Agenda and minutes

Regulatory Committee
Monday, 1st July, 2019 7.00 pm

Venue: Civic Centre, High Road, Wood Green, N22 8LE. View directions

Contact: Felicity Foley, Acting Committees Manager 

Items
No. Item

59.

FILMING AT MEETINGS

Please note this meeting may be filmed or recorded by the Council for live or subsequent broadcast via the Council’s internet site or by anyone attending the meeting using any communication method.  Although we ask members of the public recording, filming or reporting on the meeting not to include the public seating areas, members of the public attending the meeting should be aware that we cannot guarantee that they will not be filmed or recorded by others attending the meeting.  Members of the public participating in the meeting (e.g. making deputations, asking questions, making oral protests) should be aware that they are likely to be filmed, recorded or reported on.  By entering the meeting room and using the public seating area, you are consenting to being filmed and to the possible use of those images and sound recordings.

 

The Chair of the meeting has the discretion to terminate or suspend filming or recording, if in his or her opinion continuation of the filming, recording or reporting would disrupt or prejudice the proceedings, infringe the rights of any individual, or may lead to the breach of a legal obligation by the Council.

Minutes:

The meeting was not filmed or recorded.

60.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Mitchell, Ross and Say.

 

Apologies for lateness were received from Councillor Hakata.

61.

Urgent business

The Chair will consider the admission of any late items of urgent business. Late items will be dealt with under the agenda item where they appear. New items will be dealt with at item 12 below.

Minutes:

None.

62.

Declarations of interest

A member with a disclosable pecuniary interest or a prejudicial interest in a matter who attends a meeting of the authority at which the matter is considered:

 

(i) must disclose the interest at the start of the meeting or when the interest becomes apparent, and

(ii) may not participate in any discussion or vote on the matter and must withdraw from the meeting room.

 

A member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Register of Members’ Interests or the subject of a pending notification must notify the Monitoring Officer of the interest within 28 days of the disclosure.

 

Disclosable pecuniary interests, personal interests and prejudicial interests are defined at Paragraphs 5-7 and Appendix A of the Members’ Code of Conduct

Minutes:

Councillor Bevan informed the Committee that his house was mentioned as part of the Conservation Area Appraisal and Management Plans.

63.

Minutes pdf icon PDF 117 KB

To approve the minutes of the meeting held on 21 January 2019 and 20 May 2019.

Additional documents:

Minutes:

RESOLVED that the minutes of the meetings held on 21 January 2019 and 20 May 2019 be approved as a correct record.

64.

Annual update on Licensing Authority Activity: Council Year 2018 - 2019 pdf icon PDF 171 KB

Report to follow

Minutes:

This item was deferred.

65.

Adoption of Conservation Area Appraisal and Management Plans for Bruce Castle, Tottenham Cemetery, Tower Gardens and Peabody Cottages pdf icon PDF 411 KB

This report seeks Cabinet’s approval for the adoption of four draft conservation area appraisal and management plan documents covering Bruce Castle, Tottenham Cemetery, Tower Gardens and Peabody Cottages Conservation Areas.

Additional documents:

Minutes:

Lucy Morrow, Conservation Officer, introduced the report as set out.  There were four conservation areas which had been previously considered by the Committee in November 2018.  The consultation period for these had now finished, with generally positive feedback and some minor changes received (as set out in Appendix two).  The Regulatory Committee were asked to note the finalised documents and recommend them to Cabinet for approval.

 

In response to comments from the Committee it was advised that:

-           38 people had responded.  The public consultation had been advertised on the Council’s website, the local papers, 2400 homes and statutory consultees had been contacted directly.

-           Satellite dishes were referred to in the design guidance section of the report.  Powers to enforce removal would be covered under the Article 4 legislation.

-           Homes for Haringey were included in the draft consultation, and would be provided with a copy of the final documents.

 

RESOLVED that the Committee

 

i.          Note the comments received to the consultation, and how these have been taken into account in finalising the draft documents (described in paragraphs ­6.9-6.20 and set out in detail in Appendices 1 and 2).

 

ii.       Note the finalised Conservation Area Appraisal and Management Plans as attached at Appendices 4-7 and the changes to the Conservation Area boundaries detailed in Appendix 3.

 

iii.      Recommend to Cabinet that it approves the adoption and publication of the finalised Conservation Area Appraisal and Management Plans as attached at Appendices 4-7.

 

iv.       Recommend to Cabinet that it authorises changes to Conservation Area boundaries detailed in Appendix 3.

66.

Proposed revised Article 4 directions for the following Conservation Areas: Noel Park, Peabody Cottages, Rookfield Estate, Tower Gardens pdf icon PDF 5 MB

This report outlines the proposed revisions to the existing Article 4 directions for consideration by the Committee, and requests that these revisions are endorsed by the Committee for approval by the Cabinet.

Additional documents:

Minutes:

Rob Krzyszowski, Head of Planning Policy, Transport & Infrastructure, introduced the report as set out.  Article 4 directions restricted permitted development rights in four of the borough’s Conservation Areas (Noel Park, Peabody Cottages, Rookfield Estate and Tower Gardens.  The report updated the current directions to clearly set out what residents can and cannot do.  It was proposed that a one year notice period be set, which would minimise the amount of compensation the Council could be liable for.

 

In response to comments it was advised that:

-           There would be future tranches of areas covered by Article 4 directions, and new areas would need to be considered on balance.

-           An Article 4 direction would require the public to apply for planning permission for works which would usually be covered under permitted development rights – however this did not mean that planning permission would be refused.

-           Information would be available to the public on the Council’s website and through the local Conservation Area Advisory committees.

 

RESOLVED that the Committee

 

i.          Note the regulatory requirements for the cancellation of existing Article 4 directions and the making of new Article 4 directions, as prescribed by the Town and Country Planning (General Permitted Development) (England) Order 2015;

 

ii.         Note and recommends to Cabinet that it adopt the justification herein provided to support the replacement of the existing Article 4 directions referred to below;

 

iii.       Recommends to Cabinet to approve the making of the new Article 4 directions for Noel Park, Peabody Cottages, Rookfield Estate and Tower Gardens outlined below on a non-immediate basis to withdraw permitted development rights in the respective Conservation Areas and to expand the geographical scope of the directions for Noel Park, Tower Gardens and Rookfield Estate as set out in Appendix A;

 

iv.       Recommends to Cabinet that the Director for Housing, Regeneration & Planning be authorised to approve the cancellation of the existing Article 4 directions for Noel Park, Peabody Cottages, Rookfield Estate and Tower Gardens at the same time as their replacements are confirmed; and,

 

v.         Recommends to Cabinet that the Director for Housing, Regeneration & Planning be authorised to carry out the necessary publicity, notification, consultation and subsequent decision on whether to confirm the directions, as prescribed by the Town and Country Planning (General Permitted Development) (England) Order 2015, in that respect.

67.

Haringey Self-Build and Custom-Build Register - Eligibility Criteria and Charging Fees pdf icon PDF 332 KB

This report seeks Regulatory Committee endorsement to introduce two local eligibility criteria - a location connection test and a financial resources test - to qualify for inclusion on Haringey’s self-build register, as well as the introduction of a registration and renewal fee.

 

Additional documents:

Minutes:

Rob Krzyszowski, Head of Planning Policy, Transport & Infrastructure, introduced the report as set out.  Self-build had been identified by the Government as part of the solution for the national housing crisis.  Each Council needed to maintain a register of people who have expressed an interest in self-build.  There was no criteria to join the waiting list – people could apply from anywhere in the country, and did not need to prove that they had the means to build a property.  It was considered that the existing list was too long, and that criteria should be set for inclusion on the list.  It was proposed to use the same criteria as for the housing register – a local connection; and a financial resources test.  It was also proposed that there should be a fee of £144 to join the register, and an annual fee of the same amount to continue to stay on the register.  This should reduce the list significantly, and ease the burden on the Council to provide land for self-builds.

 

In response to questions from the Committee it was advised that:

-       Fees could only be set at a level to cover the costs of running the service – no profit could be made.

-       The self-build legislation was around the Council providing the land.  If a member of the public owned land and wanted to self-build then this would follow the usual planning permission route.

 

RESOLVED that the Committee recommends

 

i.          Cabinet to agree the introduction of the local connection test (see section 6) to qualify for inclusion on Part 1 of the Haringey Self-build Register;

 

ii.         Cabinet agrees the introduction of the financial resources test (see section 6) to qualify for inclusion on Part 1 and Part 2 of the Haringey Self-build Register;

 

iii.        Cabinet agrees to charging a £144 (inclusive of VAT) fee for registration of valid applications to the Haringey Self-build Register; and an annual re-registration fee of £144 (inclusive of VAT) to remain on Part 1 of the register thereafter.;

 

iv.       Cabinet agrees to maintain the existing entries on the register until 30 October 2019 after which date they will be re-assessed against the new eligibility criteria and subject to payment of the £144 annual fee for Part 1 registrations.

68.

Planning Services 2018/19 year end Development Management and Building Control performance update pdf icon PDF 259 KB

A report on the work of the Development Management and Building Control services in the financial year 2018/19 (April – March).

Minutes:

Emma Williamson, Assistant Director for Planning, Building Standards and Sustainability, introduced the report as set out. 

 

In response to questions from the Committee, officers advised that:

-           In terms of overturns of refusals at appeal, the service was currently at 3% - the threshold was 10%.  Because the number of major applications determined by the Planning Committee was relatively low, it would currently take a further 6 appeals to be lost in order to reach the threshold.  There were appeals in the pipeline, but the timing of decisions may mean that the service would escape designation in January 2020.  A report would be developed to look at the number of decisions made in the last two years, and the appeal outcomes.

-           The service had one design officer, which was not unusual for the amount of major applications received per year.

 

RESOLVED that the report be noted.

69.

2019 Quarter 1 Work Report - Planning Services pdf icon PDF 308 KB

A report on the work of the Planning Service in January -June 2019 as well as figures for the application performance in the last financial year.

Minutes:

Rob Krzyszowski, Head of Planning Policy, Transport & Infrastructure, introduced the report as set out. 

 

In response to questions from the Committee, officers advised that:

-           The CIL rates were already reported as part of the Annual Monitoring Report, but there would be a requirement from December 2020 to publish an annual Infrastructure Funding Statement.

-           Highgate was currently the only area with a Neighbourhood Plan. 25% of CIL money raised in Highgate could be spent on Highgate Neighbourhood Projects.  Crouch End, Finsbury Park and Stroud Green were working towards plans.

-           Any strategic CIL spends would usually be subject to a decision by Cabinet as part of the Capital Programme.

 

RESOLVED that the report be noted.

70.

New items of urgent business

To consider any new items of urgent business admitted under agenda item 3 above.

Minutes:

None

71.

Dates of future meetings

Minutes:

15 October 2019