Agenda and minutes

To approve as an accurate record, and the Chair to sign, the minutes of the meetings of the Committee held on 3 September 2019 and 15 October 2019.

The minutes of the meeting of the Committee held on 3 September 2019 were agreed subject to the following amendment:

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 70 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.

The minutes of the meeting held on 15 October 2019 were agreed as an accurate record.

Apologies for absence were provided by Councillor Matt Uberoi. Apologies for lateness were provided by Councillor Matt Thorley.

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. 

There were no declarations of interest.

Please see the Addendum attached to the minutes which made minor changes to the report.

With the agreement of the Committee, the officer presentation covered all three Fitz-George applications. The representative of the Applicant waived the right to speak three times and spoke only once for three minutes.

The representative of the Applicant made a number of points which included: The previous reasons for refusal, including flood risk and structural waterproofing had been addressed. The Applicant had also conducted and provided an updated flood risk assessment. The proposal provided an acceptable level of accommodation and the design elements, including the light wells and external alterations would be discretely located to the rear of the building.

During the course of discussions, the Committee explored a number of issues including: the amendment to Condition 3 which reduced the number of cycle spaces from three to two, the location of the bike storage and the design elements including light wells and the external staircase.

With regards to Condition 4, Councillor Alex Karmel proposed that this was amended, stipulating that (all flooding prevention and mitigation measures) these operate in perpetuity. This proposal was seconded by Councillor Matt Thorley.

Further points of discussion included: The weight of the previous Planning Inspectorates’ decision, whether a further appeal (should one arise) would be treated in the same way as previous appeals and the impact of the design on the conservation area.

The Committee voted on application 2019/02510/FUL and whether to agree the officer recommendations of approval. This was put to the vote and the result was as follows:

Proposed amended Condition 4:

For:

7

Against:

0

Not Voting:

0

Officer Recommendation 1:

For:

5

Against:

2

Not Voting:

0                          

Officer Recommendation 2:

For:

6

Against:

1

Not Voting:

0

            RESOLVED THAT:

1)    To resolve 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 2019/02511/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 1:

For:

5

Against:

2

Not Voting:

0

Officer recommendation 2:

For:

6

Against:

1

Not Voting:

0

RESOLVED THAT:

Planning Application  2019/02511/FUL be approved, subject to:

1)    To resolve 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 2019/02512/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 1:

For:

5

Against:

2

Not Voting:

0

Officer recommendation 2:

For:

6

Against:

1

Not Voting:

0

RESOLVED THAT:

Planning Application 2019/02512/FULbe approved, subject to:

1)    To resolve 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 heard a representation from a representative of the Applicant. A number of points were raised which included: The Applicant was a prison arts charity. Should the application be approved, it would enable people in the criminal justice system to change their lives by participating in the arts.  The proposal would enable the charity to better serve its beneficiaries. The current accommodation was in poor condition and did not allow a public gallery to operate. However, the new proposal would enable works to be shown.  Details were provided of the funding arrangements and it was noted that these were conditional upon a 10-year lease being granted. The Committee noted that the proposal was designed to be demountable and several environmental considerations had been factored into the design.

During the course of discussions, the Committee explored a number of issues including: the unusual nature of the application and in particular the length of tenure for a temporary building. Further points of discussion included: the likely impact  of the proposal on the boundary wall, the design, the security considerations, given its proximity to the Wormwood Scrubs Prison and whether there was scope for an automatic renewal of the tenure.

The Committee voted on application 2019/02035/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 1:

For:

6

Against:

1

Not Voting:

0

Officers recommendation 2:

For:

6

Against:

1

Not Voting:

0

RESOLVED THAT:

Planning Application 2019/02035/FUL be approved, subject to:

1)    To resolve 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 discussed the application and a number of points were raised. These included: The use of temporary pitches and whether it was common practice for traders to dismantle their premises. Further points included: storage facilities (for the traders),  the number of local objectors and supporters, the impact on local parking spaces and the colour of the gazebos / impact on the street scene and local residential amenity.

The Committee voted on application 2019/00431/FR3 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 1:

For:

7

Against:

0

Not Voting:

0

Officer recommendation 2:

For:

7

Against:

0

Not Voting:

0

RESOLVED THAT:

Planning Application 2019/00431/FR3 be approved, subject to:

1)    To resolve that the Strategic Director, the Economy, be authorised to determine the application and grant permission pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992 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.