Agenda and minutes

Apologies for absence were received from Cllr Hare.

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 17 below.

The Chair advised the Committee that she had been saddened to hear of the recent death of the wife of former Councillor Tom Davidson, who had been Chair of the Planning Committee for many years. It was agreed that condolences would be sent on behalf of the Committee.

The Committee agreed to consider a late item in relation to agenda item 9, Planning Enforcement Update. Reasons for lateness were the availability of year end figures and data from focus groups for inclusion in the report.

The Committee agreed to consider one new item of Urgent Business in relation to New River Village, Fyfe House, Chadwell Lane, N8 7RZ. The reason for urgency was that the Deed of Variation is required to be entered into to give effect to the recent decision of the Planning Inspectorate.

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.

There were no declarations of interest.

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

There were no deputations or petitions.

To consider any items admitted at item 2 above.

The Committee considered a report regarding a Deed of Variation to delete the existing clause 11 from the 2002 Section 106 agreement in relation to development at New River Village, as a result of planning permission for change of use at the site being granted on appeal.

In response to questions from the Committee, it was reported that the Council had presented evidence to support the use of the site as a doctor’s surgery and crèche. Further to the decision by the Inspector, the Council was working with the PCT regarding the provision of healthcare services in the area. 

The Committee expressed disappointment with the decision of the Inspector.

RESOLVED

That the Deed of Variation to delete the existing clause 11 from the 2002 section 106 agreement in respect of HGY/2002/0245 be agreed.

To advise the Committee on Appeal decisions determined by the Department for Communities and Local Government during February 2010.

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

The Committee noted that, of the 7 planning appeal decisions determined by DCLG during February 2010, 1 had been allowed and 6 dismissed and that the 1 planning enforcement appeal decision determined during February 2010 had been dismissed.

RESOLVED

That the content of 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 15 February 2010 and 21 March 2010.

The Committee considered a report that set out the decisions made under delegated authority by the Head of Development Management and the Chair of the Planning Committee between 15 February and 21 March 2010.

RESOLVED

That the content of the report be noted.

To advise the Committee of Performance Statistics for Development Control and Planning Enforcement Action since the 8 March 2010 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 8 March 2010.

RESOLVED

That the content of the report be noted.

That Members note planning enforcement’s progress in maintaining service delivery 2009-2010.

TO FOLLOW

The Committee considered a report on Planning Enforcement’s progress in maintaining service delivery 2009-10.

The Committee suggested that there should be Member involvement in complex and challenging enforcement cases, and it was agreed that this would be looked into further. The Committee asked whether landlords involved in breaches at more than one property were identified in the course of enforcement investigations. Marc Dorfman advised that a task force had been established to look into the issue of fraudulent applications and that this work included looking at the commonality of applicants. It was reported that Internal Audit had been requested to look at the department’s processes and systems in relation to applications, and that officers were grateful to Members for flagging such issues up.

The Committee suggested that the reasons for cases being closed because enforcement action was not expedient needed to be explained in greater detail to residents. It was reported that the basis of such decisions was covered in letters to residents and that officers were encouraged to add further explanation, but feedback had indicated that the quality of communication could be improved further and the department would work to address this issue in the coming year.

The Committee asked about the information held on the different types of cases. It was reported that the recording system had been updated to include 12 distinct categories of cases. Once further data had been captured, it was anticipated that the breakdown of case types could be reported to the Committee on a quarterly basis.

In response to a question from the Committee regarding enforcement notices withdrawn by the Council, it was reported that there had been evidence that some cases were out of time, and that work was needed to ensure that timescales were realistic in order to reduce the number of notices withdrawn.

The Committee asked about lessons learned in relation to enforcement action at Tower Gardens, in response to which it was reported that a comprehensive survey undertaken in 2004 had enabled officers to have a good understanding of the enforcement issues and to prioritise cases. This improved information had resulted in enforcement action being undertaken on a sound basis, and few appeals being lodged.

RESOLVED

That the content of the report be noted.

To confirm the following Tree Preservation Order:

1. Fortis Green Reservoir, Southern Road, N2

The Committee considered a report recommending a Tree Preservation Order at Fortis Green Reservoir, Southern Road N2.

RESOLVED

That the Tree Preservation Order set out in the report be approved.

Report of the Director of Urban Environment to advise and obtain Members agreement to an amendment to the proposed Section 106 Agreement associated with planning application HGY/2009/1122 for the demolition of existing buildings behind retained facades and erection of 1 x four storey building comprising 6 x two bed, 3 x three bed flats and 1 x retail/commercial unit; erection of a 1 x three storey building comprising 3 x three bed flats; the erection of 4 two storey houses (comprising 2 x three bed and 2 x four bed) to front onto Argyle Passage and Bromley Road; provision of 2 disabled parking spaces and associated landscaping.

On the advice of Marc Dorfman, Assistant Director, Planning and Regeneration,  the Chair advised that this item was withdrawn from the agenda.

Refurbishment, extensions and new build to create expansion from two form to three form entry, with associated landscaping.

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 key points and took questions from members of the Committee. The Committee was asked to note that an additional letter from the MP, attaching a copy of a letter of objection previously received, had been submitted. It was also reported that, subsequent to the objections raised by the Environment Agency, a flood risk assessment had been submitted. The Environment Agency still expressed concerns regarding surface water drainage, and had submitted a condition to address this issue, which would replace condition 7 as set out in the report.

In response to a question from the Committee regarding the catchment area for the school, officers confirmed that the catchment area would remain unchanged. The Committee asked whether it would be possible to encourage initiatives for broadening use of the school facilities for more community activities, in response to which it was suggested that this could be added as an informative. In response to concerns from the Committee regarding some aspects of the proposed colour use, it was agreed that this could also be managed by means of an informative, although one view was expressed that the Committee should not be going into the level of detail of colour schemes when considering applications.

RESOLVED

That, subject to the following conditions, incorporating the withdrawal of the existing condition 7 to be replaced by a condition from the Environment Agency regarding a surface water drainage system, and the inclusion of informatives with respect to encouraging wider use of the facilities for community activities and the colours to be used, planning application reference HGY/2010/0055 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  ...  view the full minutes text for item 12.

Demolition of existing buildings (excluding No. 596 High Road), and erection of 3 storey buildings to provide 175 sqm of A1 / A2 / A3 floorspace and 39 residential units together with formation of vehicular access.

RECOMMENDATION: Grant permission subject to conditions and subject to s106 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 submitted and took questions from the Committee. The Committee was advised of revisions to the drawings, and an addendum sheet was circulated outlining two amendments proposed to the report as submitted, relating to the energy statement and the deletion of a covenant restricting the transfer or lease of any private market housing unit to Local Authority, registered social landlord, and the lease to persons claiming job seekers allowance or housing benefit.

The Committee asked where car club parking spaces would be located in relation to the site, in response to which it was reported that specific locations had not yet been identified, although possible locations were Scotland Green and Parkhurst Road. In response to questions from the Committee regarding making it clear to potential owners that the development was car free, it was reported that the design of the site itself meant that there was no opportunity to park on site, which would make the development self-policing. The Committee expressed concern that disabled residents in the development would not have access to dedicated parking spaces, although it was reported that the development would be accessible by car.

Cllr Bevan addressed the Committee in objection to the report. Cllr Bevan reported that the housing service objected to the scheme on the grounds that it was not a mixed development and would constitute 100% affordable housing units. It was suggested that the scheme should be mixed tenure, and that 45% should be used for Homebuy. Cllr Bevan also objected to the car free element of the scheme, as car free developments should only be in areas subject to a CPZ, which was not the case at this site, and the development would contribute to parking problems in surrounding streets. Cllr Bevan asked that use of 45% of the scheme for Homebuy be considered and that the parking restrictions be reconsidered.

On behalf of the applicants, Mr Kevin Goodwin and Mr Peter Smith addressed the Committee, and advised that they had addressed all of the points raised by the Planning Inspector when the case had previously gone to appeal. It was reported that the issues regarding parking had been debated at that time, and the Inspector had not raised concerns in this regard. It was reported that, although there had been difficulty in identifying a development partner for the scheme, it was still felt to be the preferable option and work was continuing in this regard. It was felt, however, that it would be unreasonable to impose a covenant restricting the transfer or lease of any private units at this time.

In response to questions from the Committee regarding the lack of any disabled spaces on the site, the applicants advised that they had been unable to incorporate parking due to highway  ...  view the full minutes text for item 13.

Conservation Area Consent for demolition of existing buildings (with the exception of No. 596 High Road) and erection of 3 storey buildings to provide 175 sqm of A1 / A2 / A3 floorspace and 39 residential units together with formation of vehicular access.

RECOMMENDATION: Grant permission subject to conditions and s106 Legal Agreement.

The Committee considered a report, previously circulated, which gave details of the application, the site and surroundings, planning history and all relevant planning factors and policies.

RESOLVED

That, subject to conditions and s106 legal agreement, application reference HGY/2010/0203 be approved.

Refurbishment of existing listed building to retain the existing pub use on ground and basement levels, and the redesign of the non-self contained residential units at upper levels to provide 3 self-contained residential units. Demolition of rear later addition to listed building and redevelopment of the rear of the site to provide 4 x 4 bed houses and 2 x 2 maisonette units (AMENDED DESCRIPTION).

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. It was reported that the application before the Committee was for Planning Permission and that a further application for Listed Building Consent had also been submitted but had yet to come to the Committee for consideration. It was reported that drawings 2, 3 and 4 had been revised and were available for the Committee to consider.

Alison Armour, representing the Tottenham CAAC, addressed the Committee in objection to the application. It was reported that the Grade II listed building was an important building and major attraction in the area, and the CAAC objected to the proposal to cut a large hole in the fabric of the building. Ms Armour also expressed concern regarding overdevelopment in an area of high density and that the development was inappropriate in its location on the edge of Tottenham Wood. Ms Armour also expressed concern that more recent drawings showed the proposed opening as rectangular rather than an arch shape. The Planning Officer reported that the Conservation Officer had suggested that a rectangular shape would be preferable to an arch, but advised that the Committee could reinstate an arch as had been originally proposed.

The Committee expressed concern that the development might set a precedent for the development of other rear gardens, particularly in an area with a deficiency in open space. The Planning Officer reported that the proposal represented a reduction in the footprint of the existing buildings and would lead to an increase in the level of green space.

Marc Dorfman expressed concern that the Listed Building Consent was not being considered at the same time as the application for Planning Permission, and it was proposed that the application be withdrawn and re-submitted for consideration by the Committee at the same time as the application for Listed Building Consent to enable all the issues and concerns raised to be addressed at the same meeting.

The motion was put to the vote and the results were as follows:

For: 5

Against: 3

Abstentions: 0

RESOLVED

That application reference HGY/2009/1695 be withdrawn and brought back to the Committee at such time as the application for Listed Building Consent in relation to the same site could be considered by the Committee.

To confirm and sign the Minutes of the Planning Committee held on 8 March 2010.

RESOLVED

That the minutes of the meeting held on 8 March 2010 be confirmed as a correct record and signed by the Chair.