Agenda item

RESOLVED that planning permission be REFUSED for the construction of a basement extension with patio to the rear of Flat 1, 2 Algiers Road, SE13, together with construction of a two storey rear extension, on the following grounds:

1. The proposals, by reason of insufficient information had not demonstrated that the proposed excavation of the basement would retain the structural integrity of the host property 2 Algiers Road and adjacent property 4 Algiers Road and therefore amounted to harm to neighbouring occupiers amenity and the Ladywell conservation area, contrary to Policy HC1 'Heritage conservation and growth' of London Plan (March 2021); Policy 15 'High quality design for Lewisham' and Policy 16 'Conservation areas, heritage assets and the historic environment' of the Core Strategy (June 2011); DM Policies 30 'Urban design and local character', Policy 31 'Alterations and extensions to existing buildings including residential extension' and Policy 36 'New development, changes of use and alterations affecting designated heritage assets and their setting: conservation areas, listed buildings, schedule of ancient monuments and registered parks and gardens' of the Development Management Local Plan (November 2014); Section 4.8 Basements of Alterations and Extensions SPD (April 2019); and the provisions of the Ladywell Conservation Area SPD.

2. The proposed basement relied on a single narrow rear window to provide natural ventilation to the basement, therefore in the absence of a scheme of mechanical ventilation, or demonstration that the basement had adequate natural ventilation, the development would fail to provide sufficient natural ventilation to the basement space contrary to Paragraph 130 of the National Planning Policy Framework (2021); Policy 15 'High quality design for Lewisham' of the Core Strategy (June 2011); Policy 30 'Urban design and local character', Policy 31 'Alterations and extensions to existing buildings including residential extensions' of the Development Management Local Plan (November 2014); and the Alterations and Extensions SPD (April 2019).

3.1       The Planning Officer gave an illustrative presentation recommending the refusal of planning permission for the construction of a basement extension with patio to the rear of Flat 1, 2 Algiers Road, SE13, together with construction of a two storey rear extension.

3.2.      The Committee noted the report and that the main issues were:

·         Principle of Development

·         Urban Design

·         Residential Quality

·         Living conditions of neighbours

·         Impact on trees

3.3      A member asked whether there had been any further discussions with the developer about improving the situation after November 2021 when the basement was filled with concrete. The officer had not been the original case officer but said that there had been two subsequent applications whilst the enforcement notice was going through and both applications were refused.

3.4      The applicant did not attend the meeting.

3.5      The first person to make a representation in opposition to the application said that they were the owner of the property above the development. Everything that had been said at the meeting had been positive because the developer had not observed any of the legal obligations with regard to the development. She had been willing to collaborate with the applicant on finding a way forward but he had not been prepared to do this.

3.6      The second person to make a representation said that he objected to the development and agreed with the officers that it should be refused. He made the following points:

·      Principle of Development: As stated in the enforcement notice issued on 11.02.21 the basement proposal “is harmful to the surrounding amenity of this residential area. The creation of a basement flat at this site is considered to be an out of character, incongruent development” It was a grotesque over-development of a viable 1bed garden flat for profit & sets a dangerous precedent.

·      Urban Design: The light wells were out of character and the proposed section indicated that the rear garden was to be extensively excavated below the existing level. This undermined neighbouring properties and had a negative impact on environment and drainage. Works impacting adjoining properties were subject to the Party Wall Act, which the developer had confirmed he would not engage in, just as he also refused to engage in planning and building control until residents’ intervention. There was no acknowledgment of what happens to the illegal underpinning, carried out without Building Control or Structural Engineer’s drawings.

·      Residential Quality: A basement extension would result in sub-standard accommodation. It had clearly been designed as a multiple occupancy. A windowless room disingenuously labelled as a ‘hobby room’ with be marketed as a bedroom to maximise profit.

·      Living conditions of neighbours: The adjoining owners had been subject to unacceptable trespass, nuisance, criminal damage, encroachment & vibration. The upper flat had been rendered uninhabitable & unsellable. Unnecessary and dangerous excavation would delay reinstatement of both properties. The properties needed to be reinstated urgently to bring an end to the unacceptable impact on the upper flat as a viable home, and on the adjoining neighbours.

·      The boundary line was incorrectly drawn on plans to claim ownership of property belonging to No 2A.

·      Impact on Trees – There was no mention in the application of the tree that was illegally removed from the site to enable excavation.

3.7      In conclusion the resident said that this application should not be granted. It represented the pursuit of profit above all else. That included the health, wellbeing, and livelihoods of those unfortunate enough to live alongside this property. Alongside the clear failure to satisfy the key planning considerations, and the appalling way in which the developer had acted to date, there could be no hope that he would undertake the proposed development in a safe and legal manner.

3.8      Councillor Johnston-Franklin said that recognising the situation in which the residents were living, she was pleased that planning officers had been very clear on this particular application. She said that it was unacceptable that residents had to go through the process for the meeting this evening. She hoped that in the future, there would not be any similar applications. 

3.9      In response to a question about whether the applicant had shown any willingness to tidy the site after filling the basement with concrete, a resident said that the applicant had been asked to improve the site which was in a dreadful condition, but he had refused.

3.10    The Committee considered all written documents and the submissions made at the meeting and

RESOLVED that planning permission be REFUSED for the construction of a basement extension with patio to the rear of Flat 1, 2 Algiers Road, SE13, together with construction of a two storey rear extension, on the following grounds:

1. The proposals, by reason of insufficient information had not demonstrated that the proposed excavation of the basement would retain the structural integrity of the host property 2 Algiers Road and adjacent property 4 Algiers Road and therefore amounted to harm to neighbouring occupiers amenity and the Ladywell conservation area, contrary to Policy HC1 'Heritage conservation and growth' of London Plan (March 2021); Policy 15 'High quality design for Lewisham' and Policy 16 'Conservation areas, heritage assets and the historic environment' of the Core Strategy (June 2011); DM Policies 30 'Urban design and local character', Policy 31 'Alterations and extensions to existing buildings including residential extension' and Policy 36 'New development, changes of use and alterations affecting designated heritage assets and their setting: conservation areas, listed buildings, schedule of ancient monuments and registered parks and gardens' of the Development Management Local Plan (November 2014); Section 4.8 Basements of Alterations and Extensions SPD (April 2019); and the provisions of the Ladywell Conservation Area SPD.

2. The proposed basement relied on a single narrow rear window to provide natural ventilation to the basement, therefore in the absence of a scheme of mechanical ventilation, or demonstration that the basement had adequate natural ventilation, the development would fail to provide sufficient natural ventilation to the basement space contrary to Paragraph 130 of the National Planning Policy Framework (2021); Policy 15 'High quality design for Lewisham' of the Core Strategy (June 2011); Policy 30 'Urban design and local character', Policy 31 'Alterations and extensions to existing buildings including residential extensions' of the Development Management Local Plan (November 2014); and the Alterations and Extensions SPD (April 2019).