TO REPRESENTATIONS MADE BY THE
CRYSTAL PALACE CAMPAIGN RE: CRYSTAL PALACE TOP SITE
APPLICATION REF: 99.0155
[ed. reproduced in the notes to the agenda for the 30th March 1999 Development Control Committee meeting]
The officers have given careful consideration to the points raised by the Crystal Palace Campaign and has taken legal advice including that of Counsel.
The officers' response to the points raised by the Campaign are as follows:
1 . Section 2 Access from Anerley Hill - Page 4
The legality of driving an access road and tunnel off Anerley Hill is primarily a matter for the Leisure and Community Services Committee. The officers are, however, satisfied that the power to do this is contained within the statutory provisions relating to Crystal Palace Park, in particular the London County Council (Crystal Palace) Act 1951 and the Bromley London Borough Council (Crystal Palace) Act 1990.
2. Section 3 Architectural Style - Page 5
There is a valid outline planning permission upheld by the Court of Appeal which confirmed that the Council's decision complied with the provisions of Section 4 of the 1990 Act. Relevant extracts from the Court of Appeal Judgement have been included in the legal considerations attached to the Committee report. The Campaign in Paragraph 3. 10 refer to differences between the original Crystal Palace and the present proposals. The evidence and the submissions to the Court of Appeal by the Council and the developers dealt with the similarities between the two buildings. There is no legal reason why the application for details cannot be determined.
3. Section 4 Parliamentary Undertaking - Page 9
The view is taken that the wording of the undertaking is complied with. The applicants state that the elevations consist of approximately 70 75% glass and metal with the balance being stone and other materials. The Campaign advanced the view that the construction of the roof must be taken into account. The Council's approach is that the test is the impact of the building as viewed from normal external vantage points on or near ground level. The overall effect of the building is clearly of glass and metal.
Community use is provided for by Condition 26 on the outline planning permission which provides for an area to be available for public exhibitions and cultural displays. In addition, the other proposed uses themselves have a cultural, educational and community function through the showing of many types of films, the ability to meet and socialise and to enjoy the environment of the surrounding park. Indeed, many of the uses proposed were present in the original Crystal Palace.
4. Section 5 Site of Application - Page 12
The intention to have an access from Anerley Hill has been in the public domain since at least July 1997. Representations about the access were considered in March 1998 when the decision was taken to grant outline planning permission subject to details of the acces being submitted.
Section 72 of the Town and Country Planning Act 1990 authorises the imposition of conditions on the grant of planning permission for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of work on any such land, so far as appears to the local planning authority to be expedient for the purposes of or in connection with the development authorised by the permission. As a result of the legal agreements entered into by the applicant with the Council, it has the necessary "control" over the land to be used as an access from Anerley Hill. The condition was therefore validly imposed.
5. Section 6 The Skyline - Page 13
The effect on the skyline was one of the matters taken into account by Members when granting outline planning permission. The detailed plans show a building of a similar height as that considered at outline stage. There has therefore been no material change in the position, but Members will be recommended to reconsider the point in relation to the details now submitted.
6. Section 7 Traffic - Page 14
This matter was considered at outline stage and was the subject of the legal proceedings in the High Court and the Court of Appeal. All challenges relating to parking/traffic were rejected by both Courts. Condition 14 of the outline planning permission which provides for the provision of no more than 950 car park spaces was upheld.
As explained in the legal considerations attached to the Committee report, it is not now legally open to Members to impose totally new conditions. Members should be aware, however, that a condition already exists relating to a scheme for the management of the car park (Number 28). In addition, the applicant may be prepared to voluntarily take on board some of the suggestions. Members will also note from the report elsewhere on the agenda relating to the Park that it is not now proposed to have toughened grass on the terraces.
7. Section 8 Restaurants - Page 15
Both Leading and Junior Counsel have confirmed that on a proper interpretation of the statutory provisions relating to Crystal Palace Park, it is permissible for the development to have more than one restaurant. The outline planning permission was not conditioned to restrict the number of restaurants.
8. Section 9 Environmental Assessment - Page 27
By Article 12 of 85/337 EC Member States had to take measures to comply with the Directive. This led to the eventual enactment of the Town and Country Planning (Environment Assessment and Unauthorised Development) Regulations 1995 which relate to planning applications and not to reserved matters applications. The environmental effects of the application were carefully considered at the outline stage even though there was no legal requirement to undertake a formal environmental assessment to comply with the Regulations. In any event the Secretary of State did not require such an assessment.