Development of a studio built in a garden

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Chunga
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Re: Development of a studio built in a garden

Post by Chunga » Wed Jul 24, 2019 11:27 am

The planner threatened with beheading has sponsored another odd application. This is to demolish a garage. The pumps are long gone, but it still has a large apron. The body-shop behind repairs wrecked cars. It has a big shed of about the same height as the studio. It cost the same around £300,000- but has a far more ground.

The only gardens involved are those of neighbours in the Conservation zone which will be completely overshadowed and overlooked by the planned 5-storey block of flats. This could house 25 flats and gross £16m at current prices. Like the studio plan, it features a dungeon, underneath a basement. This is supposed to house office workers - troglodytes? But as it has a dual carriageway ramp leading down to it, people suspect that metal-working will just go underground.

Three times councillors asked it the plan is for a double basement, as clearly indicated on the project slide. Three times the planner denied this. Double basements are explicitly banned. The audience laughed out loud when the planners said there was no threat to parking or traffic in the tiny cul-de sac behind the building = since they would deny parking permits.

The plan has caused so much hostility that the local MP came to speak against it. It was unanimously rejected by all the councillors except the chairman, but she is new. As for the man whose head is under threat - I can offer no explanation.

ukmicky
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Re: Development of a studio built in a garden

Post by ukmicky » Wed Jul 24, 2019 10:56 pm

.
Double basements are explicitly banned

Basement excavation. The excavation of basements beneath existing or proposed buildings will generally be limited to one storey in depth beneath the original lowest floor level.
Your councils policy from the local plan is above

Generally does not mean always .
What they banned was the use of permitted development basement rights to dig a basement by placing an area wide article 4 direction which requires everyone now to submit a planning application.
Any information provided is not legal advice and you are advised to gain a professional opinion

Chunga
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Re: Development of a studio built in a garden

Post by Chunga » Fri Aug 02, 2019 12:11 pm

The planner claimed that it was not a double basement - but without further explanation. It was clear from the poor diagram that this is exactly what is proposed. The intention of LBH&F following RBK&C is to avoid dungeons underneath existing basements. These are popular in London areas with high land values and restrictions on height. The developer`s claim that it would be used as an office was ridiculed by the audience. No planning authority ever seems to issue a rule that is not in part equivocal.

The matter will doubtless be resolved on appeal.

ukmicky
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Re: Development of a studio built in a garden

Post by ukmicky » Sat Aug 03, 2019 6:16 pm

I know a lot of planners in London through my job and spoke to someone and i believe I know what this development is . Don't worry I wont reveal it but can comment more as I now know more.

I’m not someone who tries to be nice to the degree where I won’t say something as it may be taken badly and upset the recipient as that can do more harm than good. So don’t think any of my previous posts or this one are written with the intention to purposefully annoy you.


Firstly a new application has to be accepted if there is a material change to the plans ,especially if the change could address the reason for a previous application being rejected.


If it’s the right case I’m talking about this case previously went to appeal and the developer lost. The developer lost his appeal as the development would harm the character of the local CA. They did mention that the plans were not tbrilliant but were deemed to be good enough.

The basement or lower ground floor as they put it ,is not an issue with the planners and whilst you may not like the thought of them excavating a basement that is not what is stopping this development . Also whilst them excavating may cause a little grief to the local residents whilst it is being dug conditions can be imposed by the council restricting what hours and days they can perform the work. Also once planning permission is gained the developer will have to serve a notice under the party wall act and the surveyors can place further restrictions should the council not go far enough.

What has prevented this development from being approved is the new raised skylights harming the character of the area from the view of the street. In the appeal they ruled the neighbours would not be harmed due to skylights and overlooking was not an issue as the studio already gained residential rights and there are already skylights in the building.

This developer could get planning permission if he were to think sensible and make appropriate changes to the skylights such as reducing there height above the eves and changing their direction so they don’t open up towards the street and sooner or later this developer will do so and will get his plans approved because all the time he is messing about submitting applications that are being rejected he is losing money.

What you need to concentrate on is the future when he does get planning permission . You need to start reading up on the party wall act so you can protect your interests once the work starts.
Any information provided is not legal advice and you are advised to gain a professional opinion

ukmicky
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Re: Development of a studio built in a garden

Post by ukmicky » Sat Aug 03, 2019 9:22 pm

One more thing I’ve seen the plans (Road it’s on begins with F if I’m correct ) and what I said in a previous post about lower ground levels seems to be the case here and the existing level which is below pavement level wouldn’t in my opinion be classed as a basement ,it would be classed as a lower ground level due to the original layout of the site and therefore if another level was dug out below it would only be a single level basement.


If the council were to go against that he would have a case to challenge it.
Any information provided is not legal advice and you are advised to gain a professional opinion

Chunga
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Re: Development of a studio built in a garden

Post by Chunga » Sun Aug 04, 2019 10:49 am

Thank you.

The planners have turned down one of three applications. They apparently believe that just changing the number of windows creates a new application. This is despite the fact that the numbers of windows given is false.

If you have spoken to the planners, you will know that they detest this applicant.

The planning committee will reject anything which tries to create a new slum in a conservation area.

Chunga
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Re: Development of a studio built in a garden

Post by Chunga » Mon Sep 09, 2019 2:33 pm

Councillors decisively and unanimously rejected the 16th planning application. A motion to seek legal advice on whether Section 70a of the 1990 Town & Country Planning Act was tied. The developer submitted three applications which both he and the planner conceded were very similar.

One was ignored,one rejected and one approved after drawing were slipped in and post-dated only to be rejected by councillors. The council has had to pay £85,000 in legal costs to an objector to another project after acting on bad advice.

One can sympathise with councillors who have to depend upon such unreliable advice.

The microbank Bridge Invest of Berkeley Square which loaned circa £300,000 to a property management company for mere refurbishment must be getting worried.

SwitchRich
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Re: Development of a studio built in a garden

Post by SwitchRich » Tue Sep 10, 2019 9:22 am

I don't really understand much of that last post Chunga. Can you elaborate on what you mean there?

Chunga
Posts: 51
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Re: Development of a studio built in a garden

Post by Chunga » Thu Sep 19, 2019 6:41 pm

The developer after having 15 similar designs rejected is now suing the council. The council is investigating misconceptions within the planning/enforcement/legal departments. Effectively matters are sub judice. So it is prudent not to comment further for a while.

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