Agenda and minutes

Members are invited to disclose any interest in any of the items on the agenda at this point of the meeting.

Members may still disclose any interest in an item at any time prior to the consideration of the matter.

There were no disclosures of interest.

To approve as a correct record the minutes of the meetings of the Committee held on 15 March and 5 April 2018 and to authorise the Chairman to sign them.

The minutes of the meetings held on 15 March and 5 April 2018 were agreed as correct records and signed by the Chairman.

The proposal before Members was for the erection of a detached ‘chalet bungalow’ style dwelling on the land adjacent to No.21 Pentire Close.

In accordance with the public speaking arrangements the Committee was addressed by an objector with a response by the applicant’s agent.

The objector commented that there was currently a lack of parking provision in the area and that the proposal would only exacerbate the problem. The objector also commented that the access/egress to the site would be particularly narrow and could lead to congestion in the area. The objector concluded by commenting that the area could also be prone to flooding.

In response the applicant’s agent commented that the proposal was a modest development on a large plot of land and would be a much needed home in the borough. The agent also commented that there was ample parking provision and that the development would not impact on neighbouring properties.

Members noted that the application had been called-in by Councillor Clarence Barrett on the grounds of:

-  The bulk and appearance were a concern.

- The site was in very close proximity to a stream which had a history of flooding.

The Committee noted that the proposed development qualified for a Mayoral CIL contribution of £2,420 and RESOLVED that the proposal was unacceptable as it stood but would be acceptable subject to the applicant entering into a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended), to secure the following obligations:

• A financial contribution of £6,000 to be used for educational purposes.

• All contribution sums should include interest to the due date of expenditure and all contribution sums to be subject to indexation from the date of completion of the Section 106 agreement to the date of receipt by the Council.

• The Developer/Owner to pay the Council’s reasonable legal costs associated with the Legal Agreement prior to the completion of the agreement irrespective of whether the agreement was completed.

• Payment of the appropriate planning obligations monitoring fee prior to the completion of the agreement.

That, if by 27 August 2018 the legal agreement had not been completed, the Planning Manager had delegated authority to refuse planning permission.

That the Planning Manager be authorised to enter into a legal agreement to secure the above and upon completion of that agreement, grant planning permission subject to the conditions as set out in the report.

The decision to grant planning permission was carried by 7 votes to 0 with 3 abstentions.

Councillors Hawthorn, Martin and Williamson abstained from voting.

The Committee considered the report and without debate RESOLVED that planning permission be granted subject to the conditions as set out in the report.

The report before Members detailed a retrospective permission for the use of the property as a House of Multiple Occupation (Use Class C4) for five occupants and the creation of a vehicle crossover and hard landscaping to the front of the property in order to facilitate the creation of two off street car parking spaces.

During the debate Members sought and received clarification with regards to the bathroom and kitchen arrangements that were due to be provided.

It was RESOLVED that planning permission be granted subject to the conditions as set out in the report and to include an extra condition re provision of shower and WC in each room.

The vote for the resolution to grant planning permission was carried by 9 votes to 0 with 1 abstention.

Councillor Whitney abstained from voting.

The proposal before Members was for the erection of two residential buildings comprising one 3 bedroom bungalow and one 4 bedroom bungalow with one bedroom in the roof. The development would be located in between the rear boundary of properties on Maywin Drive (1A-4). Access would be secured via an existing track which ran to the east of 1A Maywin Drive and parking for 4 vehicles was proposed.

In accordance with the public speaking arrangements the Committee was addressed by an objector with a response by the applicant’s agent.

The objector commented that the proposal would be an overdevelopment of the site and out of character with existing properties. The objector also commented that the proposal would have a detrimental effect on the greenery of the area and would also be detrimental to the wildlife of the area. The objector concluded by commenting that the proposal would have narrow access/egress arrangements and that no consideration had been given to the siting of an electrical sub-station located on the site.

In response the applicant’s agent commented that the proposal’s density was well below planning guidelines and that the application was fully compliant with planning policy. The agent concluded by commenting that there had been no objection raised by the London Fire Brigade regarding the access/egress arrangements.

With its agreement Councillor John Mylod addressed the Committee.

Councillor Mylod commented that the proposal was due to developed on a small site which needed to be preserved for wildlife conservation. Councillor Mylod also commented that the proposal would lead to an invasion of privacy on existing neighbouring properties. Councillor Mylod concluded by commenting that the proposal was an overdevelopment of the site.

Members noted that the proposed development qualified for a Mayoral CIL contribution of £4,300 and RESOLVED that the proposal was unacceptable as it stood but would be acceptable subject to the applicant entering into a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended), to secure the following obligations:

•         A financial contribution of £12,000 to be used for educational purposes.

•         All contribution sums should include interest to the due date of expenditure and all contribution sums to be subject to indexation from the date of completion of the Section 106 agreement to the date of receipt by the Council.

•         The Developer/Owner to pay the Council’s reasonable legal costs associated with the Legal Agreement prior to the completion of the agreement irrespective of whether the agreement was completed.

•         Save for the holder of blue badges that the future occupiers of the proposal will be prohibited from purchasing residents or business parking permits for their own vehicles for any existing, revised or new permit controlled parking scheme.

•         Payment of the appropriate planning obligations monitoring fee prior to the completion of the agreement.

That, if by 28^th August 2018, the legal agreement has not been completed, the Planning Manager has delegated authority to refuse planning permission.

That the Planning Manager be authorised  ...  view the full minutes text for item 404.

The Committee considered the report noting that the proposed development  qualified for a Mayoral CIL contribution of £5,600 and without debate RESOLVED that the proposal was unacceptable as it stood but would be acceptable subject to the applicant entering into a Legal Agreement under Section 106 of the Town and

Country Planning Act 1990 (as amended), to secure the following obligations:

•         A financial contribution of £24,000 to be used for educational purposes.

•         A financial contribution of £2,500 to re-provide lost residents’ parking spaces.

•         All contribution sums should include interest to the due date of expenditure and all contribution sums to be subject to indexation from the date of completion of the Section 106 agreement to the date of receipt by the Council.

•         The Developer/Owner to pay the Council’s reasonable legal costs associated with the Legal Agreement prior to the completion of the agreement irrespective of whether the agreement was completed.

•         Payment of the appropriate planning obligations monitoring fee prior to the completion of the agreement.

•         To restrict future occupiers from obtaining parking permits.

That, if by 24 August 2018 the legal agreement has not been completed, the Planning Manager had delegated authority to refuse planning permission.

That the Planning Manager be authorised to enter into a legal agreement to secure the above and upon completion of that agreement, grant planning permission subject to the conditions as set out in the report.

The vote for the resolution to grant planning permission was carried by 9 votes to 0 with 1 abstention.

Councillor Martin abstained from voting.

The Committee considered the report noting that the proposed development qualified for a Mayoral CIL contribution of £6,800 and without debate RESOLVED that the proposal was unacceptable as it stood but would be acceptable subject to the applicant entering into a Section 106 Legal Agreement under the Town and Country Planning Act 1990 (as amended), to secure the following obligations.

•         A financial contribution of £24,000 to be used for educational purposes.

•         All contribution sums should include interest to the due date of expenditure and all contribution sums to be subject to indexation from the date of completion of the Section 106 agreement to the date of receipt by the Council.

•         The Developer/Owner to pay the Council’s reasonable legal costs associated with the Legal Agreement prior to the completion of the agreement irrespective of whether the agreement was completed.

•         Payment of the appropriate planning obligations monitoring fee prior to the completion of the agreement.

That, if by 24 August 2018 the legal agreement had not been completed, the Planning Manager has delegated authority to refuse planning permission.

That the Planning Manager be authorised to enter into a legal agreement to secure the above and upon completion of that agreement, grant planning permission subject to the conditions as set out in the report.

The Committee considered the report noting that the proposed development qualified for a Mayoral CIL contribution of £10,572.80 and without debate RESOLVED that the proposal was unacceptable as it stood but would be acceptable subject to the applicant entering into a Section 106 Legal Agreement under the Town and Country Planning Act 1990 (as amended), to secure the following obligations.

•         A financial contribution of £30,000 to be used for educational purposes.

•         All contribution sums should include interest to the due date of expenditure and all contribution sums to be subject to indexation from the date of completion of the Section 106 agreement to the date of receipt by the Council.

•         The Developer/Owner to pay the Council’s reasonable legal costs associated with the Legal Agreement prior to the completion of the agreement irrespective of whether the agreement was completed.

•         Payment of the appropriate planning obligations monitoring fee prior to the completion of the agreement.

That, if by 24 August 2018 the legal agreement had not been completed, the Planning Manager has delegated authority to refuse planning permission.

That the Planning Manager be authorised to enter into a legal agreement to secure the above and upon completion of that agreement, grant planning permission subject to the conditions as set out in the report.

The Committee considered the report noting that the proposed development qualified for a Mayoral CIL contribution of £5,440 and without debate RESOLVED that the proposal was unacceptable as it stood but would be acceptable subject to the applicant entering into a Section 106 Legal Agreement under the Town and Country Planning Act 1990 (as amended), to secure the following obligations.

•         A financial contribution of £12,000 to be used for educational purposes.

•         All contribution sums should include interest to the due date of expenditure and all contribution sums to be subject to indexation from the date of completion of the Section 106 agreement to the date of receipt by the Council.

•         The Developer/Owner to pay the Council’s reasonable legal costs associated with the Legal Agreement prior to the completion of the agreement irrespective of whether the agreement was completed.

•         Payment of the appropriate planning obligations monitoring fee prior to the completion of the agreement.

That, if by 24 August 2018 the legal agreement had not been completed, the Planning Manager has delegated authority to refuse planning permission.

That the Planning Manager be authorised to enter into a legal agreement to secure the above and upon completion of that agreement, grant planning permission subject to the conditions as set out in the report.

The Committee considered the report noting that the proposed development qualified for a Mayoral CIL contribution of £37,560 and without debate RESOLVED that the variation of condition 29 of planning permission P1905.15 under Section 73 of the Town and Country Planning Act, 1990 was unacceptable as it stood but would be acceptable subject to the applicant entering into a Legal Agreement under Section 106 of the Town and Country Planning Act ,1990 (as amended) to vary the existing legal agreement, completed on 11 May 2017, in respect of the previous planning permission P1905.15 by varying the definition of Planning Permission, which should mean either planning permission P1905.15 as originally granted or planning permission P1216.17 and any other changes as may be required from this, to secure the following obligations, by 24 August 2018, and in the event that the deed of variation is not completed by such date then the Planning Manager had delegated authority to refuse planning permission:

•         A financial contribution of £10,000 to be paid prior to the opening of the store to be used for the following:

i) highway works in respect of site access parking controls and traffic management orders required for their implementation as shown within Transport Assessment ;

ii) a parking survey of the highway within 100m either side of site entrance for a period of 24 months following opening of store and implementation of parking controls on Gooshays Gardens; Gooshays Drive and Trowbridge Road (subject to option for developer to undertake survey to an agreed programme and supplying monitoring information at an agreed interval) should the survey identify the need for further parking restrictions.

•         All contribution sums should include interest to the due date of expenditure and all contribution sums to be subject to indexation from the date of completion of the Section 106 agreement to the date of receipt by the Council.

•         The Developer/Owner to pay the Council’s reasonable legal costs associated with the Legal Agreement prior to the completion of the agreement irrespective of whether the agreement was completed.

•         Payment of the appropriate planning obligations monitoring fee prior to the completion of the agreement.

That the Planning Manager be authorised to enter into a legal agreement to secure the above and upon completion of that agreement, grant planning permission subject to the conditions as set out in the report.

The Committee considered the report and without debate RESOLVED that the Planning Manager be authorised to grant planning permission subject to the conditions as set out in the report.

The vote for the resolution to grant planning permission was carried by 9 votes to 0 with 1 abstention.

Councillor Williamson abstained from voting.

The Committee considered the report noting that the proposed development qualified for a Mayoral CIL contribution of £4,828 and without debate RESOLVED that the variation of condition 2 of planning permission P0183.17 under Section 73 of the Town and Country Planning Act, 1990 was unacceptable as it stood but would be acceptable subject to the applicant entering into a Legal Agreement under Section 106 of the Town and Country Planning Act ,1990 (as amended) to vary the existing legal agreement, completed on 17 August 2017, in respect of the previous planning permission P0183.17 by varying the definition of Planning Permission, which shall mean either planning permission P0183.17 as originally granted or planning permission P1996.17 and any other changes as may be required from this, to secure the following obligations, by 24 August 2018, and in the event that the deed of variation was not completed by such date then the Planning Manager has delegated authority to refuse planning permission:

•         A financial contribution of £24,000 to be used for educational purposes.

•         All contribution sums should include interest to the due date of expenditure and all contribution sums to be subject to indexation from the date of completion of the Section 106 agreement to the date of receipt by the Council.

•         Save for the holders of blue badges that the future occupiers of the proposal will be prevented from purchasing parking permits for their own vehicles for any existing, revised or new permit controlled parking scheme.

•         The Developer/Owner to pay the Council’s reasonable legal costs associated with the Legal Agreement prior to the completion of the agreement irrespective of whether the agreement was completed.

•         Payment of the appropriate planning obligations monitoring fee prior to the completion of the agreement.

That the Planning Manager be authorised to enter into a legal agreement to secure the above and upon completion of that agreement, grant planning permission subject to the conditions as set out in the report.

The Committee considered the report and without debate RESOLVED that subject to the grant of Planning Permission, the developer paying the Council’s reasonable charges in respect of the making of, advertising of, any inquiry costs associated with and the confirmation of the Stopping Up Order pursuant to Regulation 5 of The London Local Authorities (Charges for Stopping Up Orders) Regulations 2000 and subject to the lawful implementation of Planning Permission that:-

          The Council makes a Stopping Up Order under the provisions of s.247 Town and Country Planning Act (as amended) in respect of the area of adopted highway shown zebra hatched on the Plan as the land was required to enable development for which the Council had granted the Planning Permission.

          In the event that no relevant objections were made to the proposal or that any relevant objections that were made were withdrawn then the Order be confirmed without further reference to the Committee.

          In the event that relevant objections are made, other than by a Statutory Undertaker or Transport Undertaker and not withdrawn, that the application be referred to the Mayor for London to determine whether or not the Council could proceed to confirm the Order.

          In the event that relevant objections are raised by a Statutory Undertaker or Transport Undertaker and were not withdrawn the matter may be referred to the Secretary of State for their determination unless the application was withdrawn.

The Committee considered the report and NOTED its contents.