Agenda and minutes

To approve as a correct record the minutes of the meeting of the Committee held on 2 February 2012 and to authorise the Chairman to sign them.

The minutes of the meeting held on 8 March 2012 were agreed as a correct record and signed by the Chairman.

The report before members detailed an application that proposed the material change of use of a former car retail, repair and maintenance centre to a scrap yard for the recycling, processing, storage and distribution of scrap metal (excluding the dismantling of vehicles.) The proposal would result in the relocation of an existing scrap metal facility from land to the rear of No.143 Crow Lane, to the site under consideration.

In accordance with the public speaking arrangements, the Committee was addressed by an objector without a response from the applicant.

During the debate members discussed issues concerning access/egress arrangements and impact on the neighbourhood.

The report recommended that planning permission be refused but following a motion it was RESOLVED that planning permission be granted subject to the conditions as set out in the report.

The vote for the resolution was carried by 7 votes to 2 with 1 abstention Councillors Oddy, Tebbutt, Binion, Brace, Misir, Osborne and Pain voted for the resolution to grant planning permission. Councillors Eagling and McGeary voted against the resolution to grant planning permission. Councillor Hawthorn 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 Committee considered the report, noting that a late letter of representation had been received and without debate, RESOLVED that planning permission be granted subject to the conditions as set out in the report.

The Committee considered the report, and following a brief debate regarding parking provision, RESOLVED that planning permission be granted subject to the conditions as set out in the report.

The Committee considered the report, noting that one late letter of representation had been received and that the London Fire Brigade had raised no objection and without debate, RESOLVED that planning permission be granted subject to the conditions as set out in the report.

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

The Committee considered the report, noting that there was a correction to the description of the development which should have read “two 3 bed instead of three 3 bed” and RESOLVED that the application was unacceptable as it stood but would be acceptable subject to:

the prior completion of a Deed of Variation under Section 106A of the Town and Country Planning Act 1990 of the original section 106 agreement of 27^th July 2011 to secure the following: 

1.        That the definition of the planning application contained within the legal agreement dated 27/7/2011 be amended to refer to this application in the alternative as appropriate, and

2.        The Developer and/or Owner to bear the Council legal costs in respect of the preparation of the legal agreement irrespective of whether or not it is completed.

3.        All recitals, headings and clauses of the original agreement dated 27^th July 2011 shall remain unchanged.  

That staff be authorised to enter into such agreement and upon completion of it, to grant planning permission subject to the conditions contained in the report.

The Committee considered the report and without debate, RESOLVED that the application was unacceptable as it stood but would be acceptable subject to the applicant entering into a Unilateral Undertaking under the Town and Country Planning Act 1990 (as amended), to secure the following:

·                    Development to be used in perpetuity only for the care of persons who have been diagnosed with dementia and who require high dependency care for their dementia condition

·                    The highways contribution of £25,000 provided in a Section 106 Agreement dated 20^th July 2007 pursuant to Planning Permission reference P0757.07  which has been paid to the Council shall be retained by the Council as a Highway Contribution pursuant to this application Reference P1862.11 together with accrued interest from receipt to the date spent for the purposes of highways improvements for pedestrian crossing facilities and / or traffic calming measures in the vicinity of Lodge Lane

·                    Payment of the Council Legal fees in respect of consideration of the Unilateral Undertaking

·                    Payment of Monitoring Fees in association with each of the planning obligations as required by the Council

·                    That Staff be authorised to accept such an undertaking following the Heads of Terms set out above and that upon its completion planning permission be granted subject to the conditions contained in the report.

The report before members detailed an application which sought permission for the demolition of an existing dwelling and for the erection of a two storey, detached dwelling with double garage block.

During a brief debate officers clarified the Council’s position regarding Green Belt development

A motion to refuse the granting of planning permission was lost by 7 votes to 3. Councillors Hawthorn, Eagling and McGeary voted for the motion to refuse planning permission. Councillors Oddy, Tebbutt, Binion, Brace, Misir, Osborne and Pain voted against the motion to refuse planning permission.

It was RESOLVED that planning permission be granted subject to the conditions as set out in the report. The vote for the resolution was passed by 7 votes to 3. Councillors Oddy, Tebbutt, Binion, Brace, Misir, Osborne and Pain voted for the resolution to grant planning permission. Councillors Hawthorn, Eagling and McGeary voted against the resolution to grant planning permission.

The report before members detailed an application for the approval of a detached house, with associated car parking on the site. Works had substantially commenced on the site under the guise of a previous approval.

Members noted that the Chairman had called in the application on the grounds of the level of local interest the application had attracted.

Members also noted that a further two late letters of representation had been received.

With its agreement, Councillor Eric Munday addressed the Committee. Councillor Munday advised that he was also speaking on behalf of Councillor Lynden Thorpe. Councillor Munday commented that the proposed dwelling was out of keeping with neighbouring properties and asked that the Committee refused to grant planning permission.

During the debate members discussed issues concerning the bulk and mass of the proposed dwelling and loss of trees on the site.

It was RESOLVED that planning permission be granted subject to the conditions as set out in the report and including an additional condition removing permitted development rights. The vote for the resolution was carried by 8 votes to 2. Councillors Oddy, Tebbutt, Misir, Osborne, Pain, Eagling, Hawthorn and McGeary voted for the resolution to grant planning permission. Councillors Binion and Brace voted against the resolution to grant planning permission.

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 Committee considered the report and without debate, RESOLVED that the variation of the Section 106 agreement dated 2 August 2010 as varied by a Deed of Variation under Section 106A pursuant to planning permission reference number P0063.11 to be entered into on even date (the same day) as this proposed Deed of Variation to change the definition of social rent to that set out below under Section 106A of the Town and Country Planning Act (as amended), be approved:

The variation of the term “Social Rent” to read “Social rent or affordable rent,” in accordance with PPS3 Housing June 2011.

The Developer and/or Owner to bear the Council legal costs in respect of the preparation of the legal agreement irrespective of whether or not it is completed.

Save as varied above the Section 106 agreement dated 2 August 2010 shall remain in full force and effect.

The planning obligations recommended in this report have been subject to the statutory tests set out in Regulation 122 of the Community Infrastructure Levy Regulations 2010 and the obligations are considered to have satisfied the following criteria:-

(a)   Necessary to make the development acceptable in planning terms;

(b)   Directly related to the development; and

(c)   Fairly and reasonably related in scale and kind to the development.