(L.42) Call-in of Master Plan Application to Bromley Council by Government Office of London - 28 January 2009

GOVERNMENT OFFICE
FOR LONDON

Dear Mr Evans

TOWN AND COUNTRY PLANNING ACT 1990 - SECTION 77
THE TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995
THE TOWN AND COUNTRY PLANNING (DEVELOPMENT PLANS AND CONSULTATION) (DEPARTURES) DIRECTIONS 1999
TOWN AND COUNTRY PLANNING (INQUIRIES PROCEDURE) (ENGLAND) RULES 2000
CRYSTAL PALACE PARK, SE20

1. I am directed by the Secretary of State for Communities and Local Government to refer to the application made by the London Development Agency to the London Borough of Bromley for outline planning permission for the following development on the above land:-

Comprehensive phased scheme for landscaping and improvement of Park comprising demolition of and alterations to existing buildings and structures including removal of existing hard surfaces; changes of use including of part of the caravan site to public open space and museum to park rangers base; erection of new buildings and structures for various uses including museum/park maintenance facilities/ community facility/ information kiosk/ greenhouses/ retail kiosks/ cafes/ toilets/ classroom/ children's nursery/ treetop walk/ college and up to 180 residential dwellings; erection of new regional sports centre including indoor swimming pool; alterations to ground levels with new pedestrian paths/ vehicular access roads/ car park/ highway works/ water features together with associated and ancillary works/ plant and equipment (Ref H(DC)!CE!07!03897).

In her letter of 22 December 2008 the Secretary of State issued a direction pursuant to article 14 of the 1995 Order stating that your Council was not to grant planning permission in respect of the application without specific authorisation.

2. The Secretary of State's policy on call-in is set out in Richard Caborn's statement of 16th June 1999 in reply to a Parliamentary Question tabled by Mr Bill Michie MP. Her policy is to be very selective about calling in planning applications. She will, in general, only take this step if planning issues of more than local importance are involved. Having regard to this policy, the Secretary of State is of the opinion that this application is one that she ought to decide herself because she considers that the proposal may conflict with national and regional policies on important matters. The Secretary of State accordingly directs, under her powers in section 77 of the 1990 Act, that the application shall be referred to her instead of being dealt with by the Council.

3. To consider all the relevant aspects of the proposed development, the Secretary of State' has decided to hold a local inquiry. For the purposes of the 2000 Rules, this letter is the "relevant notice" that an inquiry is to be held and the date of this letter is the "starting date". All the arrangements for holding the inquiry will be made by the Planning Inspectorate in Bristol. They will write to you within the next few days to let you know the name and telephone number of the case officer who will handle the matter. Meanwhile the original application, together with any plans and other documents accompanying them which have not already been supplied to this Office (including any related certificates and correspondence), should now be sent to the following address:-

The Planning Inspectorate
4/03 Kite Wing
Temple Quay House
2 The Square
Temple Quay
Bristol BS1 6PN

Material should be marked for the attention of Mr Gavin Findlay - his telephone number is 0117 372 8918 (fax 0117 372 8181).

4. On the information so far available, the following are matters about which the Secretary of State particularly wishes to be informed for the purposes of her consideration of the applications:

1. the extent to which the proposal is consistent with her policies in Planning Policy Statement 1: Delivering Sustainable Development towards the delivery of sustainable development through the achievement of social cohesion and inclusion, the protection and enhancement of the environment, the prudent use of natural resources, and sustainable economic development; and for the promotion of high quality, inclusive design in terms of function and impact, which takes the opportunities available for improving the character and quality of an area;
   
   
2. the extent to which the proposal is consistent with her policies in Planning Policy Statement 3: Housing to meet the housing requirements of the whole community (including those in need of affordable housing), widen housing opportunity and create mixed communities;
   
   
3. the extent to which the proposal is consistent with her policies in Planning Policy Statement 9: Biodiversity and Geological Conservation to ensure that adequate provision is made for development whilst ensuring effective conservation and enhancement of the diversity;
   
   
4. the extent to which the proposal is consistent with policy in Planning Policy Guidance 15: Planning and the Historic Environment on the protection of buildings listed for their special architectural or historic interest, and their settings; the preservation or enhancement of the character or appearance of conservation areas designated for their special architectural or historic interest; and for the protection of the wider historic environment, including scheduled ancient monuments, World Heritage Sites, historic parks and gardens, historic battlefields, buildings of local importance and trees in conservation areas;
   
   
5. the extent to which the proposal is consistent with her policy in Planning Policy Guidance 17: Planning for Open Space, Sport and Recreation to meet the sport, open space and recreation requirements of the whole community by protecting existing facilities and securing appropriate new provision;
   
   
6. whether the proposal accords with the relevant provisions of Bromley Council's Unitary Development Plan adopted in July 2006;
   
   
7. whether the proposed development accords with the relevant provisions of the London Plan - Spatial Development Strategy for Greater London consolidated with alterations since 2004 (February 2008);
   
   
8. whether any permission should be subject to conditions and, if so, the form they should take; and
   
   
9. any other relevant material planning considerations.

This is to be taken as the Secretary of State's statement under rule 6(12) of the 2000 Rules.

5. In accordance with rule 6(1) and (2), the local planning authority shall ensure that two copies of a statement of case are received by the Secretary of State and one copy has been received by any statutory party as defined in rule 2 within six weeks of the starting date (unless the Planning Inspectorate notifies you otherwise). Your attention is drawn to rule 6(11). The Secretary of State will comply with rule 6(4).

6. The statement of case should contain the full particulars of the case which you propose to put forward at the inquiry and a list of any documents to which you intend to refer or put in as evidence. If you are proposing to give evidence, or call another person to give evidence, at the inquiry by reading a written statement (i.e. proof of evidence), your attention is drawn to rule 13.

7. Your attention is drawn to rules 4 and 6(2), in particular to the requirement upon your Council to inform forthwith the Secretary of State of the names and addresses of any statutory parties.

8. Your attention is also drawn to the provisions in rule 14 of the 2000 Rules that the local planning authority and the applicants shall together prepare an agreed statement of common ground and ensure that a copy is received by the Secretary of State and by any statutory party not less than 4 weeks before the inquiry opens.

9. In pursuance of article 14 of the 1995 Order, the Secretary of State hereby directs the Council not to grant planning permission for any development which is the same kind as that which is the subject of the application referred to above on any land which forms part of, or includes, the site to which the application relates until the Secretary of State has issued her decision on that application.

10. Your attention is drawn to article 18 of the 1995 Order. This requires the Council to serve on the applicant notice of the terms of, and the reasons for, the section 77 direction.

Yours sincerely

PAMELA ROBERTS
East London Plans & Casework Team
Planning and Housing Division

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