12 The Ridge Way + the judgment in "Choiceplace"
Dear Croydon Borough Council,
On 15 July 2021, I emailed the Council's Planning Enforcement officers regarding non-compliance with drawings approved under planning application 18/05896/FUL:
"The front elevation as shown on approved drawing 104RevD, indicates that the finished ground floors of no.12 and the neighbouring properties at nos.10 and 14, were and would remain the same level. That is not the case! ‘As built’, the finished ground floor level of the new building could be at least 1 metre higher than the ground floor level of no.10."
On 16 July 2021, I submitted a Petition (47 names) including the same words, regarding planning application 21/03404/CONR. On 19 July 2021, that Petition was resubmitted, now with 118 names.
On 11 August 2021, I emailed the Head of Development Management (Nicola Townsend , with copy to Heather Cheesbrough), referring to a recent judgment in the High Court and specifically to paragraph 25:
"... there is no reason why the depicted heights of the existing buildings should be regarded as illustrative or somehow excluded from the requirements of condition 1 on the planning consent. As was pointed out during the course of argument, a relationship between a proposed development and the existing height of either adjacent structures or indeed adjacent ground levels is a matter to be accurately depicted on plans accompanying planning permission for good reason. It is at the very least to be assumed to be an accurate depiction, in the absence of any specific text on the drawing indicating that elements of it are not to scale. ..."
Choiceplace Properties Ltd v Secretary of State for Housing Communities And Local Government [2021] EWHC 1070 (Admin) ["Choiceplace"]
The Petition was published sometime after this, but backdated to 23 July 2021 and showing just 48 names.
27 months after validation, planning application 21/03404/CONR remains undetermined.
I now note from information disclosed following an earlier request**, that on 5 April 2023 someone from Stonebuild Developments wrote to the case officer (Caroline Southall) and copied to Louise Tucker and John Penn MSc, "We ... would like to request clarification on the reasons why we are required to submit a Section 74A application ... . We have previously demonstrated that our case is not similar to the Choice Place (sic) case ...".
https://www.whatdotheyknow.com/request/1... **
Residents would like to know WHY the Applicant believed that the legal implications of the FABRICATION within the street elevations approved as part of application 18/05896/FUL are 'not similar' to those adjudged to result from the discrepancies discovered in Choiceplace, and WHY (and WHEN) the Council's 'senior management' finally decided that there MUST be a s73A application in this case.
A s73A (retrospective) application ( 23/01763/FUL) was submitted on 5 May 2023.
+++ Please provide COPIES of any information, including (previous or later) correspondence between the Council (including councillors) and the Applicant (and/or their representatives), about Choiceplace as it relates to the development at 12 The Ridge Way.
Yours faithfully,
Stephen Whiteside
Information Team Croydon
Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House
7th Floor, Zone B
Croydon
CR0 1EA
Contact: Information Team
[Croydon Borough Council request email]
NOTE: Please do not edit the subject line when replying to this email. If
you have a processing request, please ensure you quote that reference in
your emails to us.
Dear Stephen Whiteside
Freedom of information request - FOI/8400
Subject: FOI - 12 The Ridge Way + the judgment in "Choiceplace"
Your request is being considered and you will receive a response within
the statutory timescale of 20 working days, subject to the application of
any exemptions. Where consideration is being given to exemptions the 20
working day timescale may be extended to a period considered reasonable
depending on the nature and circumstances of your request. In such cases
you will be notified and, where possible, a revised time-scale will be
indicated. In all cases we shall attempt to deal with your request at the
earliest opportunity.
If we are unable to provide you with the information requested we will
notify you of this together with the reason(s) why, and details of how you
may appeal.
Please note that the directorate team may contact you for further
information where we believe that the request is not significantly clear
for us to respond fully.
Kind Regard
Information Management Team
Croydon Digital Services
Assistant Chief Executive Directorate
7th Floor, Zone B
Bernard Weatherill House
8 Mint Walk
Croydon CR0 1EA
Dear Croydon Borough Council,
Your Ref: FOI/8400
By law, the authority should normally have responded promptly and by 26 October 2023 at the latest.
Please provide all the information requested, without further undue delay. If I do not receive the information by 2 November 2023, I will ask the Information Commissioner to intervene.
Yours faithfully,
Stephen Whiteside
Dear Mr Whiteside, apologies for the late reply.
The information requested is awaiting sign off from the Planning service as per internal procedures but due to half term leave etc there has been delays.
We aim to get this to you next week however, so once again, we apologise for any inconvenience this may cause you.
Kind regards,
Information Team
Croydon Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House,
Mint Walk,
Croydon,
CR0 1EA
[Croydon Borough Council request email]
[email address]
Information Team Croydon
Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House
7th Floor, Zone B
Croydon
CR0 1EA
Contact: Information Team
[Croydon Borough Council request email]
Dear Stephen Whiteside
Request FOI/8400
Environmental Information Regulations 2004
Your request has been considered under the provisions of the Environmental
Information Regulations 2004. Please accept our apologies for the delay in
responding to you. Specifically, you have requested the following
information:
“Please provide COPIES of any information, including (previous or later)
correspondence between the Council (including councillors) and the
Applicant (and/or their representatives), about Choiceplace as it relates
to the development at 12 The Ridge Way”.
Please find attached the requested information. Some information has been
redacted as it held information relating to individuals. Personal data is
exempt from disclosure under Regulations 12(3) and 13 of the Environmental
Information Regulations 2004
It is important to remember that when information is released under the
Environmental Information Regulations 2004, it is considered released to
the wider public. Any such disclosure of personal information would not be
compliant with the provisions of the General Data Protection Regulations
2018.
The Council publishes Access to Information requests and responses on its
online Disclosure Log. (Any request included within this log will be
anonymised appropriately)
To view the Council’s Disclosure Log, please visit our website available
here:
[1]The Freedom of Information (FOI) Act | Croydon Council
(disclosure-log.co.uk)
If you are dissatisfied with the way the council has handled your request
under the Environmental Information Regulations you may ask for an
internal review. This should be submitted to us within 40 working days of
this response. You can do this by outlining the details of your complaint
by:
Email: [2][Croydon Borough Council request email]
Writing: Information Team
London Borough of Croydon
Bernard Weatherill House
3^rd Floor - Zone E
8 Mint Walk
Croydon CR0 1EA
Any requests received after the 40 working day time limit will be
considered only at the discretion of the council.
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Yours sincerely
Croydon Council
References
Visible links
1. https://croydon.disclosure-log.co.uk/
2. mailto:[Croydon Borough Council request email]
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.
Donate Now