Agenda and minutes

Apologies were received from Councillor Toni Mallett and Councillor Harry 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.

The Committee agreed to consider an amendment to planning consent HGY/2008/2320 as an item of Urgent Business.

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.

No declarations of interest were made.

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

None.

To confirm and sign the Minutes of the Planning Committee held on 9 February 2010.

RESOLVED:

That the minutes of the meeting held on 9 February 2010 be confirmed as a correct record.

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

The Committee considered a report that detailed the outcome of appeal decisions determined by the Department of Communities and Local Government (DCLG) during January 2010.

The Committee was advised that of the nine appeals determined by the DCLG during the period two had been allowed and seven 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 11 January and 14 February 2010.

The Committee considered a report that set out the decisions made under delegated authority by the Heads of Development Control (North and South) and the Chair of the Planning Committee between 11 January and 14 February 2010.

RESOLVED:

That the report be noted.

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

The Committee considered a report that provided an overview of performance statistics for Development Management, Building Control and Planning Enforcement since the previous meeting on 9 February 2010.

It was requested that information with respect to Building Control should be presented in the same format as the other statistical information within future reports and that this should include year on year comparative data and comparative date with respect to other London Boroughs.

In response to a query the Committee was advised that when a piece of land or property sold or inherited any prosecution notice or requirement for compliance was attached it and as such became the responsibility of the new owner.

It was requested that future reports should provide a brief overview of the Enforcement issue and details of which Ward the case was located in.

It was noted that publicising Enforcement action taken by the Local Authority provided an important deterrent and the Committee agreed that this should be further publicised in the Council’s Planning and Regeneration News Letter.

RESOLVED:

That the report be noted.

To inform the Committee of the outcomes of cases that had been referred to Legal Services by the Planning Enforcement Team for the period 1 April to February 2010.

The Committee considered a report that provided details of the outcome of cases referred to Legal Services by the Planning Enforcement Team between 1 April 2009 and 1 February 2010.

It was requested that this information was provided on a monthly basis to future meetings.

RESOLVED:

That the report be noted.

In accordance with the Committee's protocol for hearing representations; when the recommendation is to grant planning permission, two objectors may be given up to 6 minutes (divided between them) to make representations.  Where the recommendation is to refuse planning permission, the applicant and supporters will be allowed to address the Committee.  For items considered previously by the Committee and deferred, where the recommendation is to grant permission, one objector may be given up to 3 minutes to make representations. 

Prior to the consideration of the planning applications listed within the agenda the Chair note that she intended to alter the order of the agenda and take items 14, 15, 17 and the new item of Urgent Business admitted under Item 2, next.

Demolition of Broadwater Farm Primary School and William C Harvey Special

School, and redevelopment of the site to provide a purpose-built two storey inclusive learning centre (520 places, primary age) to incorporate Broadwater Farm Primary, William C Harvey and Moselle School Special Schools with associated car parking, external landscaping and new pedestrian and vehicle access from Adams Road.

RECOMMENDATION: GRANT PERMISSION subject to conditions

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 Planning Officer gave a summary of the report outlining the salient points and took questions from members of the Committee.

In response to a query, as to whether the level of tree planting within the proposal was sufficient, the Committee was advised that the planting scheme attached to the application showed that there would be a significant level of new trees provided and that many of the existing trees on the site would be retained.

There was agreement that ensuring that the site was as green as possible was important to the local area and that an Informative should be attached stating this.

RESOLVED:

That, subject to the conditions set out in the report and the inclusion of an Informative with respect to planting on the site, planning application reference HGY/2009/2123 be approved.

Conditions:

Implementation

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. 

External Appearance

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 and in the interest of the visual amenity of the area. 

4. Notwithstanding any indication on the submitted drawings, details of the siting and design of all walls, gates, fencing, railings or other means of enclosure shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The walls/gates/fencing/railings/enclosures shall be erected in accordance with the approved details following completion and occupation of the building hereby approved.

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

Site Layout/ Nature Coservation

5. Notwithstanding any indication on the submitted drawings details and samples of the materials for those area to be treated by means of hard landscaping (permeable surface) shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. Thereafter the hard landscaping shall be carried out  ...  view the full minutes text for item 140.

Erection of 6 x two and three storey three bedroom dwelling houses with

associated car parking (8 spaces) and landscaping.

RECOMMENDATION: GRANT PERMISSION subject to conditions and 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 Planning Officer gave a summary of the report outlining the salient points and took questions from members of the Committee.

The Committee discussed the Ecological Report, commissioned by the applicant and there was agreement that the proposed conditions attached to the application with respect to this should require that the Council’s Biodiversity Officer was consulted with.

In response to a query, as to why the application was recommended for approval, when it fell short of the density recommended by the London Plan, the Committee was advised that the Local Authority had adopted Supplementary Planning Guidance (SPG) that allowed for lower densities to be permitted on sites of this type to protect their green character.

Concern was raised with respect to how the Council could ensure that residents of new social housing schemes would benefit from feed in tariffs available under new Decentralised Energy initiatives. The Committee was advised that the Council was making provision for this within the new Core Strategy document, which would be considered by Cabinet on 23 March.

The Committee was advised that there was no direct access through the site from Corbett Grove; only residents of Imperial Road would be able to walk through it. There was agreement that officers should discuss the possibility of enabling the green space within the site to be accessed from Corbett Grove. If the applicant was agreeable this could be included within the Section 106 Agreement attached to the application.

It was noted that the Crime Prevention Officer had raised concern with respect to the creation of an additional access point and there was agreement that an Informative should be attached requesting that the applicant should consult further with the Crime Prevention Officer in relation to this. There was agreement that the Informative should also refer to lighting to improve safety and that this should be as unobtrusive and energy efficient as possible. 

RESOLVED:

That, subject to the conditions set out below, planning application reference HGY/2009/1830 be approved.

Conditions:

Expiration Of Permission

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.

In Accordance With Approved Plans

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.

Materials

3. Notwithstanding the description of the materials in the application, no development shall be commenced until precise details of the materials to  ...  view the full minutes text for item 141.

Demolition of existing buildings (500 White Hart Lane and Hubert House)

and erection of new steel cladded light industrial unit (B1).

RECOMMENDATION:  GRANT PERMISSION subject to conditions

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 Planning Officer gave a summary of the report outlining the salient points. He advised that there was a change to Condition 4 as set out in the report, which should be amended to read:

‘A scheme for the treatment of the surroundings of the proposed development including the planting of trees and/or shrubs (in specific to the front of the site)  and details of hard landscaping, shall be submitted to and approved in writing by the Local Planning Authority, and implemented in accordance with the approved details thereafter.

Reason: In order to provide a suitable setting for the proposed development in the interests of visual amenity’. 

Questions from members of the Committee were then taken by the Planning Officer.

In response to concern raised that there was insufficient tree planting and a suggestion that the applicant should be required to provide further trees within the parking area as part of the Section 106 Agreement; the Committee was advised that the applicant could not be required to do this by condition or the Section 106 Agreement. If the Committee was minded to refuse the application on the basis that there was insufficient planting within the scheme it was unlikely this would not be sustainable on appeal.

In resolving to approve the application members of the Committee firstly asked for additional  tree planting in car park, which can  be secured by way of a condition, and secondly a  financial contribution towards environmental improvements (i.e. landscaping) to the strip of land immediately to the front of the site. It was delegated to Assistant Director to agree the exact amount of financial contribution.

RESOLVED:

That, subject to the condition set out below, planning application reference HGY/2009/2140 be approved.

Conditions:

Implementation

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.

External Appearance

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  ...  view the full minutes text for item 142.

Demolition of the existing two storey building and other associated structures

and the erection of a new part two/part three storey residential development to provide 35 residential units plus construction of external parking, ancillary structures and landscaped

areas.

RECOMMENDATION: GRANT PERMISSION subject to conditions and 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 Planning Officer gave a summary of the report outlining the salient points and took questions from members of the Committee.

The Committee was advised that the energy derived from Vortex Tiles would be utilised within the communal parts of the building. There was agreement that Housing Associations and developers should be asked to use features such as Vortex tiles in a way that would enable residents to benefit from the energy they created.

It was requested that the Assistant Director, Planning and Regeneration, should provide the Committee with a briefing note setting out how the Council intended to engage with Housing Associations and developers on this issue.

It was requested that an Informative should be attached requesting that the name of the building was retained.

RESOLVED:

That, subject to the condition set out below, planning application reference HGY/2009/2128 be approved:

Conditions

Expiration Of Permission

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.

In Accordance With Approved Plans

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.

Renewable Energy

3. A plan indicating the allocation and location of photovoltaic panels to the roof slopes and associated calculations showing compliance with the reduction of 20% CO2 against the baseline calculation of 92,437.62kgCO2/year, shall be provided to and approved in writing by the Local Planning Authority, prior to the occupation of the units. Thereafter the renewable energy technology/ system shall be installed in accordance with the details approved and an independent post-installation review, or other verification process agreed, shall be submitted to the Local Planning Authority confirming the agreed technology has been installed prior to the occupation of the building, hereby approved.

Reason: To ensure the development incorporates on-site renewable energy generation to contribute to a reduction in the carbon dioxide emissions generated by the development, in line with national London and local planning policy.

Materials

4. 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.  ...  view the full minutes text for item 143.

Demolition of existing family dwelling and erection of two storey dwelling

with rooms in the roof.

RECOMMENDATION: GRANT PERMISION subject to conditions

The Committee considered planning applications HGY/2009/2090 and HGY/2009/ 2091 together.

The Committee considered two reports, previously circulated, which gave details of the applications, 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 outlining the salient points and took questions from members of the Committee. It was noted that the Committee should disregard the reference to a basement floor as this was incorrect.

At the invitation of the Chair, Mr Shane of 40 Stormont Road and Mr Davidson of 14 Deanwood Road, spoke in objection to the application and following their statements the Committee put questions to them.

In response to a question Mr Davidson confirmed that he considered that the proposed scheme was out of keeping with the local area due to its scale and mass. He also contended that by building up to the edge of the boundary the semi rural character of the area would be altered.

In response to a question Mr Shane advised that he and other residents considered that it would be more appropriate for the existing building to be renovated.

It was noted that in order for a building in a Conservation Area to be protected from demolition it had to be demonstrated that it made a positive contribution to the Conservation Area or that it was of special architectural merit. As set out in the report the Council’s Conservation Officer did not consider that the building met either of these criteria. In response Mr Shane contended that the existing house was similar in style to a nearby Listed Building, which it was considered to be of architectural merit.

Councillor Rachel Allison, the Local Ward Member, spoke in objection to the application. She contended that the footprint and roof of the proposed building were significantly larger than those of the existing building. She also noted that the roof included a flat area that was out of keeping with the character of the local area and that the loss of part of the grass verge to the side of the existing house would alter the semi rural feel of the area.

In conclusion Councillor Allison noted that it would be preferable if the applicant were to renovate the existing property, or if revised plans for a smaller property more in keeping with the character of the local area, were submitted.

In response to a query, Councillor Allison noted the property was situated in a unique area that bordered Hampstead Heath, which was comprised of properties from the inter war period and that the existing property formed a good example of this. Given it’s proximity to the Heath she contended that retaining the semi rural character of the area was important to the character of the local area.

Councillor Allison accepted that there was no single architectural style that dominated the area; however, she noted that there was a uniformity of light and space that pervaded  ...  view the full minutes text for item 144.

Erection of 1 x 2 storey, 3 bedroom single dwelling house with private garden.

RECOMMENDATION: GRANT PERMISSION subject to conditions

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 Planning Officer gave a summary of the report outlining the salient points and took questions from members of the Committee.

Members of the Committee raised concern with regard to the loss of green space. It was noted that many people were currently waiting for allotments and that the Government was encouraging Local Authorities to preserve small areas of green space wherever possible.

At the invitation of the Chair, Ms Sara Hall of 156 Arnold Road, spoke in objection to the application and then answered questions from members of the Committee.

In response to a query, regarding concerns raised by the Police over safety, Ms Hall advised that the area had been in frequent use until it was fenced off. Ms Hall contended that if the area could be used by the local community anti social behaviour, which was encouraged by the derelict site, would be reduced.

Ms Hall advised that, although she did not have details with her, she and other residents had contacted Family Mosaic on several occasions with regard to using the site for community events.

Councillor Rachel Allison addressed that Committee and noted that the area of green space was important to local residents as there was limited access to recreational areas of this type locally. 

At the invitation of the Chair, a representative of the applicant, Family Mosaic, spoke in support of the application and answered questions from members of the Committee. It was confirmed that there had been consultation with tenants and local residents via Family Mosaic’s Housing Officer and other local Registered Social Landlords (RSL’s). However, due to problems with crime and anti social behaviour the site had been closed off.

The Committee discussed the application and the Assistant Director Planning and Regeneration reminded that Committee that the application had to be considered on its merits and that it could not be refused on the grounds that the Committee would prefer to see a different scheme come forward.

RESOLVED:

That, subject to the conditions set out below, planning application reference HGY/ 2009/1954 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.

External Appearance

3. Notwithstanding the description of the materials in the application, no development shall be commenced until  ...  view the full minutes text for item 145.

To consider any items admitted at item 2 above.

The Committee considered an amendment to planning consent reference HGY/2008/2320, which was accepted as an item of Urgent Business under Item 2 above.

The Committee was advised that the plans and minutes with respect to the approval of this application stated that there would be fifteen parking spaces, nine of which would be for residents and six for staff and visitors. However, the description contained within the officer’s report had stated that there would be only nine spaces in total.

In order for the Council’s Legal team to have the Section 106 agreement signed off, the resolution would need to be amended to reflect the lower number of spaces and the Committee was requested to approve this amendment.

RESOLVED:

That approval be given to officers to amend the description of the application to reflect that there should be nine parking spaces included within the scheme, rather than fifteen as previously approved and to grant approval of the scheme on this basis.

Monday 12^th April 2010.

The next meeting would be held on 12 April 2010.