 THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2015
NOTIFICATION OF GRANT OF PLANNING PERMISSION
Take notice that the Council of the London Borough of Bromley, in exercise of its powers as local planning authority under the above Act, has GRANTED planning permission for the development, referred to in your application received on 27th May 2020. at : North Lodge 2 Rochester Avenue Bromley BR1 3DD
Proposal: Change of use of North Lodge from residential dwelling to Class D1/B1 use for the provision of services for young people
Subject to the following conditions and for the reasons set out below:-
1. The development to which this permission relates must be begun not later than the expiration of 3 years, beginning with the date of this decision notice.
Reason: To comply with Section 91 of the Town and Country Planning Act 1990
2. The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans approved under this planning permission unless previously agreed in writing by the Local Planning Authority.
Reason: In order to comply with Policy 37 of the Bromley Local Plan and in the interests of visual and residential amenity.
3. The materials to be used for the external surfaces of the development hereby permitted shall as far as is practicable match those of the existing building.
Reason: In order to comply with Policy 37 of the Bromley Local Plan and in the interest of the appearance of the building and the visual amenities of the area. 4. The building shall be used solely for the use described, as a mixed B1/D1 premises for the provision of youth services.
Reason: In order that a future change of use can be considered in the light of circumstances at the time, and to comply with the terms of the application.
Signed:
Assistant Director (Planning) On behalf of the London Borough of Bromley Council YOUR ATTENTION IS DRAWN TO THE NOTES OVERLEAF
The Local Planning Authority is actively seeking to reduce the need to impose conditions. Any pre-commencement conditions imposed on this planning permission are necessary to ensure that the detail of the development to which they relate is carried out in a satisfactory manner and the submission of the information in relation to this is required before commencement as it would not be possible or desirable for this to happen at a later stage in relation to the specific reasons for imposing each condition.
To assist applicants the Local Planning Authority has produced policies and written guidance, all of which is available on the Council’s website at www.bromley.gov.uk/planning. Through the provision of a pre-application advice service the Local Planning Authority encourages early engagement to resolve problems that can occur in relation to dealing with a planning application by providing clear guidance as to how the aims of the development plan can be achieved in a sustainable and appropriate manner in accordance with paragraphs 188 - 190 of the National Planning Policy Framework 2012.
Please note that your development may be liable for Community Infrastructure Levy (CIL). For more information please visit www.bromley.gov.uk/CIL Approvals with or without conditions, or refusals of applications for planning permission under the Town and Country Planning Act 1990 and the Town and Country Planning (General Development Procedure) Order 2015 (as amended) and applications for Listed Building and Conservation Area Consent under the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended)
If you disagree with the decision of the Local Planning Authority (LPA) to refuse permission or approval for the proposed development, or to grant permission or approval subject to conditions, you may appeal to The Planning Inspectorate (PINS). This is an independent Executive Agency which provides fair and impartial decisions on appeals against LPA decisions on planning consents in accordance with Section 78 of the Town and Country Planning Act 1990 and for Listed Building and Conservation Area consents in accordance with Section 20 and 21 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
Appeals must be made within 12 weeks of the Decision Notice date for householder planning applications and within 6 months for any other application. They must be submitted on a form, which is obtainable from The Planning Inspectorate Temple Quay House, 2 The Square, Temple Quay Bristol BS1 6PN or online from https://www.gov.uk/appeal-planning-decision. If an enforcement notice is or has been served relating to the same or substantially the same development as in your application, then the time limit to appeal will expire 28 days after the enforcement notice is served – except that you will have a minimum of 28 days to appeal after the right of appeal begins and the time limit will expire no later than it would if there were no enforcement notice.
If you intend to submit an appeal that you would like examined by inquiry then you must notify the Local Planning Authority ([email protected]) and Planning Inspectorate ([email protected]) at least 10 days before submitting the appeal. See https://www.gov.uk/government/collections/casework-dealt-with-by-inquiries for further details.
The Secretary of State (including PINS) is not required to entertain an appeal if it appears to him that permission for the proposed development could not have been granted by the Local Planning Authority, or could not have been so granted otherwise than subject to the conditions imposed by them, having regard to the Statutory requirements, to the provisions of the development order, and to any directions given under the order.
If planning permission, listed building or conservation area consent to develop land is refused, or granted subject to conditions, whether by the Local Planning Authority or by the Secretary of State (including PINS) on appeal, and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, he may serve on the London Borough of Bromley a purchase notice requiring that the Council purchase his interest in the land in accordance with the provisions of Part VI Chapter 1 of the Town and Country Planning Act 1990 or in accordance with the provisions of Section 32 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
In certain circumstances, a claim may be made against the local planning authority for compensation, where permission or consent is refused, or granted subject to conditions by the Secretary of State on appeal or on a reference of the application to him. These circumstances in which compensation is payable are set out in Section 114 of the Town and Country Planning Act 1990 and in Section 27 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
Applications for Express Consent under the Town and Country Planning Act 1990 and the Town and Country Planning (Control of Advertisements) Regulations 2007
If you disagree with the decision of the local planning authority to refuse consent for the display of an advertisement or to grant consent subject to conditions, you may by notice served within 8 weeks of the receipt of this notice, or such longer period as the Secretary of State may agree, appeal to the Planning Inspectorate in accordance with the provision of Part 3 Section 17 of The Town and Country Planning (Control of Advertisements) Regulations 2007. Forms are available from The Planning Inspectorate Temple Quay House, 2 The Square, Temple Quay Bristol BS1 6PN or online from https://www.gov.uk/appeal- planning-decision.
Town and Country Planning Act 1990 (as amended). A Certificate of Lawfulness for an existing proposed use or development
If you are aggrieved by a refusal to grant, a Certificate of Lawfulness, you may appeal to the Planning Inspectorate under Section 195 and 196 of the Town and Country Planning Act 1990 (as amended).
AN IMPORTANT FOOTNOTE Permission or approval referred to overleaf is confined to permission under the Town and Country Planning Act 1990, Planning (Listed Buildings and Conservation Areas) Act 1990, the Town and Country Planning General Development Order 2015 as amended, and the Town and Country Planning (Control of Advertisements) Regulations 2007, and does not obviate the necessity of compliance with any other enactment, by law, or other provision whatsoever or of obtaining from the appropriate authority or authorities any permission, Building Regulation, consent, approval or authorisation which may be required.
You are reminded that the Borough Council’s permission does not modify or affect any personal or restrictive covenants, easement, etc., applying to or affecting either this or any other land or the rights of any persons (including the London Borough of Bromley Council) entitled to the benefits thereof or holding an interest in the property concerned in this development or in any adjoining property. ACCESS FOR PEOPLE WITH DISABILITIES Your attention is drawn to British Standard and Government advice concerning means of access for people with a disability. This advice applies to educational, recreational and retail premises as well as office, factories and business premises.
RESPONSIBLE DISPOSAL OF CONSTRUCTION AND LANDSCAPING WASTE TO PREVENT FLY-TIPPING
When builders or landscape gardeners arrange for third parties to remove any waste from your property, it is their responsibility to use registered waste carriers and obtain waste transfer notes. If however you arrange for any construction or landscaping waste to be removed from your property yourself you could be prosecuted and fined up to £5,000 if you do not use someone who is a registered waste carrier. Find and check registered waste carriers online at www.bromley.gov.uk/wastecarriers or call the Environment Agency hotline on 03708 506506. Always obtain a waste transfer note as proof of the transfer of the waste to an authorised person.
Committee Date 06/08/2020
North Lodge Address 2 Rochester Avenue Bromley BR1 3DD
Application 20/01789/FULL2 Officer - Susanna Stevenson Number Ward Bromley Town Proposal Change of use of North Lodge from residential dwelling to Class D1/B1 use for the provision of services for young people Applicant Agent
Mrs Catherine Pimm Mr Michael Jarman
Bromley Civic Centre Civic Centre Stockwell Close 1st Floor, North Block Bromley Rochester Avenue BR1 3UH Bromley BR1 3UH
Reason for referral to Councillor call in committee LBB Application No
RECOMMENDATION Permission
KEY DESIGNATIONS
Areas of Archaeological Significance Biggin Hill Safeguarding Area Bromley Town Centre Area London City Airport Safeguarding Open Space Deficiency Smoke Control SCA 13 Smoke Control SCA 12
Land use Details Use Class or Use description Floor space (GIA SQM)
Existing RESIDENTIAL (C3) 82SQM (VACANT)
Proposed MIXED D1/B1 82SQM
Vehicle parking Existing number Total proposed Difference in spaces of spaces including spaces (+ or -) retained
Standard car spaces 0 0 0
Disabled car spaces 0 0 0
Cycle 0 0 0
Representation Letters sent to 9 nearest residential properties on 1st June 2020. summary Site notice posted on 10th July 2020 (expiry 31st July 2020).
Total number of responses 0
1 SUMMARY OF KEY REASONS FOR RECOMMENDATION
The existing building has been vacant i.e. not in residential use for a considerable period of time
The proposal would complement the use of the site as a whole as Civic Offices providing youth support services
The proposal would not have a significant impact on neighbouring amenity
Limited external alterations proposed
The site lies within the Civic Centre site, benefits from parking/cycle parking associated with the site and as the Local Authority is the landowner there is additional control over existing and future operations, outside of planning control.
2 LOCATION
2.1 The application site lies on the southern side of Rochester Avenue.
2.2 The red line application site encloses the two storey lodge building and the land to the side, up to the vehicular access into the Civic Centre from Rochester Avenue. The site and the land surrounding it (including the land providing access to the highway from the red line application site) are in the ownership of the London Borough of Bromley.
2.3 The site is occupied by a two storey former caretaker’s dwelling associated with the wider blue line (Civic Centre) site. The site is separated from the vehicular access to the car park by a high horizontal boarded fence.
Southern and eastern (rear) elevation
2.4 Pedestrian access to the building is from the pathway to the west of the building, which leads onto Rochester Avenue close to the pedestrian footpath linking with Kentish Way.
Western (front) elevation
3 PROPOSAL
3.1 It is proposed to change the use of the building from residential (Class C3) to a mixed use for the provision of youth services associated with the Council’s function (Class B1/D1).
3.2 Services provided from the building would include:
• group work for children/youths not in education, employment or training • 1:1 sessions • Group sessions for young people/mothers leaving care • Drop-in sessions for education/training workers and nurses • Change for Care Leavers Forum
3.3 There would be 5 no. proposed employees and the hours of operation would be 8am – 5pm with the exception of Thursdays, where the use would operate to 8.30pm.
3.4 Internal alterations are proposed to include the provision of a kitchen and lounge area at ground floor level and a workroom and office at first floor level.
3.5 It is proposed to enlarge an existing structural opening on the rear elevation to provide an increased width access door.
Proposed rear elevation
4 RELEVANT PLANNING HISTORY
4.1 The relevant planning history relating to the application site is summarised as follows:
4.2 Under ref. 96/01792/LBB planning permission was granted for the change of use of North Lodge from residential to an office and public information centre. The permission was subject to a condition which required that the use permitted be discontinued and the land reinstated to its former condition on or before 31.01.2002.
4.3 While the use as an office/public information centre appears to have ceased in 2002, the building was not reinstated internally to a residential dwelling and appears most recently to have been used for storage (although it is unclear how long this has continued).
5 CONSULTATION SUMMARY
A) Statutory
Highways – No objection
B) Local Groups
None
C) Adjoining Occupiers
Neighbouring owners/occupiers were notified of the application and a site notice displayed close to the application building. No representations were received.
6 POLICIES AND GUIDANCE
6.1 Section 70(2) of the Town and Country Planning Act 1990 (as amended) sets out that in considering and determining applications for planning permission the local planning authority must have regard to:-
(a) the provisions of the development plan, so far as material to the application, (b) any local finance considerations, so far as material to the application, and (c) any other material considerations.
6.2 Section 38 (6) of the Planning and Compulsory Purchase Act (2004) makes it clear that any determination under the planning acts must be made in accordance with the development plan unless material considerations indicate otherwise.
6.3 The development plan for Bromley comprises the London Plan (March 2016) and the Bromley Local Plan (2019). The NPPF does not change the legal status of the development plan.
6.4 The 'Intend to Publish' version of draft London Plan (December 2019) is a material consideration in the determination of this planning application.
6.5 The draft new London Plan was submitted to the Secretary of State (SoS) on 9 December 2019, following the Examination in Public which took place in 2019. This is the version of the London Plan which the Mayor intends to publish, having considered the report and recommendations of the panel of Inspectors. Where recommendations have not been accepted, the Mayor has set out a statement of reasons to explain why this is. 6.6 The London Assembly considered the draft new London Plan at a plenary meeting on 6 February 2020 and did not exercise their power to veto the plan
6.7 Ahead of publication of the final plan, the SoS can direct the Mayor to make changes to the plan. This affects the weight given to the draft plan. At this stage, the Council's up-to-date Local Plan is generally considered to have primacy over the draft London Plan in planning determinations.
6.8 The application falls to be determined in accordance with the following policies:
6.9 National Policy Framework 2019
6.10 The London Plan
6.13 Parking 7.4 Local character 7.6 Architecture
6.11 Draft London Plan
D1 London's form and characteristics D4 Delivering good design D5 Inclusive design
6.12 Bromley Local Plan 2019
20 Community Facilities 30 Parking 37 General Design of Development
6.13 Bromley Supplementary Guidance
Supplementary Planning Guidance 1 - General Design Principles
7 ASSESSMENT
7.1 Principle of development - Acceptable
7.1.1 Policy 20 of the Bromley Local Plan states that development which meets an identified need for community services will be encouraged to locate to maximise accessibility and will normally be permitted subject to accessibility.
7.1.2 Policy 27 relates to Education and states that the Council is committed to ensuring an appropriate range of educational facilities, including specialist provision.
7.1.3 The proposal would provide support services for young people living within the Borough, including social help and assistance and education facilities for small groups. It will also provide a training and drop-in/workshop facility for those working in the field, to enhance the provision of youth services, education and social well-being.
7.1.4 While the proposal would lead to the ‘loss’ of a residential dwelling, it is noted that the building has not been used as residential accommodation for some time. It is also noted that planning permission was granted in 1996 for the change of use from a dwelling to offices and a public information centre.
7.1.5 The proposal is therefore considered acceptable in principle, subject to consideration of highways impacts and the impact of the proposal on residential and visual amenity.
7.2 Design – Layout, scale – Acceptable
7.2.1 The proposal would have very limited visual impact in view of the small scale external alterations to the building and the screening provided by the horizontal slatted fencing and the surrounding shrubs/planting.
7.3 Residential Amenity – Acceptable
7.3.1 The nearest residential dwelling on St. Blaise’s Avenue (No. 4 St. Blaise’s Avenue) is located approx. 40m to the north west, separated from the Lodge building by the Civic Centre frontage trees and landscaping.
7.3.2 The building is similarly screened from the dwellings approx. 30m away and opposite the site at Nos. 1-5 Rochester Avenue by the frontage trees and landscaping and further separated by the width of the carriageway. The dwelling to the east (No. 12 Rochester Avenue) is set approx. 36m from the building and the land in between comprises the main vehicular access to the Civic Centre, as well as the northern section of the Civic Centre staff car park.
7.3.3 Taking into account the separation to the nearest dwellings, along with the hours of operation which are consistent with the usual Civic Centre office hours, it is not considered that the proposal would have a significant impact on neighbouring amenity 7.4 Highways – Acceptable
7.4.1 No objections are raised to the proposal from a technical highways perspective and in view of the site’s location within the Civic Centre complex and in proximity to the town centre it is not considered that the proposal would have a detrimental impact on on-street parking demand or conditions of safety within the highway.
8 CONCLUSION
8.1 It is considered that the proposed change of use would be acceptable in that it would allow the re-use of an existing vacant building, which has formerly been used as an office/public information centre and for storage of equipment associated with the Council’s operations.
8.2 Background papers referred to during production of this report comprise all correspondence on the files set out in the Planning History section above, excluding exempt information.
RECOMMENDATION: PERMISSION
Subject to the following conditions:
1. Standard time limit of 3 years 2. Standard compliance with approved plans 3. Matching materials 4. Use as described – no other purpose
Any other planning condition(s) considered necessary by the Assistant Director of Planning
20/01789/FULL2
© Crown copyright and database rights 2020. Ordnance Survey 100017661.
28 July 2020 1:1250
A6. MINUTES OF AN ADULT AND COMMUNITY POLICY DEVELOPMENT AND SCRUTINY COMMITTEE HELD ON 2ND NOVEMBER 2010
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of SAV Development Ltd 28 Agenda Item 4
Page 5 Page 6 Page 7 Page 8 Agenda Item 9g
Page 119 Page 120 Page 121 Page 122
A7. HOUSING AND MIXED USE SITE ASSESSMENTS SUMMER OF 2017
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of SAV Development Ltd 29 Housing and Mixed Use
Site Assessments 2017
London Borough of Bromley Planning Division Summer 2017
Introduction and methodology
This supporting document accompanies Bromley’s Submission Draft Local Plan and Sustainability Appraisal and informs the allocations for development.
The identification and assessment of land available for housing development has followed the methodology in the Planning Practice Guidance.
The main stages of the assessment are:
Site identification Site assessment Identification of other sources of supply (windfall sites etc) Assessment review – identification of need and production of a draft trajectory. (If there are not enough sites or locations, then further work will be required) Production of a final evidence base.
All sites put forward for housing development have been subject to an information gathering exercise including site visits and aerial photography where required. This has enabled an understanding of the physical characteristics of the sites, any constraints they may have, and any potential linkages with other sites.
These site surveys, along with any information submitted by landowners or their agents, have drawn together the following information:
Site location, size and potential boundaries Current land uses and character Surrounding land uses and character Physical and environmental constraints including access, contamination, flood risk, infrastructure etc Heritage and landscape quality and assets Accessibility of the site and proximity to relevant facilities or infrastructure
As stated in the Planning Practice Guidance, the assessment should be guided by the development plan, emerging planning policy and national policy. Supporting evidence and consultation results for the preceding stages of Local Plan development have informed the policy framework for the sites alongside the London Plan and the NPPF. All current and proposed policy designations have been noted for each site, for example:
Open space and landscape – Green Belt, Metropolitan Open Land, Urban Open Space Natural environment – Tree Protection Orders, Sites of Special Scientific Interest, Sites of Importance for Nature Conservation Heritage, character and quality – Conservation Areas, Listed Buildings Business and employment – Business Areas and future business designations, shopping frontages and town centre locations Guide to the Site Assessment tables
Criteria Further information and data sources Open space and Open space policy designations including: natural environment Green Belt – national policy designation set out in the National Planning Policy Framework (NPPF) the extent of which is established through the Local Plan. Metropolitan Open Land – Open land significant at the regional (London) level, policy set out in the London Plan. Urban Open Space – local level policy set out in the Local Plan.
Protective natural environment designations including: SSSI (Site of Special Scientific Interest) – nationally significant site with a high level of protection. Sites established under the Wildlife and Countryside Act, but policies for protection are’ included in Local Plan. SINC (Site of Importance for Nature Conservation) – locally established sites, policies for protection set out in the Local Plan Local Nature Reserve – policies for protection set out in the Local Plan TPO (Tree Protection Order) – Orders made outside the Local Plan development process but relevant policies set out in the Local Plan. Flood risk and Flood zones – Environment Agency data upated quarterly. Flood zone drainage categories set out in the Technical Guidance to the National Planning Policy Framework (NPPF). Vulnerable types of development can only be located in particular flood zones providing certain criteria are met using the Sequential Test and Exception Test set out in the NPPF. Other information such as surface water flooding from the Strategic Flood Risk Assessment 2017. Pollution The Air Quality Management Area has been established where monitoring of air quality shows exceedance of air quality limits. An action plan for the area aims to control and reduce the pollutants Potential contaminated land identified from Council’s database, local knowledge and site visits Potential noise pollution problems identified through desk based analysis and site visits Heritage, Statutorily Listed Buildings – buildings considered to have nationally significant Character and special architectural or historic interest, listed by English Heritage. landscape Locally Listed Buildings – buildings of local architectural or historic interest Conservation Area – designations through a separate process, but policies for development control set out in the Local Plan Local views, skyline or landmarks – local knowledge and site visits Proposed Local Green Space – areas nominated by the local community for additional protection due to their demonstrable unique value Accessibility and Renewal Areas are set out and described in Policy on the Draft Local Plan. community facilities Distances to the nearest shopping centre have been measured using Google maps, as the crow flies to a centre point. Distances to the nearest schools have been measured in Google maps along an appropriate walking or driving route, from an entry point of the site to the school gate. Distances to the nearest GP, shop, leisure centre, library, cinema and park measured in Google maps using likely walking or road route as appropriate. Particular characteristics meriting alternative measurement are stated in the tables, e.g. one way roads, pedestrian only routes etc. Transport and PTAL (Public Transport Accessibility Level) – a measure of accessibility used by infrastructure Transport for London (TfL) combining walking distances and public transport modes. Checked using the online tool. Sites with a low PTAL (0-1) are calculated to be the least accessible using this methodology and sites with PTAL of 6 are calculated as the most accessible. Bus stops and stations - Distances to bus stops and stations measured using a likely walking or road route using Google maps. 400m has been used as a benchmark for an acceptable walking distance to a bus stop. Access to the site includes both identifying whether there is an existing site entrance point and the nature of roads and the road network immediately around the site. Checked on site visits and advice given by Council highway engineers. Potential additional network congestion or highway safety concerns related to the potential use, the physical relationship of the site to the surrounding road network and the scale of potential development. Business and Business Areas - currently adopted areas in the Unitary Development Plan employment SOLDC (Strategic Outer London Development Centre) – Areas considered strategically important to London as a whole for growth and development of a range of uses. Principle established in the London Plan and management policies set out in the Local Plan Strategic Industrial Location (SIL) – key industrial land areas to be protected for business uses. Principle set out in the London Plan, boundaries established in the Local Plan. Locally Significant Industrial Site (LSIS) – policy set out in the London Plan but sites established through the Local Plan The extent of, and policies for the hierarchy of shopping centres and shopping frontages are set out in the Local Plan policies and appendix. Deliverability/ Information provided by site proposer (land owners or agents) through the Call for ownership/ phasing Sites process and representations to the Draft Local Plan consultation.
Bromley Draft Local Plan - Housing site assessments, May 2017
Page Sites recommended for allocation (See Draft Local Plan Appendix 10.2 for allocations and site maps) 1 Bromley Civic Centre, Stockwell Close 5 Land adjacent to Bromley North Station, Tweedy Road 9 The Hill car park and adjacent lands 11 Gas Holder site, Homesdale Rd/ Liddon Rd 13 Land adjacent to Bickley Station 15 Bromley Valley Gym and adjacent lands, Chipperfield Road 17 Orchard Lodge, William Booth Road, Penge 19 Bassett’s Campus, Starts Hill Road 21 Former depot, Bruce Grove, Orpington 23 West of Bromley High Street and land at Bromley South 27 18-44 Homefield Rise, Orpington 29 Small Halls, York Rise, Orpington 31 Banbury House, Bushell Way, Chislehurst Sites not recommended for allocation (grouped by ward) Bickley 35 Bickley Manor Hotel, Thornet Wood Road, Bickley 37 Former MOD Playing field, Thornet Wood Road, Bickley 39 Land at Thornet Wood Road, Bickley 41 Land fronting Blackbrook Lane, Bickley 43 Tesco, Homesdale Road, Bickley 45 St Raphael’s Residential Care Home Biggin Hill 47 Land at Highfield Road and Beech Road, Biggin Hill 49 Land adjacent to no.1 Norheads Farm Cottages, Biggin Hill 51 Land to the north of Norheads Lane, Biggin Hill 53 Land to the rear of Norheads Farm Cottages, Biggin Hill 55 Land to the south east of Swievelands Road, Biggin Hill Bromley Common and Keston 57 Jackson Road Nursery, Jackson Road, Bromley BR2 8NS 59 Land west of Randolph Rd, Randolph Road, Bromley Common 61 Land west of Randolph Rd (combined sites), Randolph Road, Bromley Common 63 Potters Farm and Sea Cadets, Bromley Common 65 Keston Garden Centre, Oakley Road, Keston 67 The Drift, Croydon Road, Keston 69 Land between and rear of 57 to 67 Fox Lane, Keston (Option 1) 71 Land between 57 to 69 Fox Lane, The Granary and Castra Kestonis, Keston (Option 2) 73 Land between 57 to 69 Fox Lane, The Granary and Castra Kestonis, Keston (Option 3) 75 Land north east side of Princes Plain, Bromley Common 77 Land at Oakley Farm, Oakley Road, Bromley Common 79 Enterprise House, Hastings Road Bromley Town 81 Bromley Fire Station, South Street, Bromley 83 Church House Gardens Depot, Church Road, Bromley 85 Bromley Industrial Centre, Waldo Road Chelsfield and Pratts Bottom 87 Land bounded by The Highway, Warren Road & Orpington Bypass, Chelsfield 89 Lillys Farm, Chelsfield Lane, Chelsfield 91 Hewitt’s Farm, Chelsfield Chislehurst 93 Flamingo Park, Sidcup Bypass, Chislehurst 95 World of Golf, A20 Sidcup By-pass 97 Land north west of Kemnal Road, Chislehurst 99 Virgin Active Health Club, Sidcup By-pass, Chislehurst 101 Beaverwood Depot, Beaverwood Rd, Chislehurst Clock House 103 Former electricity depot, off Churchfields Road, Beckenham Copers Cope 105 Former Nat West Bank Sports Ground, Copers Cope Road 107 SeGas sports ground, Worsley Bridge Road 109 Maybrey Works, Worsley Bridge Road 111 Land Rear of former Dylon international, Station Approach, Lower Sydenham 113 Crystal Palace Training Ground, Copers Cope Road Cray Valley East and West 115 Land rear of Tesco, Edgington Way 117 Land off Chapmans Lane, Chalkpit Avenue, St Paul's Cray 119 Ruxley Cottage, Maidstone Road 121 Lower Hockenden Farm, Hockenden Lane 123 Gasholder Station, Lessons Hill/ Sevenoaks Way, St Mary Cray 125 Bournewood Quarry, off A20 127 Land fronting Sevenoaks Way, adjoining Ruxley Lakes 129 Lone Barn Farm, East Hall Road, Orpington 131 Land north of Cockmannings Lane, St Mary Cray 133 Home Farm, Sandy Lane 135 Central House, Murray Road, Orpington 137 Land at Griggs Cross, St Mary Cray Darwin 139 Land north west of Leaves Green Road Keston 141 Land at Leaves Green Road (A233) Keston 143 Land south east of Belvedere Road, Biggin Hill 145 Land to the west of Blackness Lane (Adj Foxley) Keston 147 Layhams Farm, Layhams Road, Keston Hayes and Coney Hall 149 Bromley Football Club, Hayes Lane, Bromley Kelsey and Eden Park 151 Land at North Drive, South Eden Park Road 153 Langley Court, South Eden Park Road, 155 38 Croydon Road, Elmers End LSIS Orpington 157 Priory Gardens Depot, High Street, Orpington Penge and Cator 159 Penge Auto Sprays, 85 Maple Road, Penge 161 Sydenham Industrial Estate, Kangley Bridge Road
Site name: Bromley Civic Centre, Stockwell Close, Bromley
Summary: Site recommended for allocation for mixed use including civic centre facilities (offices & community facilities), leisure facilities, residential, parking Address: Civic Centre, Stockwell Close, Bromley BR1 3UH Ward: Bromley Town Current use: Offices, community facilities including Council Chamber, gym, car parking and open space Requested use: Mixed use development to include residential (approx.70 units), office, community facilities Site description: The site (5.93ha) is located on the eastern side of Kentish Way, and is surrounded by residential roads. It includes the main offices of Bromley Council which are spread across several buildings including the Old Palace, North Block and Council Chamber. There is a multi-storey public car park, spaces for hire (Great Hall, physiotherapy consulting rooms, meeting rooms and wedding venue space) and an area of open space with a lake.
Criteria Open space and Part of the site is designated Urban Open Space and a Site of Importance for natural environment Nature Conservation The site is within an Area of Deficiency in Access to Nature and in an Area of Local Park Deficiency A central part of the site (the Pulhamite rockeries and St Blaise Well) are a potential locally significant geological site Flood risk and The site contains areas at high risk of surface water flooding drainage See SFRA for further detail Pollution The site falls within the Air Quality Management Area There are two areas, including a small area to the north east and the lake in the south-east that are potentially contaminated land There are no known noise constraints. Heritage, The Old Palace is a Statutory Listed Building (Grade II). There also are statutory Character and listed assets on the grounds of the Old Palace landscape The site falls within an Area of Archaeological Significance The site is not in a Conservation Area or Area of Special Residential Character Part of the former Palace grounds are proposed for designation as Local Green Space Development could affect the setting of existing listed building and monuments Accessibility and The site is not in a Renewal Area community facilities Development of the site could result in the loss of community facilities depending on the mix of uses Nearest town centre – Bromley town centre, 300 m Nearest GP – South View Partnership, 500 m Nearest primary school – Bickley Primary School, 750 m Nearest Secondary school – The Ravensbourne, 1.6 km Nearest community facilities – The Pavilion Leisure centre,60 m, Cineworld, 600 m Bromley Central Library and adjacent Churchill Theatre, 750 m Nearest park – Queens Gardens, 50 m Transport and Public Transport Accessibility Level – 4 (Medium) infrastructure The site is within 400 m of a bus stop with 16 all-day services and 2 night buses The site is 600 m from Bromley North & South Stations Vehicular access to the site is currently from Stockwell Close, Rochester Avenue and Rafford Way Proposed uses could cause additional network congestion Business and The site is not in an existing or proposed business or industrial area employment Potential reduction of business floorspace depending on the extent of civic accommodation consolidation Deliverability/ The site lies within Bromley Town Centre and Opportunity Area. The site is in the ownership/ phasing Bromley Town Centre Area Action Plan (BTCAAP) as Site F Bromley Civic Centre. The site is owned/occupied by Bromley Council as civic offices with some of the facilities used by community groups or available for hire (i.e. meeting rooms, Great Hall facilities, physiotherapy consulting rooms).
The Council’s Executive in May 2016 approved a consolidated option for the Civic Centre which includes the northern section for a democratic hub and Council offices, an area to be available for residential development including the Palace (for re-use) and Council Chamber and an area of public open space to be appropriated as a park.
The residential element of the site is indicated as coming forward in years 6-10 of the Draft Local Plan. Recommendation Allocate for mixed use development
A8. EXECUTIVE COMMITTEE MEETING MINUTES DATED 11TH JULY 2018
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of SAV Development Ltd 30
A9. PUBLIC & WEB PRESS NOTICE OF APPROPRIATION – SECTION 232 OF THE TOWN & COUNTRY PLANNING ACT 1990
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of SAV Development Ltd 31
09/02/2021 London Borough of Bromley TOWN AND COUNTRY PLANNING ACT 1990 Section 232 Land at the Civic Centre | News Shopper
Love Local SUBSCRIBE Puzzles Jobs Homes Motoring Book an ad Local Listings Local Info Contact us
News Sport Announcements E-newspapers What's On Young Reporter Stay Informed and Stay Safe
Announcements Public Notices Planned roadworks Licensing applications Planning notices General notices Local Authorities
Back to search results
PLANNING d London Borough of Bromley TOWN AND COUNTRY PLANNING ACT 1990 h Section 232 Land at the Civic Centre Notice ID: SUT1279338 Notice effective from 31st July 2019 to 30th August 2019
Share this notice 0 comments
Get notices by email for this search
PUBLIC NOTICE
London Borough of Bromley TOWN AND COUNTRY PLANNING ACT 1990 Section 232 Land at the Civic Centre, Stockwell Close, Bromley BR1 3UH
Notice is hereby given that the Council of the London Borough of Bromley Intends, under the provisions of the Town and Country Planning Act 1990, to appropriate for planning purposes, land from o ce use to housing. Such land having an area of 1.74 acres at the Bromley Civic Centre, Bromley BR1 3UH and part of which land consists of an open space.
A copy of the notice and the plan may be inspected during normal o ce hours on Mondays to Fridays at the Bromley Civic Centre, Stockwell Close, Bromley, Kent BR1 3UH until 14 August 2019
Objections to the intended appropriation must be made in writing and addressed to:
David Michael Berger (reference: L34.T15.1865)
The Civic Centre, Stockwell Close, Bromley, BR1 3UH
Such objections must be made no later than 14 August 2019
Dated the 25th day of July 2019
David Mark Bowen Director of Corporate Services London Borough of Bromley
Attachments
SUT1279338.pdf
Download
https://www.newsshopper.co.uk/announcements/publicnotices/notice/106008.London_Borough_of_Bromley_TOWN_AND_COUNTRY_PLANNIN… 1/4
A10. EXECUTIVE COMMITTEE MEETING REPORT DATED 16TH OCTOBER 2019
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of SAV Development Ltd 32 Report No. London Borough of Bromley DRR19/045 PART 1
Decision Maker: EXECUTIVE
Date: Wednesday 16th October 2019 Decision Type: Non-Urgent Executive Key
Title: Disposal of Y Blocks – Decision to Dispose of Open Space
Contact Officer: Michael Watkins Head of Asset and Investment Management [email protected] 0208 313 4178
Chief Officer: Sara Bowrey, Director of Planning, Regeneration and Housing
Ward: Bromley Town;
1. Reason for report
1.1 The Executive resolved, on the 11 July 2018, that the Y Blocks should be disposed of and further resolved on 30th April 2019 to accept an unconditional offer from a purchaser (identified in the Executive Part 2 Report of 30th April 2019) for the freehold title of the Y Blocks and associated land.
1.2 As part of the Y Blocks and associated land comprises of open space the Council has advertised its intention to the disposal of the open space land in a local newspaper for two consecutive weeks. The Council has also advertised its intention to appropriate the Y Blocks and associated land for residential use in accordance with the Town and Country Planning Legislation.
1.3 The Executive resolved on 30th April 2019 that the Y Blocks and associated land are to be appropriated from office to housing use. As that resolution was made in reference to an internal Report, this report-re-affirms that Resolution in a public format.
1.4 A number of objections were received in respect of both advertisements’ and this report considers these with appropriate responses to mitigate concerns raised.
1 2. RECOMMENDATIONS
2.1 That the Executive notes that the Council has advertised the intention to dispose the open space land together with the intention to appropriate the buildings and land to residential use in both cases for two consecutive weeks in accordance with the relevant Legislation.
2.2 That the Executive considers the objections made together with the responses’ to these contained within the Report and formally agree to the Disposal of the Open Space Land.
2.3 That the Executive considers the objections made together with the responses’ to these contained within the Report and formally agrees to the appropriation of the buildings and land to residential use.
2 Impact on Vulnerable Adults and Children
1. Summary of Impact: It is not considered that there will be any impact on Vulnerable Adults and Children. ______Corporate Policy 1. Policy Status: Existing Policy: 2. BBB Priority: Excellent Council Quality Environment Vibrant, Thriving Town Centres: ______Financial 1. Cost of proposal: N/A 2. Ongoing costs: N/A 3. Budget head/performance centre: N/A 4. Total current budget for this head: N/A 5. Source of funding: N/A
______Personnel 1. Number of staff (current and additional):N/A 2. If from existing staff resources, number of staff hours: N/A ______Legal 1. Legal Requirement: Statutory Requirement: Section 123 Local Government Act 1972, Section 232 and 233 Town and Country Planning Act 1990 and S203 to 205 Housing and Planning Act 2016. 2. Call-in: Applicable: ______Procurement 1. Summary of Procurement Implications: N/A ______Customer Impact 1. None ______Ward Councillor Views 1. Have Ward Councillors been asked for comments? Yes 2. Summary of Ward Councillor’s comments: Ward Councillors have been briefed and are aware of the objections received. The contents of this report have been advised to them and an invitation to meet with the Purchaser as soon as contracts have been exchanged has been made and the Purchaser is enthusiastic to accept this offer. 3 3. COMMENTARY
Background:
3.1 The Y Blocks comprise of Anne Springman House and Joseph Lancaster House, which were originally built as Student Accommodation when the current Civic Centre site was a Teacher Training College. The buildings were latterly used as Office Accommodation by the Council, with occupation ceasing in 2012. It should be noted that the adjoining Palace Garden Park is part accessed from Rafford Way via the Y Blocks site.
3.2 The Executive resolved, on the 11 July 2018, that the Y Blocks as surplus to requirements should be disposed and further resolved on the 30th April 2019 to accept an unconditional offer from a purchaser (identified in the Part 2 Report of 30th April 2019 Executive) for the freehold title of the Y Blocks and associated land following an open market disposal exercise to provide residential accommodation.
3.3 The Executive further resolved that the Y Blocks and associated land are to be appropriated from office to housing use under Section 232 of the Town and Country Planning Act.
3.4 The Executive also agreed that as part of the Y Blocks and associated land comprises of open space land that the Council would need to advertise the disposal of the open space land in a local newspaper for two consecutive weeks and consider any objections made.
3.5 In relation to the disposal of Open Space a newspaper advert was published on 29th May 2019 and again on the 5th June 2019 to allow for a notice period of 2 weeks. The time to lodge objections expired 19th June 2019. With regard to the Appropriation a newspaper advert was published on 25th July 2019 and again on 1st August 2019. The time to lodge objections expired on the 14th August 2019.
3.6 The Council has received a total of 59 objections from Bromley residents in respect of the Intention to Dispose of Open Space Notice and 8 objections in respect of the Intention to Appropriate Notice. The Part 2 appendix summarises the objections received together with the names and contact details of those submitting. It should be noted that a number of objections were received after the expiry dates in both cases and for completeness these have been included within the number of objections received figures contained at 3.5.
3.7 These objections received can be summarised as follows:
a) Planning concerns as to what is to be developed.
b) What exactly is being sold?
c) How will access to the Park be maintained?
d) Should the Council should dispose of the site?
e) The proximity of the Bishop’s Palace to the land being sold.
f) How will the Rafford Way Grade 2 Listed Folly be safeguarded?
3.8 These points are considered below with appropriate responses to mitigate concerns raised.
3.9 Planning – many of the objections raised the point that as no planning application has yet been submitted, it is therefore difficult for objectors to see the worth of any scheme development. The Purchaser’s intention is to, via Permitted Development conversion of the two buildings, 4 provide residential let apartments with a separate full planning application to provide additional floors to parts and exterior finishes. The scheme is based on 100% private let tenure housing. The purchaser intends to simultaneously submit prior approval for change of use under Permitted Development rights and submit a full Planning Application for the external improvement works to the buildings on exchange of contracts. In order to progress to this stage the Executive’s resolution to dispose of this Open Space, should it so desire to do so, is required.
3.10 What is being sold? – It would appear that a number of objections were made on the premise that the Council was selling the Palace Park. The Plan attached at Appendix 1 details the extent of the disposal site and the retained Palace Park together with Rafford Way. The Plan was referenced in the advertisement but was not available on-line – however it was available on request at the Civic Centre Office Reception. Consequently a number of residents assumed that the Council was either selling part of the Palace Complex or parts of the Public Park. The Y Blocks and associated land are not contained within the designated Palace Park, however the Park is accessed from Rafford Way through the Y Blocks site. A condition of the disposal, which the purchaser has fully accepted, is the need to provide unfettered pedestrian access to the park through the site on the same basis as the rest of the Council’s Parks.
3.11 Park Access - Access through the Y Blocs site will be on the same basis as the rest of the Council’s Parks. These times are as follows and the purchaser will also erect signage to this effect.
Jan to Mar 07.00-18.30hrs April to June 07.00-21.30hrs July to Sept 07.00-21.00hrs Oct to Dec 07.00-18.00hrs
The Plan at Appendix 1 shows a Point A and a Point B. This will be the main protected route from Rafford Way existing entrance to the Park and vice a versa. As currently accessed that route will via the existing pathway between the two buildings on the site.
3.12 Should the Council should dispose of the site? – A number of objectors have stated that the site should not be disposed of but demolished and returned to the Park as Open Space. Also that the land in question may be designated as Urban Open Space or Local Green Space, the Assistant Director Planning has confirmed that the land is not designated as either of these in the 2019 Local Plan. The Executive resolved, on the 11 July 2018, that the Y Blocks as surplus to requirements should be disposed and further resolved on the 30th April 2019 to accept an offer subject to the Executive firstly considering objections following publication of its Intention to Dispose of Open Space Notice and Intention to Appropriate Notice.
3.13 The proximity of the Bishop’s Palace to the land being sold – Reference was made in a number of objections that the area of land is within the setting of the listed Bishop`s Palace and the separately listed Folly and that the existing Y Blocks are harmful to this historic setting particularly as they intervene and obstruct views from one listed building to the other and consequently any redevelopment proposals should factor in this consideration or demolition be considered to return the site to Parkland. Historic England provide some guidance of curtilage listing which suggests that they would not be considered as curtilage listed structures. This view is taken on the basis that the Old Palace was listed in 1955, most likely prior to the construction of the Ann Springman and Joseph Lancaster buildings which are not mentioned in the list descriptions and appear to be of 1970s construction. The guidance also refers to 3 legal tests to assess whether a building is to be considered curtilage listed; this includes a) physical layout of the listed building and the structure, b) ownership and c) use or function. The buildings would not be relevant to this 3rd test as they did not exist at the time of listing. Furthermore as with the
5 decision to dispose of the site, The Executive resolved, on the 11 July 2018, that the Y Blocks as surplus to requirements should be disposed and further resolved on the 30th April 2019 to accept an offer subject to the Executive firstly considering objections following publication of its Intention to Dispose of Open Space Notice and Intention to Appropriate Notice.
3.14 How will the Rafford Way Grade 2 Listed Folly be safeguarded? The listed Folly contained within the Rafford Way entrance will be included within the disposal. However as a listed structure the preservation of it will become the responsibility of the purchaser. The Folly is further protected by its English Heritage designation and also the Council’s Conservation Team responsibilities of monitoring such structures.
4. IMPACT ON VULNERABLE ADULTS AND CHILDREN It is not considered that there will be any impact on Vulnerable Adults and Children.
5 POLICY IMPLICATIONS
The Council’s aims include being an authority which manages its assets well.
6 FINANCIAL IMPLICATIONS
6.1 Financial commentary was provided within the Executive Part 2 Report of 30th April 2019.
7. PERSONNEL IMPLICATIONS
N/A
8. LEGAL IMPLICATIONS
8.1 In order to appropriate the land the Council followed the statutory procedure in accordance with s232(1) & (4) of the Town and Country Planning Act 1990 (“TCPA”). Consequently the Council published its Notice of Intention to Appropriate in the local newspaper for two consecutive weeks together with the requisite period for receiving objections.
8.2 The Council can appropriate the office buildings for residential use pursuant to s232(1) of the TCPA.
9. PROCUREMENT IMPLICATIONS
N/A
Non-Applicable Sections: PERSONNEL IMPLICATIONS and PROCUREMENT IMPLICATIONS Background Documents: (Access via Contact Officer)
6 Global Occupier Services A4 Portrait @ 1:1250
© Crown copyright and database rights 2017. Ordnance Survey 100002505.
14 May 2019 1:1250
A11. Y BUILDINGS MARKETING BROCHURE
Certificate of Lawfulness for an Existing Use; Supporting Statement (April 2021) | City Planning Limited on behalf of SAV Development Ltd 33 Y BUILDINGS Residential Development Opportunity Adjacent to the Civic Centre, Bromley BR1 3UH EXECUTIVE SUMMARY
An exciting residential development opportunity The site extends to circa 1.76 acres / 0.71 in the heart of Bromley, adjacent to the idyllic hectares and currently comprises two vacant, Bishop’s Palace Gardens. three storey office buildings with an approximate GIA of 48,562 sq ft / 4,512 sqm.
The site has the potential to deliver a residential Benefitting from excellent transport links, development (subject to planning) and the the site is situated 0.3 miles north of Bromley Council welcomes proposals for a housing South train station and 0.5 miles south of scheme in keeping with the surrounding areas. Bromley North train station.
Expressions of interested are invited for the Proposals should be submitted electronically with Freehold interest in the site. a bid deadline anticipated for February 2019.
1 Image of existing buildings LOCATION Perfectly situated for access to Bromley Town Centre and transport connections to Central London.
The site is situated in Bromley, south east London, approximately 12 miles south east of Central London and 10 miles south east of the City of London. The site is accessed off Rafford Way, a tree lined residential street in the heart of Bromley, benefitting from easy access to both the shops and amenities of the Town Centre. Despite being centrally located the site has the advantage of a quiet positioning adjacent to the gardens of Grade II Listed Bishop’s Palace and accessed off a tree lined driveway.
2 CONNECTIVITY The site is situated 0.3 miles north of Bromley South train station providing regular train services to London Victoria and London Blackfriars with journey The site benefits from excellent transport times of 17 and 25 minutes respectively. links with a Ptal rating of 6a, the second LONDON LONDON VICTORIA BLACKFRIARS highest rating possible. 17 MINUTES 25 MINUTES
Bromley North train station is situated 0.5 miles north of the site and offers regular train services to London Cannon Street and London Charring Cross (via Grove Park), with journey times of 23 and 35 minutes respectively.
LONDON LONDON CANNON STREET CHARING CROSS 23 MINUTES 35 MINUTES (VIA GROVE PARK) (VIA GROVE PARK)
3 The existing office buildings were previously used by Bromley Council but are now vacant. SITE The buildings are arranged over three storeys and have SUMMARY a total floor area of approximately 48,562 sq.ft/ 4,512 sq.m GIA with the site Accessed off Rafford Way, the site currently extending to approximately 1.76 acres. Image of existing buildings comprises two vacant, Y-shaped office buildings, surrounding car parking and open green space. Floor plans are available in the further information pack. Site extends to c.1.76 acres N Indicative Boundary Line
Bromley Council continue to occupy the Civic Centre situated to the north of the site as well as Bishop’s Palace, a Grade II Listed property to the north east of the site whose lawns abut the site boundary (shown in photo above).
Image of Bishop’s Palace Grade II Listed Folly
4 Development Potential Access Requirements We believe the site provides an excellent Potential purchasers will need to design their scheme in opportunity to deliver high quality residential such a way that public access to the park is retained, accommodation. and emergency vehicles can gain access to the Civic Benefitting from beautiful surroundings and within Centre to the north east of the site. easy walking distance of Bromley Town Centre and excellent transport connections, there is a strong The vendor does not wish to be prescriptive on the demand from owner occupiers and investors alike. routes to accommodate the above and welcomes proposals from potential purchasers.
Planning The site (and wider Civic Centre) is identified in the Area Action Plan as an ‘opportunity site’ and the Council are keen to make more effective use of this Legal Title attractive landholding. The site is held under Title Number SGL561980, The Council would like to see a housing scheme which contains a restrictive covenant from 1926 delivered on the site, in keeping with the prohibiting building on the site, other than for neighbouring properties on Rafford Way. private dwelling houses at an average of 10 houses per acre. The total area affected by the covenant amounted to 29.45 acres which would permit a total Heritage of 294 houses. 108 houses have been built on land sold off so far in the surrounding streets, leaving The site does not fall within any Conservation Areas but there are several Listed buildings in the scope for up to 186 more to be constructed without breaching the covenant. near vicinity. A Grade II Listed Victorian Folly of Medieval Ruins Rather than leaving the covenant in existence, and to avoid any future ambiguity, it is anticipated a lies within the site boundary, situated towards the end of the entrance driveway to the west of the developer of the surplus site would prefer the Council to appropriate the area to be redeveloped under existing buildings. Section 237 of the Town and Country Planning Act Nearby Listed buildings include the adjacent 1990. This process will be undertaken as part of the Bishop’s Palace and old Ice House, both situated to sale going forward. the east of the site.
5 FURTHER INFORMATION
Tenure Viewings Further Information
Title details can be found in the data room. The Viewings are by prior appointment only. Please An information pack is available to assist Freehold interest is to be sold with the benefit of contact Cushman & Wakefield to arrange a viewing. developers in formulating their offers for the site. vacant possession. The pack contains the following details: Bid Deadline VAT • Title Documents The bid deadline is anticipated for February 2019, with • Existing Building Floor Plans The property is not elected for VAT the date to be confirmed. • Schedule of Areas Expressions of Interest Expressions of interest should be submitted electronically to: • EPC - currently being undertaken The Council welcomes expressions of interest for the • Amy Milton – Freehold interest in the site, from developers to deliver Contact Details [email protected] the site for residential housing, in keeping with that All enquiries should be made through found on Rafford Way. Interested parties should note that the vendor reserves Cushman & Wakefield. the right not to select the highest or any tender. Purchasers will be required to pay a non-refundable For further information contact: fee of 1.5% to cover the marketing expenses of the Council. Half of the 1.5% marketing fee is to be paid on AMY MILTON successful exchange of contracts with the remaining 0203 296 4543 half to be paid on completion. [email protected] Parties are asked to include their development proposals for the site, provide details of proposed transaction timescales, submit proof of funding and clearly state any due diligence required prior to exchange in their bid submission.
I M P O R TA N T N O T I C E Cushman & Wakefield gives notice to anyone who may read these particulars as follows: 1.These particulars are prepared for the guidance only of prospective purchasers. They are intended to give a fair overall description of the property but are not intended to constitute part of an offer or contract. 2. Any information contained herein (whether in the text, plans or photographs) is given in good faith but should not be relied upon as being a statement or representation of fact. 3. Nothing in these particulars shall be deemed to be a statement that the property is in good condition or otherwise nor that any services or facilities are in good working order. 4 The photographs appearing in this brochure show only certain parts and aspects of the property at the time when the photographs were taken. Certain aspects may have changed since the photographs were taken and it should not be assumed that the property remains precisely as displayed in the photographs. Furthermore no assumptions should be made in respect of parts of the property which are not shown in the photographs. 5. Any areas, measurements or distances referred to herein are approximate only. 6. W here there is reference in these particulars to the fact that alterations have been carried out or that a particular use is made of any part of the property this is not intended to be a statement that any necessary planning, building regulations or other consents have been obtained and these matters must be verified by any intending purchaser. 7. Descriptions of a property are inevitably subjective and the descriptions contained herein are used in good faith as an opinion and not by way of statement of fact. January 2019. 6
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 SAV Development Ltd 34 Dear Sir/Madam,
THE Y BUILDINGS, RAFFORD WAY, BROMLEY BR1 3UH My name is Amy Milton MRICS and I am Head of Estates and Asset Management at London Borough of Bromley. I have been asked to provide factual information to the best of my knowledge in relation to the submission of a lawful development certificate application to establish the lawful use of the Y- Buildings (the Site) as offices (Class E use). I am familiar with the Site and the surrounding area having visited there on many occasions.
The Y-Buildings consist of two three-storey buildings, namely the Joseph Lancaster Building and the Anne Springman Building. Both buildings have been used as offices to accommodate various council departments since 1982 until the Site was vacated in 2012. Both buildings are arranged as small offices off each wing. Some offices are self-contained. Others have been opened up to create an open plan across the wing.
The Joseph Lancaster Building was occupied by the Housing, Social Services and Adoption Departments over three floors of offices. The building has its own reception area on the ground floor. At the time of occupation, members of the public were only allowed to visit the building upon appointment. The building had controlled access through an entry system. Office workers used ID cards for access.
The Anne Springman Building was occupied by Construction, Maintenance, Valuation and Estates; Learning & Development; ACS, Home care, Older Peoples Team; Local Economy & Regeneration, Parks, Recreation and TCM. The building had controlled access and office workers used ID cards for access.
Adjacent to the buildings is a car park that was used by staff as a pay as you go employee parking facility. The car park was extended in the 2000’s to provide parking specifically for the Children and Young People Unit whose offices were in the Y-Buildings.
It is my understanding that both Y-Buildings were used from 1982 solely as administrative offices (Class E use) for various council departments until 2012 when they were vacated. They have remained vacant since this time.
Yours sincerely,
Amy Milton MRICS Head of Estates & Asset Management London Borough of Bromley