|My ref: ENF/10/00324
28th July 2010
East End Homes
1st Floor, 31 Tayside House
& Renewal Mulberry Place (AH) Anchorage House PO Box
55739, 5 Clove Crescent London E14 1BY
Enquiries to: Cain Duncan
Tel 020 7364 3975
Fax 020 7364 5415
Dear Mr Inkpen,
TOWN AND COUNTRY PLANNING ACT 1990
Location: The Eric and Treby Estates. Treby Street. Mile End. London
Breach: Breach of conditions attached to Planning Permission PA/09/02065
Thank you for your letter dated 23rd July 2010. My concern in this case stems from the fact that your contractors have undertaken a significant amount of work on-site without discharging the relevant planning conditions.
I have received numerous complaints from residents who have drawn attention to the fact that the works have taken place in advance of the conditions being discharged and that the works do not accord with the approved plans.
Many of the issues that have been raised were first identified at the time of the application. There has been ample time for these to have been thoroughly investigated and discussed with Officers’ in advance of you submitting approval of detail applications.
I am very conscious that the continued breach of planning control at this site, by a large organisation, undermines public confidence in the planning system and the ability of the Council to properly discharge its function to regulate development in the area.
The aspects of development that are controlled by way of condition are crucial to the future of success of the scheme. The scrutiny given to these matters, by both Officers and the public, plays an important part in helping to promote quality through-out the development.
The information that you have given in your letter is useful, however, there remain some matters that I asked you to address in my letter dated 19th July that are outstanding.
Condition 3 (Land Contamination and Remediation)
I would clarify that the Council has only approved the preliminary Desktop Study’ under planning reference PA/10/1093.
The Council identified shortcomings in the degree of intrusive site investigation, which has been discussed and I understand that the additional submissions will be made in due course.
You remain in breach of this condition as works have commenced on-site.
I would note that any works (i.e. those at Open Space 3 and site 14) that you have carried out in advance of securing all necessary approvals has been undertaken at your own risk.
Condition 4 (Service and Delivery Management Plan).
This document was submitted on 26 June 2010, and is now nearing the end of the consultation period. Officer’s have not agreed to discharge this condition and cannot do so until the consultation responses have been received and analysed.
This condition should be discharged prior to works progressing beyond the foundations stage on any site. You remain in breach of this condition as works on site 14 have progressed beyond the digging of foundations (the foundations have in fact been largely completed). No further works should take place until this condition has been discharged.
Condition 5 (Construction Management Plan)
The need for a very robust Construction Management Plan for this development was identified during the course of the original application and there were always going to be a number of issues that would need to be carefully addressed. The initial submissions were clearly deficient and did not respond to many of the issues that had previously been raised.
I am aware that you have been in discussions with our Highways section over the content of the revised Construction Management Plan and that you expect to submit this document by the end of the week.
Once this document has been received it will be subject to a round of public consultation. I hope that the revised submission responds to the issues that have been raised and that we can move towards a submission that we can approve.
My Enforcement Section is continuing to monitor the site to determine if it is expedient to take action over the continued breach of this condition.
Condition 11 Landscaping / Completion of Landscaping Works at Open Space 3 and 4
I note that landscaping works at Open Space 3 and 4 have been completed in the absence of an approved scheme. I would remind you that in the absence of the Council’s approval these works have been carried out at your own risk.
I note the works do not accord with the approved planning application drawings, in particular you have used tarmac in place of pavior blocks and enlarged the areas of tarmac.
I must advise you that the works you have completed are not acceptable. The Council will expect the final landscaping of these spaces to accord with the detail shown on the approved plans. As you have chosen to bring this element of the development forward at an early stage, I would expect prompt action to bring the development into accordance with the approved plans. Please provide a timetable for the amendment of these areas.
Installation of Temporary Car-Park at Open Space 2
I note your comments that the car-park is to be provided on a temporary basis and that it is to re-provide car-parking lost elsewhere on the estate as a result of the construction process. You have not responded to my request for a specific date when area will revert to open-space, but I assume that if it is linked with the construction works then it won’t be for a considerable period of time.
I have a received a petition containing 55 signatures objecting to the provision of additional car-parking at this location. As things stand this represents a breach of planning control, and as such you should make an immediate application for temporary planning permission to retain the car-parking in this area.
Use of Site 15 for Storage
I note your comments and this is sufficient to conclude the Enforcement Section’s investigation of this matter.
If you would like to discuss any of these matters in more detail please contact me again, however I would emphasis that continuing to undertake works on the site in breach of the conditions of your planning permission is not acceptable and will most likely result in formal enforcement action by the Council.
Head of Planning and Building Control