Agenda and minutes

Apologies for absence were received from:

Councillor Toni Mallett          -Councillor Harrry Lister substituted

Councillor Errol Reid            -Councillor Martin Newton substituted

The Chair will consider the admission of any late items of urgent business.  Late items will be considered under the agenda item where they appear.  New items will be dealt with at item 18 below.

No items of Urgent Business were raised.

A member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.

A member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member's judgment of the public interest and if this interest affects their financial position or the financial position of a person or body as described in paragraph 8 of the Code of Conduct and/or if it relates to the determining of any approval, consent, licence, permission or registration in relation to them or any person or body described in paragraph 8 of the Code of Conduct.

The following declarations of interest were made:

Councillor Ali Demirci declared a personal interest with respect to agenda Item 14 as a member of the Alexandra Palace Advisory Board.

Councillor Bob Hare declared a personal and prejudicial interest with respect to agenda Item 14 as a Trustee of the Alexandra Park Board.

Councillor Peacock declared a personal and prejudicial interest with respect to agenda Item 14 as a Trustee of the Alexandra Park Board.

To consider receiving deputations and/or petitions in accordance with Part Four, Section B, Paragraph 29 of the Council’s Constitution.

No Deputations or Petitions were received.

To confirm and sign the Minutes of the Planning Committee held on 9 November 2009.

Councillor Hare noted that conditions agreed by the Committee with respect to planning application HGY/2009/1122, under minute PC75, had not been included.

RESOLVED:

That the minutes of the meeting should be submitted the next meeting for approval.

To advise the Committee on Appeal decisions determined by the Department for Communities and Local Government during October 2009.

The Committee received a report that detailed the outcome of appeal decisions determined by the Department of Communities and Local Government (DCLG) during October 2009.

It was noted that during this period 32% of the appeals considered by the DCLG had been upheld and 68% had been dismissed.

RESOLVED:

That the report be noted.

To inform the Committee of decisions made under delegated powers by the Heads of Development Control (North & South) and the Chair of the above Committee between 19 October 2009 and 15 November 2009.

The Committee received a report that set out decisions made under delegated authority by the Heads of Development Management (North and South) and the Chair of the Planning Committee between 19 October and 15 November 2009.

RESOLVED:

That the report be noted.

To advise the Committee of Performance Statistics for Development Control, Building Control and Planning Enforcement Action since the 9 November Committee meeting.

The Committee received a report that provided an overview of performance against Development Control and Planning targets since the previous meeting, which was held on 9 November 2009.

It was noted that of the one hundred and forty planning applications determined there had been no Major applications submitted. Of the twenty seven Minor applications determined 59% had been determined within eight weeks and 80% of the remainder of the applications had been determined within eight weeks.

The Committee was advised that the report now detailed Building Control performance statistics. This information would be included within all future reports.

The Assistant Director advised that performance on Planning Appeals was steadily improving and it was anticipated that performance would improve further before the end of the year to bring the average figure in line with the national average. He welcomed the inclusion of Building Control performance information and noted that the Member Training programme would be revised to incorporate this next year.

In response to a query from the Chair the Committee was advised that once a prosecution notice had been served the Court issue a summons. If a plea of not guilty was submitted a trial would be held. Where a guilty plea was submitted the individual would be convicted and any mitigating circumstances would be taken into account. However, a conviction did not always lead to compliance and it was often the case that people were prosecuted twice.

It was suggested that where action was taken by the Council to revert unlawful conversions to their previous state this should be publicised to send out the message that the Council would take action against unlawful conversions.

RESOLVED:

1. That the report be noted.

2. That consideration be given by officers as to how action taken to revert unlawful conversions to their original state could be publicised.

Report of the Director of Urban Environment to inform Members on Planning Enforcement performance for the last quarter and service issues.

The Committee considered a report that detailed performance with respect to planning enforcement during the last Quarter.

The Chair noted that the Enforcement Team had recently received a national award for the work undertaken with respect to noise abatement and assisting vulnerable people. The Committee placed on record its congratulation to the Enforcement Team.

In response to a query as how immunity was achieved the Committee was advised that under legislation where either four or ten years had past, immunity was given due to the time that had elapsed. It was confirmed that once an enforcement notice had been issued the ‘clock stopped’.

The Committee was advised that there were currently four permanent Enforcement Officers and one temporary Enforcement Officer.

RESOLVED:

That the report be noted.

To confirm the following Tree Preservation Orders:

1. Land behind 6-26 Beaconsfield Road, N15.

The Committee considered a report that sought confirmation of a Tree Preservation Order against a tree located to the rear of 6-26 Beaconsfield Road, N15.

RESOLVED:

That the Tree Preservation Order be confirmed.

Report of the Assistant Director Planning and Regeneration to remove the requirement for a S256 agreement under the Highways Act attached to the planning permission for the erection of a new four storey mixed use development at the former Park Tavern site, Park Lane, N17 in connection with the exchange of land from highway to private land and to agree to a S38 agreement under the Highways Act 1980 to designate the new footway within the application site as public highway.

The Committee considered a report that sought approval to remove the requirement for a Section 256 Agreement that had been attached to a planning application HGY2008/2220 at the former Park Tavern site, Park Lane, N17. This would be replaced with a Section 38 Agreement to designate the new footway within the application site as a public highway.

The approved plan included twelve parking spaces, eight of which were situated within the development and a further four were on street spaces exclusively for the use of Kingdom Hall.  However, the application approved by the Committee had been on the basis that eight spaces would be used by Kingdom Hall with four on street parking spaces for general parking. As the on street parking was intended for general parking the Section 256 Agreement was no longer required.

The Committee was given an overview of the new parking scheme proposed and it was noted that as no exchange of land was intended the Section 256 Agreement would be replaced by a Section 38 Agreement.

An addendum to the report, which noted that it would be necessary to amend the description of the scheme to accord with the agreed revised plan, reference 08424-110 P3 dated 30 November. Photographs of the site were also tabled.

In response to concerns that there would not be sufficient visibility to allow vehicles turning right from Shelbourne Road the Committee was advised that the sight lines had been assessed and were considered to be sufficient.

RESOLVED:

i.    That the description of the development relating to the redevelopment of Park Tavern, Park Lane, N17, planning application reference HGY2008/2220, be amended to read seventeen car parking spaces, not twenty-two as previously agreed.

ii.  That the original Section 256 Agreement be replaced by a Section 38 Agreement for the reasons set out above.

Retention of the existing structural frame comprising Scotland Green House, rebuilding of the front and rear elevations, adding a fourth storey to the existing building and erection of a new four storey building to the front of the site to provide 42 residential units and one commercial unit.

RECOMMENDATION: Grant permission subject to conditions and/or subject to section 106 Legal Agreement.

The Committee considered a report, previously circulated, which gave details of the application, the applicant’s case, the site and its environment, planning history and all of the relevant planning factors and policies.

The Committee was reminded that the application had previously been rejected, without discussion, on the grounds that there were parking issues that needed to be resolved.

Councillor Harry Lister arrived at 7.40pm and did not take part in the discussion or decision making process with respect to this item.

In response to a query the Committee was advised that the covenant attached to the application, which restricted the transfer or lease of any private market housing unit to the Local Authority, Registered Social Landlord (RSL), was not an approach generally used as it required a degree of cooperation from the applicant to make it viable.

This formed part of the Section 106 Agreement and as the applicant had indicated that they were happy for this to be attached it had been considered appropriate in this case.

It was confirmed that the proposed Car Club would link into the existing network in Haringey and that the cars available could be used by members of the public.

It was requested that the inclusion of Play equipment should sought as part of the landscaping conditions attached to the application.

The Committee viewed the plans and then discussed the merits of the application. It was requested that the colour of the brickwork used should be a darker shade that would be sympathetic to the character of the area and the roof should be of a greater depth to encourage bio diversity.

It was agreed that an Informative should also be attached to the application stating that the materials used for the Social Housing element of the scheme should be the same as those used in the privately owned units.

RESOLVED:

That, subject to the conditions set out below, planning application reference HGY20009/1532, be approved for the reasons set out in the report.

GENERAL

1. The development hereby authorised must be begun not later than the expiration of 3 years from the date of this permission, failing which the permission shall be of no effect.

Reason: This condition is imposed by virtue of the provisions of the Planning & Compulsory Purchase Act 2004 and to prevent the accumulation of unimplemented planning permissions.

2. The development hereby authorised shall be carried out in complete accordance with the plans and specifications submitted to, and approved in writing by the Local Planning Authority.

Reason: In order to ensure the development is carried out in accordance with the approved details and in the interests of amenity.

MATERIAL AND LANDSCAPING

3. Samples of all materials to be used for the external surfaces including balconies of the development shall be submitted to, and approved in writing by, the Local Planning Authority before any development is commenced.  Samples should include sample panels or brick types, windows and a roofing material sample combined with a schedule of the exact product references.

Reason:  ...  view the full minutes text for item 90.

Construction of a new exercise and sports facility on part of the Newlands Playing Field.

RECOMMENDATION: Grant permission subject to conditions.

Prior to the consideration of this item Councillors Demirci, Hare and Paeacock, declared personal and prejudicial interests as Trustees of Alexandra Palace, and withdrew from the Chamber.

Councillor Newton declared a personal interest.

Councillor Dodds, Vice-Chair, took the Chair for this item.

The Committee considered a report, previously circulated, which gave details of the application, the applicant’s case, the site and its environment, planning history and all of the relevant planning factors and policies.

It was noted that there was an error within the report where the size of the area covered by the adiZone was stated as being 6125sq.m, this should have read 625sq.m.

The Committee agreed that given the large number of objectors for this application and that Mr Marr, Chair of the local Conservation Area Committee, should be given a separate two minutes to give his views.

At the invitation of the Chair Mr Marr spoke in objection to the application and members of the Committee then put questions to Mr Marr.

In response to a question Mr Marr advised that the branding and scale of the proposal would be intrusive and that it was not in keeping with the surrounding area. He considered that there were other, more appropriate sites within Alexandra Park where the proposal could be sited.

At the invitation of the Chair, Ms Helen Allen of 79 Boyton Road spoke in objection to the application and members of the Committee then put questions to Ms Allen.

In response to a question as to why she considered that the application would cause Anti Social Behaviour, Ms Allen advised that the nearby car park already attracted youths who often played loud music until the early hours of the morning causing disturbance to local residents. She felt that it was likely that would increase with the introduction of another area where youths could congregate at night.

At the invitation of the Chair Mr Roger Kemp of 14 Newland House spoke in objection to the application.

Councillor Hare spoke in objection to the application as a local resident and a member of Alexandra Park Board. He noted that this was a historic park that did not provide an appropriate setting for what he considered to be an urban scheme. Although he supported the inclusion of such a facility in the Borough he did not feel that this was the appropriate place for it to be located.

Councillor Monica Whyte, Local Ward Member, spoke in objection to the application and she noted that she also represented other Ward Members. She contended that consultation with residents had been poor and that these plans had only come to the attention of many residents when it was drawn to their attention by a neighbour. Councillor Whyte had asked the local Neighbourhood Manager to arrange two public meetings to discuss the application, as the first meeting had been poorly attended.

Councillor Whyte noted that effective consultation was important to achieving buy-in from the local community and noted that despite of  ...  view the full minutes text for item 91.

Demolition of existing structures and erection of two storey building comprising mixed use residential development, to provide 1 commercial unit for A2/B1 use on the ground floor and residential units at ground floor/first floor comprising 6 x two bedroom flats and 1 x one bedroom flat with associated landscaping.

RECOMMENDATION: Grant permission subject to conditions.

This item was withdrawn by the applicant for the following reasons:

Erection of four storey building over 1 basement level comprising parking/storage, with 2 retail units with 4 disabled parking spaces at ground floor level, 2 office units at first floor level and residential units at first, second and third floor levels comprising 16 flats.

RECOMMENDATION: Grant permission subject to conditions and Section 106 agreement.

The Committee considered a report, previously circulated, which gave details of the application, the applicant’s case, the site and its environment, planning history and all of the relevant planning factors and policies.

It was noted that a number of the drawings had been revised and the following references should be amended to read as follows:

153 and 103b were replaced with 105a

106 – 108, 112 – 114 and 116 were replaced with ?

111a was replaced with 111b

105b was replaced with 105a

In response to concerns raised with respect to the number of units offered for Affordable Housing, the Committee was advised that a financial appraisal had been undertaken by officers and the Affordable Housing provision was considered acceptable. The Committee was reminded that the target of 50% Affordable Housing was an average figure to be achieved across all planning applications. Therefore there was flexibility to accept a lower level where this was considered appropriate.

It was noted that one of the three bedroom flats was slightly smaller than the others and there was agreement that if the application were approved a condition should be added to specify that this was the unit offered as Affordable Housing.

It was confirmed that the existing fire escapes would be incorporated into the landscaping scheme.

The Committee discussed the financial appraisal system used and there was agreement that a report should be brought to a future meeting on this.

RESOLVED:

That, subject to the conditions set out below, planning application reference HGY/2009/1593 be approved.

Conditions

1. The development hereby authorised must be begun not later than the expiration of 3 years from the date of this permission, failing which the permission shall be of no effect.

Reason: This condition is imposed by virtue of the provisions of the Planning & Compulsory Purchase Act 2004 and to prevent the accumulation of unimplemented planning permissions.

2. The development hereby authorised shall be carried out in complete accordance with the plans and specifications submitted to, and approved in writing by the Local Planning Authority.

Reason: In order to ensure the development is carried out in accordance with the approved details and in the interests of amenity.

3. Notwithstanding the description of the materials in the application, no development shall be commenced until precise details of the materials to be used in connection with the development hereby permitted have been submitted to, approved in writing by and implemented in accordance with the requirements of the Local Planning Authority.

Reason: In order to retain control over the external appearance of the development in the interest of the visual amenity of the area.

4. Surface water drainage works and source control measures shall be carried out in accordance with details which have been submitted to and approved in writing by the local planning authority before development commences.

Reason: To prevent the increased risk of flooding.

5. The construction works of the development hereby granted shall not be carried out before 0800 or after 1800 hours Monday to Friday  ...  view the full minutes text for item 93.

Demolition of existing building and erection of 4 storey building, double shop unit on ground floor and three floors of residential accommodation above comprising of 6 x two bedroom flats and 3 x one bedroom flats with cycle store to rear.

RECOMMENDATION: Grant permission subject to conditions and Section 106 Agreement.  

The Committee considered a report, previously circulated, which gave details of the application, the applicant’s case, the site and its environment, planning history and all of the relevant planning factors and policies.

It was confirmed that the provision of amenity space on this site was in line with planning policy.

There was agreement that any costs incurred due damage to the public highway as a result of the development should be met by the applicant and that a condition should be attached to this affect if the application were approved.

It was requested that officers also negotiate with the applicant to agree a shade of brick that would be sympathetic to the existing street scene.

RESOLVED:

That, subject to the conditions set out below, planning application reference HGY/2009/1774 be approved.

Conditions:

1. The development hereby authorised must be begun not later than the expiration of 3 years from the date of this permission, failing which the permission shall be of no effect.

Reason: This condition is imposed by virtue of the provisions of the Planning & Compulsory Purchase Act 2004 and to prevent the accumulation of unimplemented planning permissions.

2. The development hereby authorised shall be carried out in complete accordance with the plans and specifications submitted to, and approved in writing by the Local Planning Authority, in particular in accordance with amended plan SSCL 7126/01 Revision A, received 4 December 2009.

Reason: In order to ensure the development is carried out in accordance with the approved details and in the interests of amenity.

Materials, Landscaping

3. Notwithstanding the description of the materials in the application, no development shall be commenced until precise details of the materials to be used in connection with the development hereby permitted have been submitted to, approved in writing by and implemented in accordance with the requirements of the Local Planning Authority.

Reason: In order to retain control over the external appearance of the development in the interest of the visual amenity of the area.

4. Details of a scheme depicting those areas to be treated by means of hard landscaping shall be submitted to, approved in writing by, and implemented in accordance with the approved details. Such a scheme to include a detailed drawing of those areas of the development to be so treated , a schedule of proposed materials and samples to be submitted for written approval on request from the Local Planning Authority.    

Reason: In order to ensure the development has satisfactory landscaped areas in the interests of the visual amenity of the area.    

5. That details of all levels on the site in relation to the surrounding area be submitted and approved by the Local Planning Authority.         

Reason: In order to ensure that any works in conjunction with the permission hereby granted respects the height of adjacent properties through suitable levels on the site.

6. A scheme for the treatment of the surroundings of the proposed development including the planting of trees and/or shrubs shall be submitted to, approved in writing by  ...  view the full minutes text for item 94.

To consider any items admitted at item 2 above.

No new items of Urgent Business were raised.

Monday, 11 January 2010.

It was noted that the date of the next meeting was 11 January 2010.