CVRA – DR Planning Update 20th August 2024
Croydon Planning – Changes Since the Planning Committees Controlled by the Conservatives
Since the local elections on the 5th May 2022 across the South of the Borough there have been 182 planning applications up for decision that have been submitted by developers where the proposal was for the demolition of detached properties to be replaced with up to 9 flats or a mixture of up to 9 units of both flats and houses. Of these 182 applications 137 applications have been refused planning approval under either the Council’s Delegated Authority or at Planning Committee meetings, with another 13 applications having been withdrawn and only 32 applications being approved.
Further since the 5th May 2022 local elections across the South of the Borough there are currently 20 new planning applications submitted by developers for the demolition of detached properties across the South of the Borough which have not yet been determined with 12 applications for houses, 0 applications for a mixture of both flats and houses and only 8 applications for flats.
Suburban Design Guide Supplementary Planning Document SPD2
Following Labour’s removal from power in Croydon in May, the new Conservative administration has been delivering on their planning promises. The hated Suburban Design Guide Supplementary Planning Document SPD2, a developers’ charter, has now been scrapped. Planning decisions are now being properly made after careful examination, instead of simply being waved through by Labour Councillors with no proper thought.
CVRA Local Planning Application Website
As previously mentioned, the above-mentioned application is live and covers all roads and post codes in your Association’s area, it’s available for use by all CVRA residents free of charge. The application is updated weekly with all new and currently outstanding planning application information, as well as having multiple search capability of planning history. Also, if you want to register your email address within the application, you’ll be advised weekly when the Planning Table has been updated, together with a direct link into the application.
The application can be accessed directly from the following web link:
http://www.localplanningapps.co.uk/croydon/cvra/anupdate/planningtable.html
Planning Area A
The Croft, 3 Binfield Road
This planning application is for the demolition of the existing bungalow and replacing it with a pair of semi-detached houses, one a 5 bedroom the other a 3 bedroom, which was Approved under Planning Dept delegated authority on the 10th July 2020. In September 2021 a Section 73 notice was submitted to change the approved plans by removing the inset balconies and amending the forecourt layout and other minor changes, this was approved on the 6th July2022.
The Croft, 3 Binfield Road
This new planning application is an alternative to the above-mentioned application which is already approved but no work has commenced and is for a full width rear extension (19.2 Metres) by 5.3 metres in depth. The proposal has been approved on the 28th February 2023 under General Permitted Development.
15A Campden Road
This planning application is for the development of the land beside 15 Campden Road which has been vacant for a good number of years, although in March 2017 there was a planning approval granted for 5 flats which has now lapsed but did establish a presumption of development on the site. The new proposal is also for 5 flats with 2 parking spaces and as expected this Planning Application was Approved under Planning Dept delegated authority on the 7th August 2020. As a number of discharge notices have now been approved it’s expected that construction will commence shortly.
78 Coombe Road
This planning application is for the demolition of the existing house and the erection of a 3 storey building (facing Coombe Road) with a 2 storey rear element (facing Croham Park Avenue) comprising 8 flats with only 4 off road parking spaces.
Good news, the above-mentioned planning application has been refused by Development Management under their delegated authority on the 18th April 2024.
78A Coombe Road
This new Planning Application has been submitted by Flexistay Ltd to demolish the existing house and replace it with a 3 storey Aparthotel of 12 units. Further the recent refused planning application at the next door property at 78 Coombe Road to demolish the house and replace it with a building of 8 flats submitted by Oasis CP Projects Ltd, this company shares at least one common directorship with Flexistay Ltd. There have been 35 local resident objections to this application with your Residents’ Association also objecting and one of our local Councillors has raised a referral.
80 Croham Road
This planning application is for the demolition of the existing house and the erection of two buildings, one of 6 flats with 3 parking bays the other for a terrace of 3 houses with 3 parking bays which by virtue of its bulk, mass and poor design will create an overbearing incompatible development. This follows the withdrawal of an earlier application for 2 buildings comprising of a total of 9 flats. The owner of this property has already paid for Planning Pre-Application advice from the Planning Department. This application went before the Planning Committee on the 22nd April 2021 at which it was approved. There’re Whitgift Educational Foundation Restrictive Covenants on this property. Also, the site has gone up for sale with Foxtons for £2.5 million. I’ve drafted letters for the surrounding residents to send to both the owner of 80 Croham Road and Foxtons, these letters put both parties on notice of the Restrictive Covenants, also reserving the right to take necessary further measures to protect their interests in this connection. Subsequently the property was then being marketed with Appleton Estates at the reduced figure of £1.8 million and was initially under offer. Again, a number of nearby residents have sent similar letters to those mentioned earlier. Property listed again with Appleton Estates at a reduced figure of £1.6 million and is now under offer. This latest offer appears to have fallen through as the site is now being listed for sale with Connect UK at a reduced guide price of £1.2 million and is now subsequently Sold STC. The agent on behalf of Alim Properties submitted a Construction Logistics Plan (CLP) on the 16th May 2022 which has been subsequently been refused under the Planning Dept delegated authority as it was not satisfactory in a number of aspects.
Melville Avenue, Old Palace of John Whitgift School
It has just been announced that the school will close permanently in August 2025 as the school has been struggling financially for many years, and the Foundation has supported the school from its general reserves in the expectation that the financial situation would improve at some point. There will be concern over the potential development of this large site. Recently announced that the school will now close a year earlier in July 2024.
June 2024 – The school has just written to the properties surrounding the school to advise them that the Whitgift Foundation will soon be offering the site in Melville Avenue for sale on the open market with the process is expected to last 18 months which will ultimately mean that the site will be developed. The school further advised that once the school term ends the Whitgift Foundation will be retaining security presence on the site and have engaged vacant property experts to ensure it remains secure.
At the end of term the Old Palace School site has been put up for sale at £7.5 million, see the below link on Rightmove:
https://www.rightmove.co.uk/properties/150391475#/?channel=COM_BUY
Our Chair Jeremy Gill contacted the Whitgift Foundation:
Details of call with Helen Gough, Director of Property for the Whitgift Foundation
I sent a mail to the Whitgift Foundation saying some residents wanted to have a meeting about the covenants I received a reply from Helen Gough suggesting we had a chat. So I called.
I said that we, the residents of the Croham Park Estate (the land sold by the Whitgift Foundation to Donald Young in October 1905 comprising Castlemaine, Melville, Pilgrims Way and the parts of Coombe and Croham between them);
– were aware of the restrictive covenants on the land
– believed them to be still relevant as the nature of the core of the estate has not changed significantly.
– would like any purchaser to take into account our views whilst making plans for the site.
– we were happy to be relatively flexible.
Helen said the following;
– the WF had taken extensive legal advice regarding the covenant without giving any indication as to what that advice was.
– our concerns would be passed onto any potential buyers of the site and she was sure they would want to get in contact in due course.
– in fairness to remaining pupils the marketing of the site will only progress after the Summer Term finishes
– the main outcome for the WH was to maximise the benefit for the WF, this was not necessarily the same as maximising sale proceeds.
– they had not ruled out selling to another educational organisation
Helen said that the WF were logging all interaction with interested parties. She gave an example of a call to the WF expressing concern about the retention of the stained glass windows in one of the buildings.
I propose we do nothing more for now (except to ask the Council for TPOs). The WH knows we are concerned and are aware of the covenants. They will pass on our concerns to any purchaser.
Planning Area B
Land the Rear of Roselea Cottage, Ballards Farm Road
This new planning application has been submitted by the owners of this house for the construction of a granny annexe in the rear garden with the main house having had considerable extensions.
This so-called granny annexe will in all probability not be for the reasons stated in the application but will be to establish further rental accommodation for students (one can only guess how many students might be in this proposed outbuilding) and the house may potentially become a HMO. This is based upon that at least two double rooms, in the existing house were recently being advertised for rent for students, advert as follows:
“There are two double rooms available in a beautiful detached house, located in a quiet area surrounded by woods and trees. The property has one big living room, a spacious conservatory, 3 bathrooms and one modern kitchen for tenants to share. The friendly and easy-going landlord live in the extension part of the house separating from the rented space, so you can enjoy your privacy and at the same time get help from the landlord easily when it is necessary. The house has a very big garden where you can play basketball or have barbecue during your free time. It is 5-10 minutes walk to the nearest bus station and it takes you 10-15minutes to East Croydon station”. The good news is that the application was refused under the Planning Dept delegated authority on the 6th July 2023.
Since this refusal there has been a lot of work going in the rear garden of this property with large lorries both delivering / removing waste with trees taken down, such that 5 neighbouring residents have complained, I’ve asked planning enforcement to check this out, particularly as there are tree preservation orders (TPO’s) on 7 trees in the rear garden.
Coombe Lane, Royal Russell School
This new planning application is for the demolition of existing Junior School with the erection of replacement Junior School including Multi-Use Games Area, sports pitch, play and landscaped areas, access and plant, and other associated works. This application was approved 20th June 2024.
5 Croham Valley Road
Planning approval was granted on the 27th February 2020 at the Planning Committee meeting for the demolition of the existing house and the erection two blocks of 3 houses with accommodation in the roof spaces. One block will front on to Croham Valley Road being 4 floors 4 bedroom houses with only 2 parking bays, the other block will front on to Ballards Farm Road being 3 floor 3 bedroom houses with 2 parking bays. Construction of the shell of the terrace of houses fronting on to Ballards Farm Road is complete with the terrace of house fronting on to Croham Valley Road having the shell of the houses almost completed for a 3 storey building.
At the same time Sterling Rose continue to try to change the design of the 3 houses fronting Croham Valley Road from 4 floors to 3 floor houses and a changed layout and to what we consider to be a better appearance but have not been successful in obtaining approval up to now and are on their third attempt of trying to get the change approved as a non material change which of course it isn’t.
The latest supposed non material change was refused on the 17th September 2021 which will give Sterling Rose a major problem as they’ve completed construction is based upon a 3 storey building of a different design and not the 4 storey building that was approved. This has the potential to be another 54 Arkwright Road situation – see later entry under CARA. As a result of asking Planning Enforcement to look into this, they’ve advised that Sterling Rose will now have to submit a new planning application to try to get retrospective planning approval, which has now been submitted under a Section 73a Minor Material Amendment (Retrospective), plus they also want to remove the planning approval condition of yellow lines on this part of Croham Valley Road as they’re only permitted to have two parking spaces. There have been 26 objections including the CVRA and a Councillor referral to this retrospective application.
Land R/O 35 and 37 Croham Valley Road – Fronting on to Ballards Rise
The above-mentioned outline planning application that’s currently pending approval, however the developer Silverleaf has also submitted another new outline planning application on the very same site for the erection of 2 two storey buildings with accommodation in the roof spaces comprising of a total of 4 large semi-detached houses with the provision of 6 parking spaces. The alternative proposal is almost the same size as the one for 8 flats and will add 15 bedrooms and potentially 24 persons, the same objection reasons apply equally to this alternative new application. More details as regards the Restrictive Covenants are in the prior item above.
This application went before the Planning Sub-Committee on the 11th August 2022 and was refused permission with three Labour Councillors voting in favour of approval and three Conservative Councillors voting against approval with the Conservative Chair using his Casting vote to refuse. I spoke as an Objector in person at the meeting on behalf of the CVRA and the local residents, as did our ward Councillor Michael Neal. The developer Silverleaf has on the 28th October 2022 lodged an Appeal against refusal of the planning permission, which has subsequently been validated in December 2022; this appeal will now be decided upon by the Planning Inspectorate in Bristol. The Appeal is now in progress. Unfortunately, the Appeal was allowed on the 23rd August 2023. However, on both the land at 35 and 37 Croham Valley Road there are the Walton Heath Land Company Limited Restrictive Covenants that restrict the land to not more than one dwellinghouse. The validity of the Walton Heath Land Company Limited Restrictive Covenants and the class of neighbours entitled to benefit from it was tested in the Court Case Whitgift Homes Ltd & Ors v Pauline Stocks & Ors where similar Restrictive Covenants was upheld which legally prevented development on the land at 14 and 16 Ruffetts Close.
Croham Valley Road – Lower Part Where There’s Been All the Construction
Numerous residents have complained about blocking of the road with all the construction workers vehicles being parked on both sides of the road – some residents want double yellow line along the whole road, other have complained to our Councillors. Although all construction is complete there are now a good number of cars now parking on both sides of the road causing obstruction, particularly in the rush hour..
Planning Area C
11 Chapel View
This new planning application is for the erection of a very large outbuilding in the rear garden measuring 9 metres by 9 metres for use as a gym / office and has in all probability the potential to never be used for the purpose indicated on the planning application based upon the owners track record at this property of letting rooms out. The owner of this property is currently advertising multi rooms of accommodation on Airbnb at this property; this proposed structure will in all probability be used for this very purpose.
It now seems that under this type of application residents cannot make objections with the following statement on the Councils online planning site:
This notifies the Council of proposed work or development not needing its permission. The Council will not be approving or refusing the proposal, so comments are not invited.
This is totally unacceptable; I’ve sent an email to both the case officer and the head of Development Management expressing concerns that a structure of this size doesn’t need planning approval and also the very real concerns over the future use of this outbuilding with the probably renting out of rooms.
The good news is that the Council has refused a Certificate of Lawful Use or Development on the 10th January 2024 for the following reasons:
No justification has been provided to demonstrate that the size and use of these rooms are genuinely or reasonably required for the purposes stated. It is therefore considered that the applicant has failed to demonstrate, on the balance of probability, that an outbuilding of this size and scale is reasonably required for purposes incidental to the enjoyment of the existing dwellinghouse, contrary to the criteria of Paragraph E (a) of Class E, Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).
Subsequently the owner has now submitted in February 2024 another planning application under a Certificate of Lawful Use or Development for a large outbuilding this time to be used supposedly as a gym albeit somewhat smaller in size being 7.55 metres by 6.5 metres. Again I’ve sent an email to both the case officer and the head of Development Management expressing concerns that a structure of this size doesn’t need planning approval and also the very real concerns over the future use of this outbuilding with the probably renting out of this building. The bad news is that the Council have approved this latest application on the 18th April 2024.
142 Croham Valley Road
Residents have raised an issue that the owners of this semi-detached bungalow are running an Indian take away business from a building in their rear garden which has resulted in vermin including rats. I’ve advised the residents to contact Environmental Services which has been done, also there are bound to be Health and Safety issues. An inspector did visit the property; however the owners said that they were no longer running the take away business from there. Subsequently they have started cooking again on a more limited basis. Nearby residents are keeping a close eye on this matter.
46 The Gallop
I’m advising you of yet another new planning application on this site by the same developer for the partial demolition and extensions to the existing bungalow upwards and to the side and rear to create one 3 bedroom dwelling and one 5 bedroom dwelling, effectively a pair of semi-detached houses in a two storey building with also accommodation in the roof space with one parking spaces for each house. The developer already has obtained planning approval on this same site for a pair of semi-detached houses of one 3 Bedroom and one 2 bedroom as detailed below. There’s concern that both proposed semi-detached houses have studies, in the 3 bedroom property it’s on the 2nd floor which could easily be a bedroom potentially making this a 4 bedroom property, in the 5 bedroom property the study is on the ground floor but unusually there’s a full bathroom next to this study which could easily be a bedroom potentially making this a 6 bedroom property. There have been 28 objections and the CVRA has asked for this application to be referred to the Planning Committee for decision. At the Planning Sub-Committee meeting on the 14th September 2023 the application was approved in spite of David Rutherford speaking on behalf of the CVRA and the local residents as an objector as did our local Councillor Robert Ward. 5 new discharge notices have been submitted that are currently pending for the construction of this application which have subsequently been approved on the 20th December 2023. Most of the work converting the single storey bungalow into a pair of semi-detached houses has been completed with the houses are already being marketed. Discharge of Condition Notices 10 (electric vehicle charging points) and Condition 11 (external energy generation measures) were not approved on the 9th August 2024.
1 The Ruffetts
This new planning application is for the erection of a pair of two storey 3 bedroom semi-detached houses plus accommodation in the roof space to the rear of the existing property 1 The Ruffetts. Strangely part of the roof space has a room allocated as being a writing area but could easily be another bedroom meaning in reality it’s a pair of 4 bedroom houses. Of further concern is that this proposed development borders directly on to the approved development in the rear garden of 55 Crest Road for a terrace of 4 houses. There have been 46 resident objections to this application plus the CVRA and a Councillor referral. This planning application was heard at the Planning Sub Committee on the 1st December 2022 where David Rutherford spoke as an objector on behalf of the Croham Valley Residents Association (CVRA) and the local resident objectors as did our local Councillor Robert Ward, unfortunately the Sub Committee approved the application by a vote of 3 to 2 with one abstention. Subsequently the site with the planning approval for the pair of semi-detached houses in the rear garden plus the original host property has been put up for sale at £1050K this month. Discharge notices were submitted on the 10th March 2023 which were refused permission. Three amended discharge notices were submitted on the 4th July 2023 which have subsequently been approved and a further discharge notice was approved on the 20th December 2023. Most of the work has now been completed with the houses are already being marketed.
1 The Ruffetts
There are a couple of new applications as regards the existing detached property for the demolition of existing extensions and the erection of a new single storey rear extension and the erection of a single storey side extension. The single storey rear extension was approved on the 1st December 2023 with the single storey side extension being refused on the 24th November 2023.
29 The Ruffetts
The owner of this property continues to be a problem in that the approval obtained for the erection of a single / two storey front /side / rear extensions in December 2020, however it has not been built in accordance with the approved plans hence there has been the need for a new retrospective planning application, which many local residents are against, there have been 39 resident objections to this retrospective application, as they would like it built in accordance with the original approval. The owner of this property has now amended the plans in the proposed retrospective planning application which is all about the owner of this property building what he wants and not what was approved and expecting to get approval after the event which is totally unacceptable and as a result of this having to go out for further comments there are now 78 objections. The bad news is that at the Planning Sub-Committee on the 3rd August 2023 that the Committee approved the retrospective planning application in spite of David Rutherford speaking on behalf of the CVRA and the local residents as an objector as did our local Councillor Robert Ward. Further the owner of this property has now started construction of a large brick built outbuilding in the rear garden without any planning approval which has been reported to Development Management in order that hopefully Planning Enforcement officer will visit the property.
Planning Other
Restrictive Covenants
The following properties have either planning approval but not yet developed or have pending planning applications that are awaiting decision or are being prepared for the submission of planning applications. All of these properties have Restrictive Covenants that restrict the sites to either only having one dwelling either detached or semi-detached and if enforced could potentially stop the sites being developed. However restrictive covenants are a complicated legal business and can only be enforced by properties under the Touch and Concern rule (nearby but don’t have to necessarily physically adjoin) unless it can be proved that it was a Building Scheme. Also taking legal action to enforce covenants can be expensive plus there’s always the risk that a developer might appeal the decision which would further add to the costs. A potential cheaper alternative is to take out an Injunction to enforce the Restrictive Covenant. Meanwhile we’re letting affected residents write to the developers making them aware of the Restrictive Covenants, reserving the right taking further action if they’re going to proceed with the development in the hope they will walk away. Jeremy has investigated using the legal cover one has with many household insurance policies, the indication from his insurer was positive but one would need to be certain if one was to go down this route:
- 80 Croham Road Whitgift Educational Foundation
- 35 Croham Valley Road The Walton Heath Land Company Ltd
- 37 Croham Valley Road The Walton Heath Land Company Ltd
Croydon Alliance of Residents’ Associations (CARA)
The Croydon Alliance of Residents’ Associations (CARA) was set up three years ago and have held a number of Zoom Meetings which has been very useful with sharing information with a number of interesting things coming out these meetings and subsequent email exchanges across the Group.
Croydon Local Plan Review
Due to be adopted in 2022, the review will update the vision and strategy for Croydon’s growth up to 2039 and set out how the council will continue to deliver much-needed new homes, jobs and community facilities.
The first stage of the review was to gain feedback from the community with a period of consultation referred to as the Issues and Options consultation. This took place between November 2019 and January 2020 and is now closed.
All representations made during the consultation period are now being reviewed and will be used by the Spatial Plan to shape the Local Plan Review Preferred Option.
The Preferred Option will be published during a second period of consultation late 2020. At this time a summary of what we heard during the Issues and Options consultation and the subsequent decisions that have been actioned will also be published.
The Local Plan Review was to be submitted to the Planning Inspectorate for Examination early in 2021 and adopted in early 2022 but there’s slippage on the dates.
However, as a result of now having a hung Council and a newly elected Conservative Democratically Elected Mayor, the local plan review will for sure be revisited.
Further information on the status of the review will be uploaded on to the Council site as the programme continues.
Croydon – Local Plan Partial Review – Call for Evidence on Local Green Spaces
Only site within our area that was under this category is The Ruffet, which many residents provided information back to the Council on why this site should have some level of protection to safeguard it from potential development. We’re still waiting to hear if this has been successful.
