Agenda and draft minutes

Apologies for absence were received from Councillor Wilson and Councillor Oakes 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 16 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:

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

No petitions or deputations were received.

To confirm and sign the Minutes of the Planning Committee held on 8^th June 2009.

RESOLVED:

That the minutes of the meeting held on 8 June 2009 be confirmed as a correct record.

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

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

It was noted the period above fifty per cent of the cases determined by the DCLG had been allowed.

The Committee was advised that when an Enforcement Notice was issued it set out the measures that were required to achieve compliance. Therefore if an Enforcement Notice was upheld on appeal a further Compliance Notice was not required.

It was requested that the Committee should receive a copy of the Enforcement Notice issued in relation to 98 Hewitt Road.

In response to a query the Committee was advised that officers were currently carrying out a piece of work mapping decisions made in the East and West of the Borough. It was anticipated a report providing an analysis of the information gathered would be submitted to the Committee in September.

RESOLVED:

1. That the report be noted.

2. That the Enforcement Notice with respect to 98 Hewitt Road be circulated to the Committee.

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 18 May 2009 and 21 June 2009.

The Committee received a report detailing the decision made under delegated authority by the Heads of Development Management (North and South) and the Chair of the Planning Committee.

In response to a query the Committee was advised that where an application fitted the criteria for refused under delegated authority there was no provision for it to be brought to the Committee for consideration.  If the decision was appealed objectors would be informed of the appeal and would be able to reiterate their objections to the Planning Inspector considering the appeal.

RESOLVED:

That the report be noted.

To advise the Committee of Performance Statistics for Development Control and Planning Enforcement Action since the 8^th June 2009 Committee meeting.

The Committee considered a report that provided an overview of performance statistics with respect to Development Control and Planning Enforcement.

It was noted that during May no Major applications had been determined and that 79% of Minor applications had been determined within eight weeks. In addition 88% of other applications received had been determined within eight weeks.

In terms of performance during the year to date no Major applications had been determined and 88% of Minor applications had been determined within eight weeks. In addition 91% of other applications had been determined within eight weeks.

It was noted that performance against appeals against refusal, which were upheld on appeal, was below target and officers were considering how performance in this area could be improved. 

In response to a query as to how officers detected where there may be an Enforcement issue the Committee was advised that, although the Enforcement Team was developing a more proactive approach, it primarily relied upon members of the public drawing issues to their attention.

The Committee was advised that, at present, the Council Tax data base and the systems used by the Development Control team were not integrated and therefore officers had to cross check information.

It was noted that there was currently a Working Group looking at unlawful conversions and how working arrangements could be developed to improve the Councils approach to identifying these. By September a new protocol, which was being devised by the Group, would be in place to with regard to cross checking applications for conversions with the Council Tax data base before certificates of lawfulness could be issued.

RESOLVED:

That the report be noted.

To confirm the following Tree Preservation Orders:

1. Rear garden, 42A Weston Park, N8

The Committee received a report requesting that it confirm a Tree Preservation Order for a Sycamore tree at 42 A Weston Park.

RESOLVED:

That the Tree Preservation issued for a Sycamore tree at 42A Weston Park be confirmed.  

Demolition of existing single storey rear building, erection of a new 2 storey rear wing to provide new operating theatre suite; erection of a two storey extension to existing rear wing to provide 14 additional single patient rooms and storage space;. New plantroom space and some refurbishments to the existing building. Creation of a waste store to the front of the building.

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.

A Members site visit had taken place prior to the meeting.

It was noted that, in addition to those listed in the report, further representations had been received from the Fire Brigade stating that the current application did not meet fire regulations.

Further objections had also been received from Councillor Allison and Councillor Williams on the following grounds:

• The additional delivery’s to the hospital would cause disturbance to local residents
• Insufficient parking
• Loss of privacy
• Potential conversion to residential use

The Highgate Society had also raised objections on the following grounds:

• Use of hard surfacing would set an undesirable precedent
• The proposed development would constitute over development 
• Loss of trees on the site was unacceptable

The Committee discussed the application and in response to concerns that the Arboriculture Report had not identified any trees that should be protected with a TPO the Committee was advised that none of the trees on the site were considered to be of sufficient significance to merit a TPO.  There was a criteria against which trees were assessed that took into account the species age and health of a tree.

It was noted that the objections raised by the Fire Brigade were not sufficient to warrant refusal as they were dealt with under separate regulations.

Concern was raised that the additional pressure placed on parking would be greater than suggested. It was contended that the number of staff already parking in nearby streets put unacceptable pressure on residents.

Councillor Wilson addressed the Committee and noted that he considered that the proposal would constitute over development and that it would have an unacceptable impact upon the residential amenity of number 21.

He noted that trees situated in the north west of the site would need to be felled significantly to allow for construction and that this would alter the character of site appreciably. Similarly the bulk and size of the proposal was out of character with existing street scene.

Councillor Wilson noted that if the current Controlled Parking Zone (CPZ) was extended this would mean that staff would have to find alternative areas to park and this would place pressure on surrounding streets.

Mr Cuss, the applicants architect, spoke in support of the application and following his statement he answered questions from the Committee. It was confirmed that the applicant was happy to make the amendments required by the Fire Brigade.

In response to a question Mr Cuss advised that a survey had been carried out to assess the loss of light and the impact of this upon properties adjacent to the site. This had concluded that there was virtually no impact to the higher levels.

Mr Cuss advised that an extensive landscaping scheme would be employed and that the additional wing being built would not cause a loss of light that would inhibit  ...  view the full minutes text for item 23.

Erection of part single / part two storey / part three storey, rear, side  and front extensions and use of whole building as a cultural/community centre (renewal of unexpired and unimplemented planning permission HGY/2004/0597).

RECOMMENDATION: Grant permission subject to conditions.

The Committee was advised that this item had been withdrawn at the request of the applicant.  

Demolition of existing music teaching rooms and two temporary buildings and erection of new music teaching faculty.

RECOMMENDATION: Grant permission subject to conditions.

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

A Members site visit had taken place prior to the meeting.

RESOLVED:

That, subject to the conditions set out in the report, planning application reference HGY/2009/0659 be approved.

At the conclusion of discussion on this item the Committee agreed that a training session should be arranged with respect to Sustainability issues.  

INFORMATION RELATING TO APPLICATION REF: HGY/2009/0659

FOR PLANNING COMMITTEE DATED 13/07/2009

Location: Fortismere School North Wing, Creighton Avenue N10

Proposal: Demolition of existing music teaching rooms and two temporary buildings and erection of new music teaching faculty.

Recommendation: Grant subject to conditions

Decision: Grant subject to conditions

Drawing No’s:

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 construction 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. A detailed landscape plan and planting scheme for the proposed landscaped areas in the north and south wing shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of construction. The planting scheme shall be fully implemented by the end of the first planting season, after completion of the development.

Reason: In order to ensure appropriate landscaping is undertaken in the interest of biodiversity and visual amenity.

5. A Tree Protection Plan shall be submitted to and approved by the Local Planning Authority prior to commencement of development, which shall include details of Root Protection Areas (RPA) and tree protection fencing must be erected as agreed within the Tree Protection Plan.

Reason: In order to ensure the safety and well being of the trees on the site during constructional works that are to remain after building works are completed.

6. A pre-commencement site meeting must take place with the Architect, the local authority Arboriculturist, Consulting Arboriculturist and the Construction Site Manager, to confirm the protective measures to be implemented, not less than 28 days prior to commencement of development.

Reason: In order  ...  view the full minutes text for item 25.

Change of use to the first floor void and ground floor of Block F from doctor's surgery, crèche and A3 use to 8 residential units comprising 2 x one bed, 4 x two bed and 2 x three bed with associated private amenity space.

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

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

A site visit had taken place prior to the meeting.

The Committee was advised that following a meeting between the Neighbourhoods Team and Housing Team it had been agreed that £200K, which had been contributed as part of the Section 106 Agreement, should be commuted to other Affordable Housing schemes in the Borough.

Members expressed concern at the proposed change of use as the original development had been agreed on the basis that there would be an element of Community space provided. Concern was also raised with regard to the commuting of the Affordable Housing contribution and it was contended that the sum of £200K did not compensate for the loss of Affordable Housing units within the scheme.

There was a general consensus that the loss of these elements constituted a different proposal to that originally approved by the Committee.

In response to a query the Committee was advised that the proposed units met the requirements guidelines around minimum floor space.

The Committee was advised that Planning Policy ?? related to existing community facilities and as the application did not relate to and existing community facility it could not be applied in this case.

RESOLVED:

That planning application reference HGY/2009/0792 be refused ??

INFORMATION RELATING TO APPLICATION REF: HGY/2009/0792

FOR PLANNING COMMITTEE DATED 13/07/2009

Location: Fyfe House, Chadwell Lane N8

Proposal: Change of use to the first floor void and ground floor of Block F from doctor's surgery, crèche and A3 use to 8 residential units comprising 2 x one bed, 4 x two bed and 2 x three bed with associated private amenity space.

Recommendation: Grant subject to conditions and Legal Agreement

Decision: Refused

Drawing No’s: 3073/PL.21, 3073/PL.22, 3073/PL.23, 3073/PL.24, 3073/PL.25, 3073/PL.26, 3073/PL.27, 3073/PL.28, 3073/PL.28, 3073/PL.30, 3073/PL.31, 3073/PL.32, 3073/PL.33, 3073/PL.34 & 3073/PL.35.

Reasons:

1. The authorised use of the ground floor of this block is for a Doctor's surgery, crèche and A3 use, by virtue of planning permission HGY/2002/0245. Whilst it is acknowledged that the provision of a Doctor's surgery here was not pursued by the Haringey Primary Care Trust, the Council considers that insufficient case has been made out for the loss of a Community Facility. Given the existence of 619 residential units within New River Village with no community facility other than a gym, the conversion of the ground floor to provide a further 8 flats would worsen the imbalance between residential and community facilities.

The proposal is thus contrary to Policy CW2 of the Haringey Unitary Development Plan, 'Protecting Existing Community Facilities,' which states that the change of use or demolition of a community facility will only be granted (a) if the facility is derelict or out of use, and no other groups are willing or able to use it and (b) if alternative accommodation is provided.

2. The proposal fails to make provision for Affordable Housing or  ...  view the full minutes text for item 26.

Change of use from B8 (Storage/Distribution) to D1 (a place of worship, a youth forum, a training facility, a crèche/ nursery and an older peoples meeting point).

RECOMMENDATION: Grant permission subject to conditions.

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

A site visit had taken place prior to the meeting.

In response to concerns raised with regard to the positioning of the proposed play area the Committee was advised that the conditions attached to the scheme required that details of area should be submitted for approval. This could be expanded to specify the type of fencing required.

It was suggested that the existing condition relating to noise should be strengthened and the legal officer present was asked to construct a form of wording to reflect this.

It was noted that the nearby Children’s Centre was currently being refurbished and it was suggested that the Neighbourhood Management Team should look at how a coordinated approach could be adopted to the area. 

The Committee agreed that there should be

INFORMATION RELATING TO APPLICATION REF: HGY/2009/0910

FOR PLANNING COMMITTEE DATED 13/07/2009

Location: 333 High Road N22

Proposal: Change of use from B8 (Storage / Distribution) to D1 (a place of worship, a youth forum, a training facility, a crèche / nursery and an older peoples meeting point).

Recommendation: Grant subject to conditions

Decision: Grant subject to conditions

Drawing No’s: 2667/1, 2667/3, 2667/4, 2667/5 & 2667/6.

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. Details of all external changes to the building shall be submitted to and approved in wiring by the Local Planning Authority and thereafter the development hereby authorised shall be carried out in complete accordance with the approved plans and specifications.

Reason: To safeguard the appearance of the building and the amenities of nearby residents.

3. Notwithstanding the location of an external play area for the Day Nursery shown on drawing No. 2667/6, detailed plans showing the location of an external play area for the Day Nursery at the rear of the existing building, within the car park area, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of use of the Day Nursery: such plans shall indicate fencing and surfacing to the external play area and shall have been prepared to meet the requirements by OFSTED.

Reason: In order that the Council may be satisfied as to the provision of secure external play space, for the proposed Day Nursery.

4. The use hereby authorised may only be carried out between 08:00 hours and 22:00 hours Mondays to Saturdays and 9.00 hours and 18.00 hours on Sundays and Public Holidays.

Reason: To ensure that the use operates in a satisfactory manner and does not unduly disturb nearby residential occupiers or prejudice local amenity.

5. Prior to the use commencing,  ...  view the full minutes text for item 27.

To consider any items admitted at item 2 above.

No new items of Urgent Business were received.

Tuesday, 15 September 2009, 7pm.

The Committee was asked to note that date of the next meeting:

15 September 2009, 7pm.