What's Happening on Crawthew Grove Project?

[Dulwich Born And Bred]

I completely didn't register the Irish reference but I didn't take it as a racist remark as she said 'some' and they must be Irish for her to refer to them as otherwise.

There are so many different nationalities , accents , etc here that I just take it as standard when describing people . I do the same 'Oh, the lovely Irish lady who lives at number 1 ' ' My Jamaican builder ' even when I am meeting a new person somewhere I will describe how I look as its easier to spot me that way . We ARE all different . We don't need to pretend we are all a neutral colour with a neutral accent who are all loveLy.

They were Irish and some of them swore. I suppose she has been listening to them long enough by now ! I didn't take it as meaning all Irish people swore ! If I said the two Chinese guys next door were fighting , would you assume all Chinese people are violent?

[PaulaBianca]

thanks DulwichBorn&Bred, absolutely agree we should be able to describe people without being accused of racism! And for sure I know as they have been next door for a very long time.... whether or not they are Irish is the least of my worries - its just one more things I have to put up among many! I just pray they will finish this bloody build in the next 6 months.

[worldwiser]

PaulaBianca - perhaps you can pm the details of who you contacted. I shall be more than happy to echo your sentiments. I feel it's a blight on our street and with no obvious need for it. By any measure, their development is massively out of keeping with what are essentially cottages on our street. If they're contravening your PWA agreement, surely the surveyor you appointed can wade in?

This previous thread is relevant: http://www.eastdulwichforum.co.uk/forum/read.php?5,1226336,page=3

Apparently an email was circulated from the council saying the development would be finished by June 2014.

[SteveUK1978]

How a project of this scale on such a small, hard to access plot was ever approved is a disgrace. It's closing in on 2 years now and with another winter coming surely more delays are inevitable. The cost must be enormous which in itself is a worry, if another contractor is bailing out then how is it ever going to complete? Let us know if you hear from the council, will happily add support to any follow up.

[intexasatthe moment]

Maybe draw Southwark's attention ( presumably they have a planning enforcement procedure ) to this condition

" A detailed specification of demolition and construction works at each phase of development including consideration of environmental impacts and the required remedial measures.

Engineering measures, acoustic screening and the provision of sound insulation required mitigating or eliminating specific environmental impacts.

Arrangements for publicity and promotion of the scheme during construction.

A commitment to adopt and implement of the ICE Demolition Protocol and Considerate Contractor Scheme registration.

All demolition and construction work shall be undertaken in strict accordance with the approved management scheme and code of practice, unless otherwise agreed in writing by the Local Planning Authority.

Reason

To ensure that and occupiers of neighbouring premises do not suffer a loss of amenity by reason of pollution and nuisance in accordance with saved policy 3.2 'Protection of amenity' of the Southwark Plan 2007 and SP13 'High environmental standards' of the Core Strategy (2011). "

This condition ,nos 17 ,is given in more detail in the Decision Notice http://planningonline.southwark.gov.uk/DocsOnline/Documents/243799_1.pdf

Oh ,and this bit ( from the officers report http://planningonline.southwark.gov.uk/DocsOnline/Documents/348662_1.pdf ) is good for a laugh

" Concerns raised by neighbours regarding the noise impacts of any excavation works is not a planning matter ,however given the restricted area of the site a construction management plan has been added as a condition of any planning permission to address these concerns ."

Words .Paper . Written on . Worth it . Not .

[PaulaBianca]

Thanks Steve. I totally agree. Am concerned it will drag on until at least the spring... It never should have been approved. I will let you know if I find out more. There has been no work the last few days. It seems perhaps PowerDay and their subcontractors have gone but the new contractor is yet to start.

[PaulaBianca]

thanks worldwiser. I emailed Rosie Shimmell (councillor) James Barber (councillor) Sarah Newman (Environmental Health). I absolutely agree that this scale of development on our street is grossly out of keeping with the kind of cottages. I find it incredible that in 2007 Michael Thomas, who developed my property (70a Crawthew) applied for planning permission for a small flat dormer roof as part of the property, it was turned down due to 'issues of privacy and possible noise disturbance to immediate neighbours'. But just a few years later they approve a 3 storey build, including basement excavation right next door, which they know will be fraught with issues and as SteveUK said, in a such a hard to access place. Thanks for the previous thread. I have the original Schedule of Works which had the project finishing this summer, yes.. the next one had PowerDay finishign 'Phase 1' in August, then that was delayed they say due to concrete deliveries to October.. and we go on. The dark and wet weather is coming and with no roof on, I fear this could go on until next summer.. which would make it 2.5 years of absolute misery.

[PaulaBianca]

Thank you, very interesting..

[intexasatthe moment]

Here we go ,from http://www.southwark.gov.uk/info/200500/planning_enforcement My capitals

"Planning enforcement

Works carried out without permission

Effective planning enforcement is vital to ensuring that planning permissions and consents are correctly implemented and unauthorised developments are remedied.

In order to safeguard the integrity of the planning system, the Council?s Compliance and Monitoring Team has discretionary powers to investigate breaches of planning control. Such breaches include unauthorised building works to listed and other buildings, advertisements, residential conversions, changes of use,NON-COMPLIANCE WITH PLANNING CONDITIONS , untidy land adversely affecting the amenity of an area and unauthorised works carried out to protected trees."

and how to make a complaint

http://www.southwark.gov.uk/info/200500/planning_enforcement/3256/how_to_make_a_complaint

[PaulaBianca]

Thanks intexasatthemoment. This definition seems a bit loose however which make a complaint difficult to highlight a breach. For example:

What constitutes 'Correct implementation'?

What 'Planning Controls' or 'Planing Conditions' were/are in place for this development if any, to begin with?

[MarkT]

PaulaBianca, I think you might find the answers to your questions if you follow the links provided by intexasatthe moment in the previous post.

It might be a productive strategy to go through the 17 planning conditions specifically attached to the approval for this development and quote them in your complaint to the Council's Compliance and Monitoring Team that the approval has not been correctly implemented.

MarkT

[trizza]

My sympathies PB. Noise/disruption is not a planning issue, but you do have potential legal remedies that you should think about exploring given the length of time the project is taking.

See the case here as an (albeit extreme) example: http://www.bailii.org/ew/cases/EWCA/Civ/2011/804.html

You might also want to check to see if you have coverage for your costs of getting advice through the legal expenses cover in your home insurance.

[Mustard]

Is it possible to complain to the Local Government Ombudsman re Southwark's ineptitude, and also write a letter direct to the owner?

[intexasatthe moment]

I think the Ombudsman would require you to exhaust the existing complaints procedure first .

I do think you should complain http://www.southwark.gov.uk/info/200500/planning_enforcement/3256/how_to_make_a_complaint to Southwark that one of the planning conditions ( no 17 ) is not being met .

All the conditions are listed here http://planningonline.southwark.gov.uk/DocsOnline/Documents/243799_1.pdf

[Peckhamrye]

We all know who the owner is - what about a bit of direct liaison?

[Mustard]

If it's been going on for 2 years, has the existing complaints procedure not been exhausted yet? Is it 3 or 4 stages they have? I have twice gone through that procedure against 2 different local authorities and have been successful both times.

[StraferJack]

Re the Irish thing. All I can say is "whoosh"

I wasn't being serious when I ignored years of disruption to highlight two Irishmen swearing... 'Twas meant as a humorous aside

[intexasatthe moment]

Mustard - this thread suggests that various people have been contacted ,councillors ,environmental health etc but no one has said that they've contacted the planning enforcement team .

Someone may have done this and had no luck .In which case I guess the next step would be to make a formal complaint .

http://www.southwark.gov.uk/info/200025/comments_and_complaints/1958/corporate_complaints

[Mustard]

Hopefully the first complaint made would be counted as a stage 1 complaint, perhaps James Barber could clarify.

[StraferJack]

At this point, what will complaining achieve tho?

Look at it from the owners point of view ? you don?t have to like or even be sympathetic to his situation to acknowledge that he is probably way more hacked off than anyone else (not to mention financially ?inconvenienced?) about all of the delay

The project can?t be rolled back

The only way out of this is completion sooner rather than later and there isn?t anyone involved who doesn?t want the same thing

So what will complaining hope to achieve?

[Dulwich Born And Bred]

It would go a long way if the owner could update his neighbours regularly as its their lives it has impacted upon and an apology would be good since his selfishness is the reason for all of this stress .

It should have never been approved . A swimming pool and cinema in that space ?

I would be so apologetic if it were me but I am lucky in that my neighbours always inform me and apologise for any home improvements they undertake and vice versa .

It doesn't look like the owner is improving relation with his neighbours.

[StraferJack]

Well yes all that may be true and understandable

But issuing a formal complaint wouldn't seem to solve any of that

[Dulwich Born And Bred]

I know true but it shouldn't have been approved and maybe those that rubber stamped the plans might get a slapped wrist and the builders told to be more considerate and pull their fingers out? Two years on and someone has to take control and project manage this disaster a bit better .

[david_carnell]

SJ - I'd suggest that it was inappropriate of the owner to think such a project was suitable in that location.

If no one actually bothers to complain, formally or otherwise, then people get away with behaviour and actions that are far beyond impolite but downright anti-social.

If your neighbour built an underground pool, and you had this inconvenience, would you be annoyed at him or the council? I'd suggest the blame is equal at least.

[StraferJack]

"SJ - I'd suggest that it was inappropriate of the owner to think such a project was suitable in that location."

And I would agree with you. I'd be livid if I was in teh neighbours position - but by now it would be too late for complaining to either party I would say (but I do take DB&B point about it possibly preventing a repeat)