Agenda and minutes

There were no apologies for absence.

At the start of the meeting the Chair will carry out a roll-call of committee members to confirm attendance. Members will also have an opportunity to declare any interests.

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.

1.             ROLL CALL AND Declaration of Interests

PRESENT: Councillors Colin Aherne, Wesley Harcourt, Alex Karmel, Rachel Leighton (Chair),  Natalia Perez, Asif Siddique, Matt Thorley and Matt Uberoi.

Cllr Wesley Harcourt declared a non-pecuniary interest in respect of Item 7 – Shepherd’s Bush Station, Plimney Place, as market stalls came under his remit as Cabinet Member for the Environment. He had also met with residents recently on a range of issues affecting their area.As he considered this would not be a conflict of interest, he remained in the meeting and voted on the item.

Cllr Wesley Harcourt declared an interest in respect of Item 8 – 115 to 129A Scrubs Lane, as he was a member of the ODPC Planning Committee. As this was a conflict of interest, he withdrew from the meeting and did not vote on the item.

Cllr Natalia Perez declared a non-pecuniary interest in respect of Items 4 and 5 – School Caretaker’s House, Melcombe Primary School, 160 Fulham Palace Road, as her daughter attended the school. As she considered this would not be a conflict of interest, she remained in the meeting and voted on the item.

Cllr Natalia Perez declared an interest in respect of Item 8 – 115 to 129A Scrubs Lane, as she was a member of the ODPC Planning Committee. As this was a conflict of interest, she withdrew from the meeting and did not vote on the item.

To approve as an accurate record, and the Chair to sign, the minutes of the meeting of the Committee held on 28 September 2020.

The minutes of the meeting held on 28 September 2020 were agreed.

In view of there only being registered speakers for Shepherd’s Bush Station, Plimney Place, the Chair proposed that the running order of the agenda be changed to: Shepherd’s Bush Station, Plimney Place, both Melcombe Primary School applications, Mackenzie House and finally, 115 – 129A Scrubs Lane. This was agreed by the Committee.

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

Cllr Wesley Harcourt declared a non-pecuniary interest in respect of Item 7 – Shepherd’s Bush Station, Plimney Place, as market stalls came under his remit as Cabinet Member for the Environment. He had also met with residents recently on a range of issues affecting their area. As he considered this would not be a conflict of interest, he remained in the meeting and voted on the item.

The Committee heard representations from two residents in objection to the application.

During the course of discussions, Cllr Alex Karmel proposed that the application should be deferred to a future meeting to enable officers to provide additional information. This was seconded by Cllr Matt Thorley.

The Committee voted on the recommendation to defer application 2019/03240/FR3as follows:

For:

7

Against:

1

Not Voting:

0

            RESOLVED THAT:

Planning Application 2019/03240/FR3be deferred to a future meeting, to enable officers to provide additional information on the service and delivery plan, loading and unloading, the adjacent taxi rank and monitoring information in relation to the market stalls.

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

Cllr Natalia Perez declared a non-pecuniary interest in respect of Items 4 and 5 – School Caretaker’s House, Melcombe Primary School, 160 Fulham Palace Road, as her daughter attended the school. As she considered this would not be a conflict of interest, she remained in the meeting and voted on the item.

Officers provided a presentation which covered both applications.

During the course of discussions, Cllr Alex Karmel proposed that condition 3 (in relation to the planned usage of the HMO by no more than three permanent teachers) be amended, so this also included usage by teaching support staff.

This was seconded by Cllr Matt Thorley.

The Committee voted on the proposal to amend condition 3 as follows:

For

2

Against

6

Not Voting

0

The Committee then voted on the recommendations for application 2020/01500/FR3 as follows:

Officer Recommendation 1

For:

8

Against:

0

Not Voting:

0

Officer Recommendation 2

For:

8

Against:

0

Not Voting:

0

            RESOLVED THAT:

Planning Application 2020/01500/FR3 be approved, subject to:

1.     That the Chief Planning Officer 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.     That the Chief Planning Officer after consultation with the Head of Law and

the Chair of the Planning and Development Control Committee be 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 conditions,

any such changes shall be within their discretion

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

Cllr Natalia Perez declared a non-pecuniary interest in respect of Items 4 and 5 – School Caretaker’s House, Melcombe Primary School, 160 Fulham Palace Road, as her daughter attended the school. As she considered this would not be a conflict of interest, she remained in the meeting and voted on the item.

Officers provided a presentation which covered both applications.

The Committee voted on the recommendations for application  2020/01501/LBCHF

as follows:

Officer Recommendation 1

For:

8

Against:

0

Not Voting:

0

Officer Recommendation 2

For:

8

Against:

0

Not Voting:

0

            RESOLVED THAT:

Planning Application  2020/01501/LBCHF be approved, subject to:

1.          That the Chief Planning Officer be authorised to determine the application and grant permission subject to the condition(s) listed below.

2.          That the Chief Planning Officer after consultation with the Head of Law and

the Chair of the Planning and Development Control Committee be 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 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 recommendations for application 2020/02121/VAPO as follows:

Officer Recommendation 1

For:

7

Against:

1

Not Voting:

0

Officer Recommendation 2

For:

8

Against:

0

Not Voting:

0

            RESOLVED THAT:

Planning Application 2020/02121/VAPObe approved, subject to:

1.              That the Chief Planning Officer be authorised to vary Schedule 5 of the Section 106 agreement dated 28 August 2015, to allow the 8 affordable housing for shared ownership units to become 8 intermediate for rent units.

2.              To authorise that the Chief Planning Officer after consultation with the Head of Law and the Chair of the Planning and Development Control Committee be 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 conditions, any such changes shall be within their discretion.

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

Cllr Wesley Harcourt declared an interest in respect of Item 8 – 115 to 129A Scrubs Lane, as he was a member of the ODPC Planning Committee. As this was a conflict of interest, he withdrew from the meeting and did not vote on the item.

Cllr Natalia Perez declared an interest in respect of Item 8 – 115 to 129A Scrubs Lane, as she was a member of the ODPC Planning Committee. As this was a conflict of interest, she withdrew from the meeting and did not vote on the item.

Cllr Alex Karmel requested that the minutes record, the increase in the percentage of affordable housing for the development was welcome.

The Committee voted on the recommendation for application 2020/02049/OPDOBS

as follows:

Officer Recommendation 1

For:

6

Against:

0

Not Voting:

2

            RESOLVED THAT:

This Council raises objection to the proposed development for the following

reason(s):

1)    LBHF objects to the affordable housing proposed. LBHF will hold the nomination rights for the development and as such the affordable housing offer must be one that can be utilised by the Council for its residents. The affordable housing quantum of 32% is not supported, nor is the 84% Shared Ownership and 16% London Living Rent tenure and neither comply with adopted policy. Both the quantum and tenure should be revisited to deliver a policy compliant development at a level that can be utilised by LBHF. The Council expects any s106 agreement to secure appropriate review mechanisms as advised by the Mayor's Affordable Housing and Viability SPG. The proportion of 3 bed units is not in accordance with policy and should be revised to secure the appropriate level of family accommodation.

2)    LBHF objects to the proposal and recommends a number of further improvements and revisions to its height and design are secured. The future context of the site has changed from the extant permission and this has not been recognised in the quality of the design in this sensitive edge location. Conditions as outlined are also requested to be secured to ensure adequate mitigation to the impacts of the development. Please refer to the attached Case Officer's report to read the full assessment of the proposal and the Council's requested conditions and revisions should permission be granted.

3)    LBHF objects on highways grounds and requires a Healthy Streets approach to be adopted. The 12 Blue Badge parking spaces is not commensurate with the 21 wheelchair homes to be provided and it is a requirement that 21 wheelchair spaces are provided for and secured by way of obligation for those units for the lifetime of the development.