Agenda and minutes

To approve as a correct record the minutes of the meeting of the Committee held on 21June 2012 and to authorise the Chairman to sign them.

The minutes of the meeting of the Committee held on 21 June 2012 were agreed as a correct record and signed by the Chairman.

The report before members detailed a proposal for the reinstatement of the Multi Use Games Area (MUGA) as the development of the college had been out on hold. The MUGA would be marked out for tennis, 7-a-side football and hockey. The MUGA would be surrounded by a fence measuring 3m on three sides and a 3.6m high fence facing the access to The Walk.

The proposed MUGA would be open for bookings from the public. The application requested that the hours of use be from 8am to 10pm on Mondays to Fridays, 9am to 9pm on Saturdays, Sundays and Bank Holidays. The application did not propose the installation of floodlighting.

20 letters of representation had been received along with comments from 4 statutory and non-statutory consultees.

It was noted that the application had been called-in for consideration by the Committee by Councillor John Mylod on the grounds that the proposal would have an adverse effect on the neighbours bordering the school in respect of possible light pollution, noise and disturbance.

In accordance with the public speaking arrangements, the Committee was addressed by an objector with a response provided by the applicant.

With its agreement, Councillor John Mylod addressed the Committee. Councillor Mylod voiced concern that the proposed MUGA would have an adverse impact on the neighbouring residential amenity through increased noise and disturbance during unsociable hours. He added that the area suffered from existing parking congestion, the installation of the MUGA would merely exacerbate the situation. The issue of security was of particular concern for residents who had experienced groups of youths accessing the site outside of its operating hours when it was previously used a games area. He urged the Committee to refuse the application.

During the discussion, members debated the potential noise impact of the proposed MUGA on the nearby residential properties with suggestions put forward that a reduction in the hours of operation would alleviate the impact. Members were mindful that the college had previously been granted planning permission for a MUGA and, in their opinion, the College should provide leisure facilities for its students.

A motion was proposed that planning permission be granted subject to the conditions in the report but with a variation to Condition 3 to require that the hours of use on Saturday’s be changed to a 4pm finish. That motion was passed by 9 votes for with 1 abstention. Councillor McGeary abstained from voting. It was RESOLVED that planning permission be granted subject to the conditions as set out in the report but with a variation to Condition 3 to require that the hours of use on Saturday’s be changed to a 4pm finish. The resolution to grant planning permission was passed by 9 votes for with 1 abstention. Councillor McGeary abstained from voting.

The Committee considered the application for the demolition of the existing dwelling and the construction of a replacement dwelling in outline form with approval sought for access and layout only. It noted that 6 letters of representation had been received along with comments from 5 statutory and non-statutory consultees, including a late response from Transport for London who raised no objections to the proposal.

It was 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:

·        Prior to the commencement of the development, the existing dwelling shall be demolished in its entirety and all material arising there from permanently removed from the site unless otherwise agreed.  Prior to first occupation of the new dwelling, the site of the former dwelling shall be reinstated in accordance with details previously submitted to and approved in writing by the Local Planning Authority.

·        To pay the Council’s reasonable legal costs in association with the preparation of a legal agreement irrespective of whether the legal agreement is completed.

·        To pay the Council’s planning obligation monitoring fees.

Staff were authorised to enter into a legal agreement to secure the above and upon completion of those agreements, grant planning permission subject to the conditions as set out in the report but with an amendment to Condition 5 to reflect that the application was in outline form with landscaping reserved.

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 and RESOLVED that subject to 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 that:-

1.      The Council make 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 attached to the report as the land was required to enable development for which the Council had granted the Planning Permission.

2.      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.

3.      In the event that relevant objections were 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 can proceed to confirm the Order.

4.      In the event that relevant objections were 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 RESOLVED that subject to 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 an alternative pedestrian crossing being built on Noak Hill Road to the Council’s specification, to an adoptable standard and open for public access prior to any stopping up order becoming effective to carry out the development pursuant to the Planning Permission that:-

1       The Council make a Stopping Up Order under the provisions of s.247 Town and Country Planning Act (as amended) in respect of the Footbridge shown zebra hatched on the Plan attached to the report as the demolition of the Footbridge was required to enable development for which the Council has granted the Planning Permission.

2       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.

3       In the event that relevant objections were 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 can proceed to confirm the Order.

4       In the event that relevant objections were 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.