Agenda and minutes

To approve as an accurate record, and the Chair to sign, the minutes of the meetings of the Committee held on 11 and 25 July 2017.

The minutes of the meeting of the Planning and Development Control Committees held on 11 July 2017 and 25 July 2017 be confirmed and signed as an accurate record of the proceedings.

Apologies for absence were received from Councillor Jacqueline Borland.

If a Councillor has a disclosable pecuniary interest in a particular item, whether or not it is entered in the Authority’s register of interests, or any other significant interest which they consider should be declared in the public interest, they should declare the existence and, unless it is a sensitive interest as defined in the Member Code of Conduct, the nature of the interest at the commencement of the consideration of that item or as soon as it becomes apparent.

At meetings where members of the public are allowed to be in attendance and speak, any Councillor with a disclosable pecuniary interest or other significant interest may also make representations, give evidence or answer questions about the matter.  The Councillor must then withdraw immediately from the meeting before the matter is discussed and any vote taken.

Where Members of the public are not allowed to be in attendance and speak, then the Councillor with a disclosable pecuniary interest should withdraw from the meeting whilst the matter is under consideration. Councillors who have declared other significant interests should also withdraw from the meeting if they consider their continued participation in the matter would not be reasonable in the circumstances and may give rise to a perception of a conflict of interest.

Councillors are not obliged to withdraw from the meeting where a dispensation to that effect has been obtained from the Audit, Pensions and Standards Committee. 

Councillor Wesley Harcourt declared a non pecuniary interest in respect of 2 Scrubs Lane as he is the LBHF delegate sitting on the OPDC Planning Committee. He remained in the meeting but did not participate or vote on the item.

Councillor Natalia Perez declared a non pecuniary interest in respect of 2 Scrubs Lane as she is the LBHF delegate sitting on the OPDC Planning Committee. She remained in the meeting but did not participate or vote on the item.

Councillor Michael Cartwright declared a non pecuniary interest in respect of 2 Scrubs Lane as he is the LBHF substitute delegate sitting on the OPDC Planning Committee. He left the meeting and did not participate or vote on the item.

Councillor Adam Connell declared a non pecuniary interest in respect of 2 Scrubs Lane as he is the LBHF substitute delegate sitting on the OPDC Planning Committee. He remained in the meeting but did not participate or vote on the item.

Councillor Alex Karmel declared a pecuniary interest in respect of 2 Scrubs Lane as he one of the companies he works for had some involvement with the application. He left the meeting and did not participate or vote on the item.

In view of members of the public present for particular applications and the need for the Chair to hand over to the Vice-Chair for 2 Scrubs Lane, the Chair proposed that the agenda be re-ordered, with which the Committee agreed, and the minutes reflect the order of the meeting.

Please see the Addendum attached to the minutes which amended the report.

The Committee heard a representation in objection to the application by two members of the Shepherds Bush Market Tenants Association. Some of the points raised included: the consultation letters (for revisions to the application) were received less than 7 days before the closing date of the consultation which meant there was limited time in which to respond. The containers were sited without permission and the proposal was a retrospective application to legitimise this action. Concerns were raised regarding conditions 16 to 33 of the Officers’ report. The area needed a long term solution for regeneration not a temporary one. The Committee were urged to conduct a site visit before a decision was taken.

The Committee heard a representation from the Applicant. Some of the points raised included: The rationale behind the application was to increase footfall in the area (including Shepherds Bush Market) and enhance commercial opportunities. The containers provided affordable workspace and supported food and beverage sales as well as storage facilities. The Applicant hoped the market traders would take advantage of the facilities.

In the course of discussions, Councillor Karmel proposed that the decision was deferred for a site visit. This proposal was seconded by Councillor Ivimy. This was put to the vote and the result was as follows:

For:

2

Against:

7

Not Voting:

0

Councillor Karmel noted that Conditions 4 and 5 within the Officer report appeared to contradict each other and that if the application were to be approved that they would require amendment. Committee seconded this proposal.

The Committee voted on application 2017/01887/FUL and whether to agree the officer recommendation of approval and the changes set out in the addendum. This was put to the vote and the result was as follows:

For:

2

Against:

7

Not Voting:

0

The Committee voted on a motion to refuse the application. This was put to the vote and the result was as follows:

For:

8

Against:

1

Not Voting:

0

RESOLVED THAT:

Planning Application 2017/01887/FUL be refused for the following reasons:

·        The impact of the proposal on the adjoining conservation area.

·        The impact on the adjoining hostel and residents.

·        The creation of additional parking pressures.

·        The proposed use will increase footfall which will be to the detrimental to the retail character and shopping function of Shepherds Bush Market.

·        Inadequate cycle provision.

·        Inadequate disabled access to the first floor units.

Please see the Addendum attached to the minutes for further details.

            On the advice of the Legal Officer, Councillor Connell requested that the Committee move into private session in order to discuss commercially sensitive information to which the Committee agreed:

RESOLVED THAT:

Exclusion of Press and Public

That under Section 100A (4) of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the following item of business on the grounds that they contain information relating to the financial or business affairs of a person (including the authority) as defined in paragraph 3 of Schedule 12A of the Act, and that the public interest in maintaining the exemption currently outweighs the public interest in disclosing the information.

All members of the Public were asked to leave the meeting Committee at 8:25 pm. The Public returned at 9.05 pm and the open part of the meeting resumed on the application report. 

The Committee voted on whether to approve the application 2017/9320/VAPO and the results were as follows:

For:

0

Against:

9

Not Voting:

0

The Committee voted on whether to refuse application 2017/9320/VAPO and the results were as follows:

For:

9

Against:

0

Not Voting:

0

The Committee  considered that the provision of off-site affordable housing was inferior to the provision of on-site affordable housing.

            RESOLVED THAT:

The Committee resolved to overturn the officer recommendation of approval of the application and refuse the officer recommendation.

Please see the Addendum attached to the minutes which amended the report.

Councillor Wesley Harcourt declared a non pecuniary interest in respect of 2 Scrubs Lane as he is the LBHF delegate sitting on the OPDC Planning Committee. He remained in the meeting but did not participate or vote on the item.

Councillor Natalia Perez declared a non pecuniary interest in respect of 2 Scrubs Lane as she is the LBHF delegate sitting on the OPDC Planning Committee. She remained in the meeting but did not participate or vote on the item.

Councillor Michael Cartwright declared a non pecuniary interest in respect of 2 Scrubs Lane as he is the LBHF substitute delegate sitting on the OPDC Planning Committee. He left the meeting and did not participate or vote on the item.

Councillor Adam Connell declared a non pecuniary interest in respect of 2 Scrubs Lane as he is the LBHF substitute delegate sitting on the OPDC Planning Committee. He remained in the meeting but did not participate or vote on the item.

Councillor Alex Karmel declared a pecuniary interest in respect of 2 Scrubs Lane as he one of the companies he works for had some involvement with the application. He left the meeting and did not participate or vote on the item

In the absence of the Chair, the Vice-Chair chaired the item.

The Committee voted on planning application 2017/02737/OPDOBS and the results were as follows:

For:                

4

Against:  

0         

Not Voting:

0

RESOLVED THAT:

That the officer comments set out in the report be agreed.