Agenda and minutes

Apologies for absence were received from Councillor Mallett and Councillor Lister substituted for her.

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 received.

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.

With respect to agenda Item 13 Councillor Peacock noted the applicant had attended her Ward surgery and asked her to pass on correspondence to Planning Officers, which she had done.

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 Committees held on 9November 2009 and 7 December 2009.

RESOLVED:

1. That, subject to the point raised by Councillor Hare being resolved, the minutes of the meeting held on 9 November 2009 be confirmed as a correct record (these would be signed by the Chair once Councillor Hare’s point had been clarified).

2. That the minutes of the meeting held on 7 December 2009 be confirmed as a correct record.

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

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

It was noted that page forty-four of the report should have referred to November rather than September as stated.

The Committee was advised that of the fourteen appeal decisions determined by the DCLG during November one had been allowed and thirteen 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 16 November and 13 December 2009.

The Committee considered a report that set out the decisions made under delegated authority by the Heads of Development Management (North and South) and the Chair of the Planning Committee between 16 November and 13 December 2009.

RESOLVED:

That the report be noted. 

To advise the Committee of Performance Statistics for Development Control and Planning Enforcement Actions since the 7December Committee meeting.

The Committee considered a report that provided an overview of performance statistics for Development Control and Planning Enforcement Actions since the previous meeting on 7 December 2009.

RESOLVED:

That the report be noted.

To advise and obtain Members agreement to an amendment to the dwelling mix contained in the description of development for a residential scheme (reference HGY/2009/0219) which was considered by Planning Committee on 11 May 2009. The amendment is to bring the description in line with the dwelling mix shown on the plans viewed by the Committee at that meeting.

The Committee considered a report that sought agreement to an amendment to a scheme that had been approved by the Committee on 11 May 2009. This was necessary as details with respect to the dwelling mix, presented in the amended plan considered by the Committee, pertained to the plans originally submitted rather than the amended version.

The Committee was advised that this had a minimal impact upon the level of Affordable Housing achieved on the site with 39.5% now being achieved rather than 40% as originally stated.

In response to a query the Committee was advised that a ‘Three Dragon’ appraisal, which assessed the value of the site in terms of the provision of Affordable Housing, had been undertaken and that the 0.5% drop in the level of Affordable Housing did not represent a significant departure from this.

RESOLVED:

1. That the report be noted.

2. That the dwelling mix of the proposed fifty-six dwelling units on the former Hornsey Central Hospital Nurses Home site at 23 x 1 bedroom, 18 x 2 bedroom, 13 x 3 bedroom and 2 x 4 bedroom, in accordance with drawings ref P100 Rev B, P101 to P104 Rev A.

To assist the delivery of additional affordable homes at Hale Village, Tottenham Hale. This report seeks approval to varying the terms of the section 106 agreement to provide for the increased number of affordable homes now granted planning permission to clarify the maximum liability on Newlon Housing Trust for specific section 106 payments and other consequential amendments. This is to facilitate the financial restructuring required to enable construction works on the site to continue and that will include, in the first phases of development, delivering over 500 new affordable homes, offices, and space for a health centre.

RECOMMENDATION: To vary the terms of the section 106 Legal Agreement dated 9 October 2007 relating to Hale Village, Ferry Lane, N17.

The Committee considered a report that sought approval to vary the Section 106 Agreement (S106) attached to the Hale Village scheme.

The Committee was advised that a variation to the S106 was required in order to assist in the delivery of Affordable Housing on the site. The variation proposed would increase the level of Affordable Housing by a further two hundred and thirty-four units, which equated to a total of 52% across the whole site.

In order to secure the Homes and Communities Agency (HCA) investment and the lease of the additional blocks by Newlon Housing Trust, it was proposed that the S106 should be varied to limit the  maximum liability placed on the Newlon Housing Trust to those areas where work had commenced.

The Committee was advised that the proposal put forward did expose the Council to an element of risk; however, on balance the risk of jeopardising the scheme by not taking these measures was considered to be higher.

In response to concerns the Assistant Director Planning, Regeneration and Economy, advised that central Government had taken a share of the equity in the scheme (and others funded in this way) to ensure that as the market improved it would receive a proportion of the increased value. The variations to the S106 proposed would provide flexibility and security for local jobs. 

It was noted that there was a possibility that the Newlon Housing Trust would appeal the S106 agreement in 2011 and the Committee was advised that the Council had considered this and the arguments that might be put forward to counter any appeal.

The Committee discussed the risk attached to this and the merits of asking the Council’s Chief Financial Officer to provide further advice the Committee.  

In response to concerns raised regarding the loss of S106 contributions toward the Broad Lane gyratory system and the impact that this would have upon the wider area, the Committee was advised that other funding had been secured and therefore this would not be jeopardised.    

Councillor Brian Haley, Cabinet Member for the Environment and Conservation, put forward his concerns regarding the proposed changes to the S106 Agreement. He noted that the developer had not completed all the obligations set out within the S106 in a timely manner. He contended that the element of risk that the variation would expose the Council to was unacceptable and as there was no legal required upon the Council to vary the S106 this should not be approved by the Committee.

Councillor Lister arrived at 7.50pm.

In response to a query it was clarified that Councillor Haley was speaking behalf of himself, as the relevant Cabinet Member, rather than representing the view of the Cabinet as a whole on this issue.

The Assistant Director Planning, Regeneration and Economy, advised that comments from the Council’s Chief Financial Officer were not generally included within reports on Planning matters. The report presented had been reviewed by the Director of the Urban Environment and the Council’s Chief Executive and a  ...  view the full minutes text for item 106.

Construction of a non-floodlit Multi Use Games Area (MUGA) enclosed by 3.6m high metal weldmesh fencing.

RECOMMENDATION: Grant permission subject to conditions.

The 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 Planning Officer gave a summary of the report submitted and then took questions from the Committee.

The Committee was advised that there would be a gap of approximately three metres between the footpath and fencing to allow for additional planting.

At the invitation of the Chair Mr Bostock, of 60 Grant Avenue, spoke in objection to the application and following his statement members of the Committee put questions to him regarding his concerns.

Mr Bostock advised that because the recreation area was used throughout the day by the Tree House School there was no respite from the sound emanating from this area. There was also a general cumulative level of noise from the Tetherdown School that resulted in a high level of noise throughout the day.

In response to a query, regarding a Noise Survey that local residents had commissioned, the Committee was advised that this had been received by the Council and an officer from the Council’s Noise Team had visited the area. However, as the sound coming from the play area could not be attributed specifically to pupils from the Tree House School the survey could not provide be considered as a reason to refuse the application.

The Committee was advised that Condition Six, detailed in the report, which confined use of the front of the site to normal school hours, was intended to protect the amenity of adjoining residents.

At the invitation of the Chair Mrs Bostock, of 60 Grant Avenue, spoke in objection the application and following her statement members of the Committee put questions to her regarding her concerns.

In response to a question Mrs Bostock advised that as the Tree House School used the recreation areas adjoining her property throughout the day, rather than being limited to set break times, which meant that there was no respite from the sound generated.

At the invitation of the Chair Mrs Bierschenk, the applicant, spoke in support of the application and following her statement members of the Committee put questions to her.

In response to a query Mrs Bierschenk advised that as Condition Six would prevent the school from using the recreation area after school during the summer months it was not ideal and would not allow the school to make best use of the facility. She noted that it had been intended that use of the facility would be offered to other local schools and that it would be used during the summer holidays as part of the holiday Play Scheme.

Mrs Bierschenk advised that only a small number of children would use the recreation area (out of normal schools hours). This was generally between six and eight pupils at any one time. It was confirmed that Beech hedges would be planted to mitigate the impact of sound consideration was also being given to  ...  view the full minutes text for item 107.

Demolition of 32 existing lock-up garages and erection of 4 x 2/3 storey three bedroom houses with associated landscaping and 8 parking spaces.

RECOMMENDATION: Grant permission subject to conditions.

The 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 discussed Items 13 and 14 together.

The Committee was advised that in addition to the Conditions listed an additional condition had been requested by the Fire Service with respect to fire precautions and any approval would be subject to the inclusion of this.

In response to a query, as to whether the proposed parking spaces could be rearranged to accommodate a Chestnut tree on the site, the Committee was advised that this had been dealt with under the previous application and the configuration of the parking spaces had been considered acceptable. 

At the invitation of the Chair Bob Maltz of 39 Landrode Road, spoke in objection to the application and Mr Whale, the applicant’s agent, spoke in support of the application.

In response to a query Mr Whale reminded the Committee that there had been discussion around the reconfiguration of parking spaces and any landscaping issues would be dealt with under Condition Eight, which related to landscaping.

Mr Whale noted that objections raised by Mr Maltz on the basis of earlier objections raised by the Fire Service had now been resolved and were no longer relevant.

The Committee discussed the applications and was advised that waste vehicles would not be able to access the site directly and that under Condition 5, which related to Waste Management, provision would have to be made for this.

RESOLVED:

That, subject to the conditions set out below, planning application reference HGY/2009/1768 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. Samples of all materials to be used in conjunction with the proposed development for all the external surfaces of buildings hereby approved, areas of hard landscaping and boundary walls 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 and a roofing material sample combined with a schedule of the exact product references.

Reason: In order for the Local Planning Authority to retain control over the exact materials to be used for the proposed development and to assess the suitability of the samples submitted in the interests of visual amenity.

3. Notwithstanding the provisions of Schedule 2, Part 1 of the Town & Country Planning General Permitted Development Order 1995, no enlargement, improvement or other alteration of any of the dwellings hereby approved in the form of development falling within Classes A to H shall be carried out without the submission of a particular planning application to the Local Planning Authority for its determination.  ...  view the full minutes text for item 108.

Conservation Area Consent for demolition of 32 existing lock-up garages and erection of 4 x 2/3 storey three bedroomm houses with associated landscaping and 8 parking spaces.

RECOMMENDATION: Grant permission subject to conditions.

RESOLVED:

That planning application reference HGY/2009/1769 be approved.

Change of use from B1 (offices) to radio-controlled mini cab office.

RECOMMENDATION: Refuse permission.

The Chair advised that this item would be deferred until the Committee’s next meeting due to time constraints.

RESOLVED:

That planning application reference HGY/2009/1897 be deferred until the next meeting.

Demolition of existing building except for the administration building that fronts Coppetts Road; the conversation of the administration building fronting Coppetts Road, and the erection of four two storey houses plus dormers, and four blocks of flats between 2 and 4 stories in height: to provide a total of 55 units with car parking (48 spaces), access roads and landscaping (Revised Scheme).

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

The 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.

Councillor John Bevan, Cabinet Member for Housing, spoke in objection to the application. He noted that the Affordable Housing provided within the scheme was situated in separate blocks and contended that there should be no division of tenures within the scheme. He also raised concern that the goal of 50% Affordable Housing had not been achieved on the site. 

The Committee was reminded that target of 50% Affordable Housing related to the whole of the Borough and was not applied to every site. It was noted that the site had been subject to a financial appraisal that had concluded that 38% was appropriate in this instance.

In terms of the divisions of tenure by block the Committee was advised that this was the preferred approach of Registered Social Landlords (RSL’s) who requested this approach was employed as they found it easier to manage in one area. The Committee was assured that the quality of the scheme and the materials used would be consistent throughout the scheme.

It was contended that materials used internally within the Affordable Housing element of some schemes in the Borough had not been of the same quality used within the private homes. It was argued that this was unacceptable and that tenures should be mixed to avoid any segregation. 

At the invitation of the Chair, Mr Ian John, the applicant’s agent spoke in support of the application.

The Committee viewed the plans and then discussed the application.

There was a general consensus that whilst it would be preferable to add a condition requiring the materials used internally to be consistent across all of the tenures within the scheme, as this was unlikely to be sustained on appeal, a formal condition was not appropriate in this instance.

It was agreed that the applicant should be asked to cooperate with this request and that an Informative to this respect should be added.

RESOLVED:

That, subject to the conditions set out below, planning application reference HGY/2008/2196 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. Samples of all materials to be used for the external surfaces of the development shall be submitted to, and approved in writing by, the Local Planning Authority before any  ...  view the full minutes text for item 111.

Erection of part single storey/part two storey/part three storey side and front extensions, and use of the building including rear shed as a cultural community centre.

RECOMMENDATION: Grant permission subject to conditions.

The Chair advised that this item would be deferred until the Committee’s next meeting due to time constraints.

RESOLVED:

That planning application reference HGY/2009/1892 be deferred until the next meeting.

To consider any items admitted at item 2 above.

No new Items of Urgent Business were received.

It was noted that the next meeting of the Planning Committee would take place on Tuesday 9 February, at 7pm.