Agenda and minutes

To approve as an accurate record, and the Chair to sign, the minutes of the meeting of the Committee held on 3^rd September 2019.

The minutes of the meeting of the Committee held on 3 September 2019 were deferred until the next meeting. Several amendments to the minutes were proposed. The Chair proposed that in relation to Item 5 – 32a Vereker Road that the last paragraph be amended to:

The Chair provided the following reasons to support the Committees decision to refuse the officer recommendations: that the proposed application was not in keeping with the character of the Barons Court Conservation Area and would harm the appearance of the area, that the application was also considered to be unneighbourly and result in an unacceptable impact on neighbouring amenity including light pollution, overlooking and loss of privacy; and finally that it would represent an over-development providing a substandard level of accommodation

This was seconded by Councillor Colin Aherne.

Councillor Alex Karmel proposed that in relation to Item 5 – 32a Vereker Road that the minute related to his motion be amended to:

Cllr Karmel,  seconded by Cllr Thorley, proposed that the Committee should decline to determine the application under Section 73 of the TCPA as the application was similar to previously determined applications. Officers refused this request stating that it was ultra vires. Cllr Karmel then proposed,  seconded by  Cllr Thorley,  that the Committee should defer the application to seek further legal advice.

This was seconded by Councillor Matt Thorley.

Apologies for absence were provided by Councillor Matt Uberoi.

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 Mitre Yard, 104-108 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 Mitre Yard, 104-108 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 Alex Karmel declared a non pecuniary interest in respect of the Castle Centre as he was a member of a club in the vicinity. He remained in the meeting and voted on the item.

At the start of the meeting and due to the amount of public interest in the application, the Chair confirmed that in view of late representations received since the publication of the agenda from residents in objection to the application, and the local interest the application had generated, officers had withdrawn the item from the agenda.

In view of members of the public present for particular applications 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 made minor changes to the report.

Councillor Alex Karmel declared a non pecuniary interest in respect of the Castle Centre as he was a member of a club in the vicinity. He remained in the meeting and voted on the item.

The Committee heard representations from representatives of the Applicant. A number of points were raised which included: The building had been at risk until the Applicant had repaired it and secured its future. Should the application be approved, the applicant would respect the buildings’ heritage. A number of local groups supported the application. The application would preserve and enhance the character and appearance of the Hurlingham Conservation Area. The Applicant had worked with local residents on the proposed design, which had been designed to meet local social needs.

During the course of discussions, the Committee explored a number of issues including: the ramifications of demolishing the listed summer house, the treatment of the boundary wall and the transport implications, including the impact of the estimated visitors’ numbers on local residents.

Further points of discussion included: The timing and reliability of the traffic survey, the proximity of the site to local transport infrastructure and the local need for care homes.

The Committee voted on application 2019/00732/FUL and whether to agree the officer recommendations of approval. This was put to the vote and the result was as follows:

Officer Recommendation 1:

For:

6

Against:

1

Not Voting:

0                          

Officer Recommendation 2:

For:

7

Against:

0

Not Voting:

0

            RESOLVED THAT:

1)    To resolve that the Strategic Director, the Economy, be authorised to determine the application and grant permission up on the completition of a satisfactory legal agreement.

2)    To authorise the Strategic Director, The Economy, after consultation with the Director of Law and the Chair of the Planning and Development Control Committee to make any minor changes to the proposed conditions or heads of terms of the legal agreement any such changes shall be within their discretion.

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

Councillor Alex Karmel declared a non pecuniary interest in respect of the Castle Centre as he was a member of a club in the vicinity. He remained in the meeting and voted on the item.

The Committee voted on application 2019/00733/LBC and whether to agree the officer recommendations of approval and changes set out in the addendum. This was put to the vote and the result was as follows:

Officer recommendation 1:

For:

5

Against:

2

Not Voting:

0

Officer recommendation 2:

For:

7

Against:

0

Not Voting:

0

RESOLVED THAT:

Planning Application 2019/00733/LBCbe approved, subject to:

1)    To resolve that the Strategic Director, the Economy, be authorised to determine the application and grant permission up on the completition of a satisfactory legal agreement.

2)    To authorise the Strategic Director, The Economy, after consultation with the Director of Law and the Chair of the Planning and Development Control Committee to make any minor changes to the proposed conditions or heads of terms of the legal agreement any such changes shall be within their discretion.

The Committee heard a representation from the Applicants’ architect. A number of points were raised which included: The proposed development would be a high-quality design which would make a positive contribution towards meeting local and strategic housing needs. The design, incorporating glazed terracotta tile cladding would create a vibrant and creative environment where people would want to live, work and spend their leisure time.

During the course of discussions, the Committee explored a number of issues including the height of the E2 and E3 phases, car parking and EV charging provision.

With regards to electric vehicle charging points, Councillor Alex Karmel proposed that a new condition be added, stipulating that half of all the EV charging points were rapid chargers. This proposal was seconded by Councillor Matt Thorley.

The Committee voted on application 2019/01300/RES and whether to agree the new condition and the officer recommendations of approval. This was put to the vote and the result was as follows:

The proposed new Condition:

For:

7

Against:

0

Not Voting:

0

Officer recommendation 1:

For:

7

Against:

0

Not Voting:

0

Officer recommendation 2:

For:

7

Against:

0

Not Voting:

0

RESOLVED THAT:

Planning Application 2019/01300/RES be approved, subject to:

1.     That the Strategic Director, The Economy be authorised to determine the application and grant permission subject to the condition(s) listed below.

2.     To authorise the Strategic Director, The Economy, after consultation with the Director of Law and the Chair of the Planning and Development Control Committee to make any minor changes to the proposed conditions which may include the variation, addition or deletion of the conditions, any such changes shall be within their discretion.

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

The Committee voted on application 2017/04752/FUL and whether to agree the officer recommendations of approval and changes set out in the addendum. This was put to the vote and the result was as follows:

Officer recommendation:

For:

5

Against:

2

Not Voting:

0

RESOLVED THAT:

Planning Application 2017/04752/FUL be approved, subject to:

1)    To resolve that the Strategic Director, the Economy, be authorised to determine the application and grant permission up on the completition of a satisfactory legal agreement.

2)    To authorise the Strategic Director, The Economy, in consultation with the Director of Law and the Chair of the Planning and Development Control Committee to make any minor modifications to the proposed conditions or heads of terms or any subsequent minor changes arising out of detailed negotiations with the applicant which may necessitate the modification, which may include the variation, addition or deletion of the conditions and heads of terms as drafted to ensure consistency between the two sets of provisions.

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

Councillor Wesley Harcourt declared a non pecuniary interest in respect of Mitre Yard, 104-108 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 Mitre Yard, 104-108 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.

The Committee voted on application 2019/02610/OPDBS and whether to agree the officer recommendations set out in the report and changes set out in the addendum. This was put to the vote and the result was as follows:

Officer recommendation:

For:

5

Against:

0

Not Voting:

2

RESOLVED THAT:

The Committee endorse the officers’ comments in relation to Planning Application 2019/02610/OPDBS.