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This newsletter highlights some key areas of work undertaken by the Planning Enforcement Team and some of its achievements over the winter months of December, January and February. As always, you can find more information about the team’s remit in our ‘Planning enforcement – guide’ and within our Planning Enforcement Protocol. If you have any thoughts or comments in relation to these documents, please do let us know.
In line with government guidance, the key focus of the team is to resolve cases informally and proportionately without recourse to costly, time-consuming formal action. This is how we resolve most of our cases. The team covers four areas, North, East, South and West. The following are examples of cases we’ve concluded this winter.
- North (Bishops, Princes, Oval, Stockwell, Vassall, Coldharbour & Ferndale)
A notice secured the submission of details of a new extraction system and flue at a takeaway on Brixton Road (Ferndale). The notice required the implementation of the approved details and thereby secured the improvement of the external appearance (requiring it to be encased in London-stock brick) and operation of the flue that was harming the amenity of surrounding occupants and adversely impacting upon the Brixton Road Conservation Area.
Compliance was secured with a notice issued with respect to a commercial premises on Brixton Road (Vassall) The notice required compliance with planning conditions restricting the hours of servicing for the premises. Following intervention from planning enforcement officers, the manager took steps to ensure adherence with the conditions and no further complaints were received.
The service of a notice secured compliance with a planning condition attached to a planning permission for a new build development on Monkton Street (Princes). The condition required that a rear facing window be obscure glazed and fixed shut, to protect the amenity and privacy of the adjacent existing neighbouring residences.
An area at the rear of a dwelling on Ferndale Road (Ferndale) was cleared of rubbish and refuse and a broken wooden fence was removed, following interventions by planning enforcement officers. The clearing of the area has had a notable positive impact on the amenity of the area and has discouraged further fly-tipping.
Part of a commercial premises on Wandsworth Road (Stockwell) ceased its unlawful use as an unauthorised sub-standard residence following intervention by planning enforcement officers.
- East (Herne Hill, Tulse Hill, Thurlow Park, Knights Hill and Gipsy Hill)
Following complaints in relation to the poor condition of the premises, planning enforcement officers negotiated the submission and approval of a planning application for the provision of a new hardstanding and associated landscaping and boundary enclosure at a dwelling on Martell Road (Gipsy Hill).
At a residential property on Harpenden Road (Thurlow Park) the unauthorised use as a large substandard House in Multiple Occupation ceased, following intervention by planning enforcement officers. In addition, the property was converted back to a single family dwelling house assisting the stock of housing suitable for families within the borough.
Following the service of a notice, a busy bar and nightclub located on Tulse Hill (Tulse Hill) ceased operation outside of its approved hours as imposed by a planning condition - ensuring that the operation of the premises no longer adversely affected the amenity of nearby properties into the evening.
Planning enforcement officers negotiated the removal of an excessively tall and overbearing length of trellising atop a boundary fence - between the rear gardens of dwellings on Oaks Avenue (Gipsy Hill). The trellis had been attached to the top of the existing boundary fence and was more than three metres high – detrimentally impacting upon the neighbouring garden and property.
- South (Streatham Hill, St Leonard’s, Streatham Wells and Streatham South)
At a residential property on Heybridge Avenue (Streatham South), and through proactive negotiation, the gable end of the premises was rendered and painted to match the existing property - following the erection of a dormer roof extension under permitted development, greatly improving the aesthetic of the premises.
At a property on Ellison Road (Streatham South) negotiations resulted in remedial works being undertaken to an external staircase/platform at the rear of the property. The original rotten staircase was replaced with a staircase with a larger platform at the top which afforded greater overlooking opportunities to the neighbours - and led to a sense of enclosure and loss of sunlight/daylight to the lower ground floor flat. Negotiations resulted in the platform being removed.
On private land at the end of Dorchester Parade, Leigham Court Road (Streatham Wells) negotiations resulted in the swift removal of rubble and debris that was adversely affecting the amenity of the area, and the securing of the land.
Following intervention by planning enforcement officers, a planning application was submitted and subsequently approved for the construction of a new garage building at a car sales yard on Norwood Road (Streatham Hill). The new building provided additional space for the business to expand their auto-detailing services.
At properties along Barcombe Avenue (Streatham Hill), a large number of unauthorised estate agent boards were erected along the boundary of a churchyard, within Leigham Court Estate Conservation Area. Following discussion with the estate agent, the boards were removed from the site.
At a residential property on Ellison Road (Streatham South), an ugly rear box dormer was erected without planning permission, contrary to the planning permission for a mansard roof extension. Following negotiations with the property owner, the unauthorised box dormer was removed and replaced with the mansard roof extension, in line with the planning permission – undoing the visual harm.
- West (Larkhall, Clapham Town, Clapham Common, Brixton Hill and Thornton)
At a residential property on Rectory Grove (Clapham Town) negotiations resulted in the removal of a large satellite dish and all associated fixtures and fittings from the chimney of a handsome listed building, that is also located in the Rectory Grove Conservation Area. The satellite dish was causing harm to the appearance of this heritage asset and the wider area.
At a property on Old Town (Clapham Town) compliance was secured with a notice served on a restaurant seeking compliance with a planning condition in relation to the use of the bi-fold doors. The condition required that they were only opened between the hours of 9am and 8pm every day - but they were being left open later into the evening causing noise and disturbance to the residential properties located above.
At a commercial property on The Polygon (Clapham Town) negotiations resulted in the submission of further details, as required by a planning condition, in relation to fume extraction and filtration. The details were required to be submitted prior to the use of the kitchen to avoid unnecessary nuisance in terms of smells and noise to the surrounding residential units. Since the approval, and implementation, of the details, no further complaints have been received.
At a residential property on Crescent Grove (Clapham Common) negotiations resulted in the removal of unauthorised French doors installed to a listed building. The negotiations effectively resulted in the submission of a planning application proposing the erection of a second-floor side extension – and its approval and implementation resulted in the removal of the unauthorised doors.
Compliance has been secured with a notice served on a property on Clapham Common South Side (Clapham Common) requiring the removal of an extension that had been constructed without the requisite planning permission. The extension overdeveloped the site with poor detailing and construction.
At a property on Welmar Mews (Clapham Common) negotiations resulted in compliance with a notice requiring new windows in a development to be obscure glazed and fixed shut. The failure to comply with the condition was causing harm to the neighbouring property in terms of overlooking.
Where perpetrators are unwilling to resolve a breach of planning control informally in a timely fashion, we often have no choice but to take formal action. This usually involves the service of notices. Over the winter period the team has had to issue several notices.
Breach of (Planning) Conditions Notices:
- were served requiring that several conditions requiring formal discharge of details for a development on Crossford Street (Oval) be complied with. The conditions concerned cycle storage, refuse and recycling provision, external materials, fenestration, roof design, balcony enclosures and BREEAM certification.
- were served with respect to adjacent properties on Richborne Terrace (Oval) concerning the failure to implement privacy screens as approved under a planning permission for the formation of roof level terraces.
- were served requiring the submission of refuse/recycling and cycle storage details for a residential development on Cranfield Close (Gipsy Hill).
- were served on a development on Clapham Common South Side (Clapham Common) seeking compliance with a condition on the permission requiring that all non-road mobile machinery (NRMM) in use on the site be compliant with the NRMM Low Emission Zone requirements and registered for use on the NRMM register. Several audits by the Pan-London NRMM Regulatory Services Partnership found that equipment was being used on site that was not compliant and subjecting residents to unnecessary levels of pollution. The council has been advised that this is the first-time formal action has been taken across London for such a breach of planning control.
Planning Enforcement Notices:
- were served on a residential property on Allnutt Way (Clapham Common) in relation to the unauthorised terrace/amenity space that had been created on the flat roof at the rear of the premises. The notice requires the removal of the unauthorised railings and decking and the removal of the unauthorised doors providing access on to the flat roof. The unauthorised terrace forms an uncharacteristic and incongruous addition, appearing overly dominant and insubordinate to the host building, facilitating unacceptable levels of overlooking of the neighbouring properties thereby unacceptably impacting on their privacy.
- were served on a residential property on Cricklade Avenue (Streatham Hill) requiring the cessation of the unauthorised use of the property as two flats. The flats provide inadequate residential accommodation because of inadequate sized rooms that are not dual aspect and have inadequate daylight/sunlight. The unauthorised conversion results in the loss of a family sized home.
- were issued on a restaurant on Streatham High Road (Streatham South) requiring the removal of the unauthorised fume extraction flues and air-conditioning plant from the rear of the premises.
- were issued at a property on Lewin Road (St Leonards Road) where a residential dwelling has been converted into six substandard self-contained bedsit flats and a small HMO without planning permission – along with the unauthorised erection of a single storey rear extension.
- were issued on a residential property on Andalus Road (Larkhall Ward), requiring the removal of an unauthorised two-storey rear extension. The extension is considered unacceptable due to its close proximity with the rear boundary and impact on neighbouring residents, and its incongruous appearance in relation to the original property.
Listed Building Enforcement Notices:
- were issued with respect to the failure to properly repair a listed wall on St Matthew’s Road (Tulse Hill) that had previously collapsed. The wall was left unfinished and was considered to negatively impact upon the Conservation Area and the special interest of the wall itself.
S215 (Land and Building Tidying) Notices:
- were issued with respect to the poor condition of a commercial premises on Brixton Hill (Tulse Hill). The premises had been left to deteriorate and had also been subject to graffiti - negatively impacting on the Rush Common and Brixton Hill Conservation Area. The notice required that the stonework, render and lead flashings be repaired or replaced and that the premises be repainted.
Where the service of formal notices doesn’t secure the resolution of the breach of planning control, prosecution proceedings are instigated to ‘encourage’ those responsible to resolve the matter and punish them if they don’t. The planning enforcement team have several legal actions ongoing at present – including the following cases resolved over the winter.
Along Streatham High Road (Streatham Wells) two shopfronts had been removed and replaced without planning permission. Notices had been issued with inaction observed in terms of compliance. Prosecutions were instigated which culminated in assurances to the court that the works would be completed within prescribed timeframes – which officers will monitor through to completion.
At a residential property on Sternhold Avenue (Streatham Hill) an unauthorised and incongruous scaffold cowl remained on the roof – and the owner had declined to remove it. Following the service of notices and non-compliance, prosecution proceedings were instigated – and following several court hearings the owners were found guilty and issued with a fine and ordered to pay the council’s costs. The defendant indicated that the works for which the scaffold was initially intended would commence soon – and we will therefore continue to monitor the situation through to resolution.
A lengthy jury trial at the Inner London Crown court was concluded with the owner of a property on Greyhound Lane (Streatham South) acquitted of failing to comply with the requirements of a notice. The notice requires the removal of a large unauthorised roof extension and discontinuance of the unauthorised use of the property as five substandard flats. Whilst the defendant was acquitted, they are nevertheless taking positive steps to secure compliance with the notice by implementing a subsequent grant of planning permission - that requires alterations to the roof extension and the reconfiguration of the premises from five to two flats.
The Planning Enforcement Team
Paul Wilford
Planning Enforcement Manager
Sustainable Growth & Opportunity Directorate
London Borough of Lambeth
Tel: 020 7926 1250
Email: pwilford@lambeth.gov.uk
Web: www.lambeth.gov.uk
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