Agenda and minutes

Apologies for absence were received from Cllr Adamou for whom Cllr Egan was substituting and from Cllr Hare for whom Cllr Demirci was substituting. 

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.

members raised concern regarding the GLS site and a letter recently circulated prior to the Committee by Tottenham Hale Residents Against Skyscraper Housing (THRASH) and referred to during discussions.  The Committee requested that a response be brought back to the Committee.  The Chair advised that a report would be brought back to the next meeting.

RESOLVED

That a report be provided in response to the TRASH letter and brought back to the next meeting of the Committee on 7 January 2008.

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 received.

To consider receiving deputations and/or petitions in accordance with Standing Order 37

None received.

To confirm and sign the Minutes of the Planning Committee held on 1 October 2007.

PC72 Land rear of 42-48 Newland Road N4

The Committee advised that the second Informative regarding the Fire Brigade should include “that the sprinklers and the Fire Regulations be complied with”.

RESOLVED

That the minutes of the Planning Committee meeting held on 1 October 2007 be agreed and signed subject to the following amendment.  “That the sprinklers and Fire Regulations be complied with”.

Appeal decisions determined during September and October 2007.

The Committee noted the outcome of 29 appeal decisions determined by the Department for Communities and Local Government during September and October 2007 of which 12 were allowed and 17 were dismissed.  Enforcement appeals had been separated and listed at the end of the report as previously requested by the Committee. 

The Committee was asked to note that there was a mixture of decisions determined.  In particular 37 Gloucester Road N17, had been a public enquiry, dismissed and the Council awarded costs from the applicants due to unreasonable behaviour resulting in unnecessary expense to the Council.

RESOLVED

That the report be noted.

Decisions made under delegated powers between 20 September 2007 and 11 November 2007.

The Committee was asked to note the decisions taken under delegated powers by the Head of Development Control (North & South) and the Chair of the Planning Committee determined between 20 September 2007 and 11 November 2007.

The Committee queried why the application for Roden Court was refused.  The officer explained that the application was for 140 units and was refused for reasons of design and bulk.  The applicant had submitted a revised application that week, which may have overcome the reasons for refusal.  The application was currently out for public consultation.  The Committee further noted that a number of telephone kiosk applications had also been refused particularly those in Conservation Areas.

RESOLVED

That the report be noted.

Performance Statistics for Development Control and Planning Enforcement Action since 1 October 2007 Committee meeting.

The Committee was asked to note the performance statistics on Development Control and Planning Enforcement.  The report summarised the decisions taken within set time targets by Development Control and Planning since the 1 October 2007 Committee meeting.   

The officer informed the Committee that major applications were at or above expected levels for October however, for household and minor applications they had dipped over the year. 

RESOLVED

That the report be noted.

To consider and adopt revised versions of the Members’ Code of Conduct for Planning Committee, the Code of Conduct for Member Site Visits and the Protocol for Hearing Representations at Planning Committee.

The Committee received a presentation from the Legal Officer on the revised Codes and Protocols for the Planning Committee.  The revised Code and Protocols was a joint report from the Assistant Director of Planning and the Monitoring Officer.   The report detailed three “Planning Procedures” that applied specifically to the work of the Planning Committee:

1. The Members’ Code of Conduct for Planning Committee
2. The Code of Conduct for Member Site Visits
3. The Protocol for Hearing Representations at the Planning Committee

The Planning Procedures were previously formally within the Council’s Constitution however, since the Annual Council in May 2007 they had ceased to be part of the Constitution but remained in force to regulate the proceedings of the Planning Committee.  They were now under the control of the Planning Committee.

The three “Planning Procedures” had not been amended significantly since May 2002.  There had been many changes over the last five years that needed to be taken into account.  The most important was the new national Members’ Code of Conduct that applied to all the work of local Councillors.  The major changes to the “Planning Procedures” were as follows:

Members’ Code of Conduct

The Members’ Code of Conduct also took into account new legislation updated to include the Planning and Compulsory Purchase Act 2004.  There was a significant change to reflect best practice with regard to Members training.  Members were now required to have undertaken appropriate Planning training before participating in planning decisions.  Paragraph 5.06 detailed the dangers of reaching conclusions in advance of the Committee meeting and added the risks of “bias” and “pre-determination” which could expose a decision to legal challenge.  Paragraph 5.12 dealt with “personal involvement” of Members with parties to applications and paragraph 7 detailed a Member declaring a prejudicial interest.

Code for Member Site Visits

The procedure now generally adopted for site visits was an official visit arranged by officers in advance of the report being considered by the Committee.  Members should try wherever possible to attend the official visit.  A personal visit by a Member alone was the “fallback” option.  Changes were made to paragraph 3.02 and 3.03 to achieve a fair and transparent process during site visits.  In most cases objectors against and supporters of the application would not be invited and Members would be guided around the site by officers alone.

Protocol for Hearing Representations at Planning Committee

The changes to paragraph 2.01 – 2.03 were intended to put beyond doubt the different procedures applied to members of the public, applicants and others outside the Council who were required to complete a standard form when they wished to address the Committee.  The procedure for Members not on the Planning Committee and officers outside the Planning Service who should give advance written notice to the Chair when they wished to speak.  Applications where the recommendation was for refusal, the applicant and supporters would be allowed to address the Committee.

The Committee queried the procedure for not allowing objectors and supporters to attend site visits.  Previously  ...  view the full minutes text for item 92.

To update the Committee on the progress of the planning enforcement project.

The Officer presented his report and updated the Committee on the current progress of the project.  The project started in January 2007 and had been running for nine months to reduce the historical backlog of planning enforcement open cases and enable an improvement in the planning enforcement performance.  The project was currently funded by salary under spends across the business unit. 

The Committee was informed that in order to better manage the open cases the project was broken into three phases.  At the start of the project there were 1531 open cases.  At the end of October 2007 there were a reported 711 open cases.

Stage one was to close cases immediately where work was carried out over four years previous.  There were cases which went back as far as 2001.  In the first stage of the project 489 cases were deemed to fall within the four year rule, 311 were closed as immune and 178 cases required further enforcement investigation.

Stage two addressed cases received from 2004-06.  There were 1036 cases received, 437 were closed and 559 remained open as a result of carrying out visits, retaining sanctions, negotiations and other aspects of enforcement.  When the report was produced there had been 820 cases closed to date the remaining 711 open cases required a degree of enforcement action. 

Stage three dealt with the remaining cases and regular cases received on a daily basis.  There were 759 new complaints received from January 2007 to November 2007, 458 were closed and 301 remained open.  These cases were being reviewed and would be dealt with in order of priority.  Firstly dealing with Article 4 areas or cases in Conservation Areas.  Of the 711 remaining open cases it was envisaged that at least half could be resolved by December 2007.

Further restructuring of the Enforcement Service was being undertaken and a further report would be brought back to the Committee in January 2008.

RESOLVED

That a further report be brought back to the Planning Committee in January 2008.

Alterations and extensions to the existing building, including the creation a ground and first floor front extension and recessed part second floor extension to create a three storey building comprising of 528 sq.m of B1 space at ground floor level with 9 self contained units at upper levels, along with 17 secure cycle spaces and 2 off street car parking spaces.

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

The Committee was advised that this application site had frontage onto Mayes Road and Jack Barnet Way.  The application site used to be a job centre and had previous approval on the site. 

The proposal included the creation of a ground and first floor extension.  The business use of the ground floor would be classed as B1 with nine self contained units at upper levels, along with 17 secure cycle spaces and two off street car parking spaces.

The Committee raised concern that this was a car free development and questioned where manual workers would park their cars if they needed their vehicle for work.  The Transportation Officer responded that current policies derived from the London Plan, with developments geared close to Town Centres would be designated car free developments.  The UDP was in place to guide decisions on car free developments and within the Section 106 agreement it was an obligation that it was a car free development.

The Committee went on to discuss the level of daylight lost due to the proposed development and was informed that there would be an improvement on the existing levels of overlooking.  Concern was also raised with regard to the quality of the wood used for cladding.  The officer advised that the applicant would consider the use of zinc or slate cladding if the Committee chose to add as an informative.

The Committee decided to granted the application unanimously.

RESOLVED

That the application be granted subject to conditions and a Section 106 Legal Agreement.

INFORMATION RELATING TO APPLICATION REF: HGY/2007/2036

FOR PLANNING COMMITTEE DATED 04/12/2007

Location: 120 - 128 Mayes Road N22

Proposal: Alterations and extensions to the existing building, including the creation of a ground and first floor front extension and recessed part second floor extension to create a three storey building comprising of 528 sq.m of B1 space at ground floor level with 9 self contained units at upper levels, along with 17 secure cycle spaces and 2 off street car parking spaces.

Recommendation: Grant subject to conditions and Legal Agreement

Decision: Grant subject to conditions and Legal Agreement

Drawing No’s: BA9630607/01, 02, 03; PL-01, PL-02A to PL-07A incl.

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  ...  view the full minutes text for item 94.

Construction of extension at roof level creating additional floor comprising 1 x one bed and 1 x three bed self-contained flats.

RECOMMENDATION: Grant permission subject to conditions.

The Committee was informed that this application had been deferred so that the scheme could be redesigned and presented to the next meeting of the Committee in January 2008.

RESOLVED

That the decision on this application be deferred until the next meeting of the Committee in January 2008.

Demolition of existing single storey dwellinghouse and erection of 2 storey five bedroom dwelling house.

RECOMMENDATION: Grant permission subject to conditions.

The Officer presented the report and advised that a tabled written objection had been received from Cllr Haley.

The site was located on the east side of Avenue Road, in St Ann’s Conservation Area.  The property was a small single storey bungalow in a residential area.  It was considered that the existing building was of no particular architectural or historic interest and that the proposed dwelling would be in keeping with the character and appearance of the street scene.

An objector addressed the Committee and disputed that the existing building was of no architectural merit.  The current bungalow was unique, had unusual features, was charming, approximately one hundred years old and was a treasured building.  It was considered to be part of the heritage in St Ann’s Conservation Area.

The applicant advised the Committee that he had submitted an application some months previous which had been refused.  He had consulted officers and had now resubmitted an improved single storey building in Avenue Road.  The proposed development matched other buildings on the road and was designed as a family dwelling.  The current building warranted no architectural merit as outlined in the Conservation Area Officer’s report as opposed to the proposed scheme.  

RESOLVED

The Committee agreed to grant the application subject to conditions.

INFORMATION RELATING TO APPLICATION REF: HGY/2007/1626

FOR PLANNING COMMITTEE DATED 04/12/2007

Location: 18 Avenue Road N15

Proposal: Demolition of existing single storey dwellinghouse and erection of 2 storey five bedroom dwellinghouse.

Recommendation: Grant subject to conditions

Decision: Grant subject to conditions

Drawing No’s: 0702/001, 002, 100, 101, 102, 110 & 111.

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 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.

4.       That a detailed scheme for the provision of refuse and waste storage within the site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the works. Such a scheme  ...  view the full minutes text for item 96.

Conservation Area Consent for demolition of existing single storey dwelling house and erection of 2 storey five bedroom dwelling house.

RECOMMENDATION: Grant permission subject to conditions.

The Committee was asked to consider Conservation Area Consent for the demolition of existing single storey five bedroom dwelling house and erection of a two storey five bedroom dwelling house.

RESOLVED

That Conservation Area Consent was agreed as planning permission for the application outlined in PC96 above was granted.

INFORMATION RELATING TO APPLICATION REF: HGY/2007/1627

FOR PLANNING COMMITTEE DATED 04/12/2007

Location: 18 Avenue Road N15

Proposal: Conservation Area Consent for demolition of existing single storey dwellinghouse and erection of 2 storey five bedroom dwellinghouse.

Recommendation: Grant subject to conditions

Decision: Grant subject to conditions

Drawing No’s: 0702/001, 002, 100, 101, 102, 110 & 111.

Conditions:

1.       The demolition hereby permitted shall not be undertaken before a contract for the carrying out of the works for redevelopment of the site has been made and planning permission granted for the redevelopment for which the contract provides.

Reason: In order to ensure that the site is not left open and vacant to the detriment of the character and visual amenities of the locality.

REASONS FOR APPROVAL

The proposal demolition would not result in adverse impact upon the conservation area, as such is not contrary to the Policies UD3 'General Principles', UD4 'Quality Design', also SPG1a 'Design Guidance' and SPG3b 'Privacy, Overlooking, Aspect, Outlook & Daylight / Sunlight' of the Haringey Unitary Development Plan.

Section 106: No

Renewal of planning permission HGY/2006/1222 for the continuation of permission for use as a Day Nursery.

RECOMMENDATION: Grant permission subject to conditions.

The Committee was informed that this application was a renewal of planning permission HGY/2006/1222 for the continuation of permission for use as a Day Nursery opened on a previous temporary permission.

The Committee was asked to consider a further temporary planning condition and grant permission to expire in 2008.

The Committee queried why permission could not be granted for three years instead of one.  The officer informed the meeting that consultation was on the basis of the application being for one year and that the Committee could not extend the application.

RESOLVED

That temporary permission be granted subject to conditions with a temporary expiry date of 3 December 2008.

INFORMATION RELATING TO APPLICATION REF: HGY/2007/1947

FOR PLANNING COMMITTEE DATED 04/12/2007

Location: 24 Willoughby Road N8

Proposal: Renewal of planning permission HGY/2006/1222 for the continuation of permission for use as a Day Nursery.

Recommendation: Grant subject to conditions

Decision: Grant subject to conditions

Drawing No’s: No drawings.

Conditions:

1.       That this permission shall be for a limited period expiring on 3rd December 2008 when the use hereby approved shall be discontinued and determined and the land reinstated to the satisfaction of the Local Planning Authority.

Reason: In order to enable the Local Planning Authority to review and assess the use following experience after a period of operation.

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.       No more than 30 children including babies under 12 months, shall occupy the premises at any one time.

Reason: In order to limit the total number of occupants in the interests of the amenity of current and future occupants in the premises and locality.

4.       The use hereby permitted shall not be operated before 0800 or after 1800 hours on Mondays to Fridays and not at all on Saturdays and Sundays.

Reason: This permission is given to facilitate the beneficial use of the premises whilst ensuring that the amenities of adjacent residential properties are not diminished.

5.       That the parking spaces shown on the frontage shall be provided prior to the commencement of the use and permanently retained to the satisfaction  of the Local planning Authority and be kept free during operating hours, for vehicles  to drop off and collect children and shall be permanently retained and used in connection with the use.

Reason: In order to ensure that the approved standards of provision of garages and parking spaces are maintained.

REASONS FOR APPROVAL

The day nursery use was previously granted at Committee on 27 June 2005; however it was not officially opened until September 2007. Therefore it is considered that the use will need a reasonable period of time to monitor in order to assess any possible impact on neighbourhood. The location is considered to be well suited for nursery use and  ...  view the full minutes text for item 98.

To inform the Planning Committee of a decision taken by the Chair under Urgency procedures or delegated authority.

The Committee was asked to note a decision taken by the Chair under urgency procedures or delegated authority.

RESOLVED

That the report be noted.

To consider any items admitted at item 2 above.

There were no new items of urgent business.

The next site visits would take place on Friday 4 January 2008 at 9:30am.

Monday 7 January 2008 at 7:00pm.

Monday 7 January 2008.

The meeting concluded at 9:15pm.