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 December 2019.

RESOLVED THAT:

The minutes of the meeting of the Committee held on 3 December 2019 were agreed as an accurate record.

Apologies for absence were provided by Councillor Asif Siddique.

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 Standards Committee.

Councillor Matt Uberoi declared a non-pecuniary interest in respect of 2A Loftus Road, as he had  met the resident speaking in objection to the application in his role as a community worker in Chelsea. As he had not discussed the application with the resident, he remained in the meeting and voted on the item.

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.

The Committee heard a representation from a resident in objection to the application. The Committee also heard a representation from a representative of the applicant in support of the application.

The Committee voted on the  recommendations for  application 2019/03015/FUL as follows:

Officer Recommendation 1

For:

2

Against:

5

Not Voting:

0                          

As the application was not approved, the Committee did not vote in respect of recommendation 2.

The Committee voted on a motion to refuse the application 2019/03015/FUL. This was put to the vote and the result was as follows:

For:

7

Against:

0

Not Voting:

0

            RESOLVED THAT:

Planning Application 2019/03015FULbe refused for three reasons:

·       The impact on surrounding residential amenity, in particular refuse collection, additional vehicular movements and noise.

·       The Management Plan submitted as part of the application was insufficiently robust.

·       Insufficient information to assess the likely impact on traffic locally, including additional deliveries and servicing, guest trips and the hours of operation of the site.

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

The Committee heard a representation from a representative of the applicant in support of the application.

The Committee voted on application 2019/01908/FUL and whether to agree the two officer recommendations. 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:

1)    The Strategic Director, The Economy Department, be authorised to grant planning permission upon the completion of a  satisfactory legal agreement  and subject to the planning conditions listed in the report.

2)    The Strategic Director, The Economy Department, after consultation with the Borough Solicitor and the Chair of the Planning and Development Control Committee is authorised  to make any minor changes to the proposed heads of terms  of the legal agreement or 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 in support of the application.

Councillor Matt Thorley proposed Condition 41 be amended to require 4 accessible parking spaces to be permanently retained for the life of the development. This was seconded by Councillor Alex Karmel.

Councillor Alex Karmel proposed that Condition 53 be amended to include mitigation measures in respect of deliveries in  the Delivery and Servicing Plan and  that an additional  Head of Term should be added to  the legal agreement requiring the owner to notify leaseholders of the building of the mitigation measures. This was seconded by Councillor Matt Thorley.

The Committee voted on application 2019/01742/FUL (including the changes to conditions 53, 41 and the addition of an extra head of term in the legal agreement as follows:

Officer recommendation 1 (as amended as set out above):

For:

7

Against:

0

Not Voting:

0

Officer recommendation 2:

For:

7

Against:

0

Not Voting:

0

RESOLVED THAT:

1)    The Strategic Director, the Economy Department is authorised to grant permission up on the completion of a satisfactory legal agreement and subject to the condition(s) listed in the report

2)    The Strategic Director, the Economy Department, after consultation with the Borough Solicitorsand the Chair of the Planning and Development Control Committee is authorised to make any minor changes to the proposed heads of terms of the legal agreement or 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 the change to the head of terms in respect of application 2019/00392/FUL. This was put to the vote and the result was as follows:

Officer recommendation:

For:

7

Against:

0

Not Voting:

0

RESOLVED THAT:

That the Committee resolves to replace the Section 106 Head of Term referred to at paragraph [5.62] of the original committee report for this development dated 13 June 2018 with the following head of term;

Requirement for details of the eligibility criteria (including any subsequent changes to this criteria) for occupants of the care home apartments to be agreed in writing with the Council.