Agenda, decisions and minutes

RESOLVED:-

that the minutes of the previous meeting held on 6 April 2011 be approved as an accurate record of the meeting.

Kingsbury High School Annexe, Bacon Lane, London NW9 9AT

Councillor Kabir declared a personal interest as a Governor of Village School.  She therefore withdrew from the meeting room and did not take part in the discussion or voting during consideration of both applications for Kingsbury High School Annexe.

856-858 Harrow Road, Wembley, Middlesex HA0 2PX

Councillor Daly declared a personal interest that she had been closely involved with the community on the application.  She therefore withdrew from the meeting room did not take part in the discussion or voting during consideration of this application.

Grant planning permission subject to the completion of a deed of variation to the Section 106 or other legal agreement and delegate authority to the Head of Planning to agree the exact terms thereof on advice from the Director of Legal and Procurement.

(a)     Resolve to Grant Planning Permission, subject to an appropriate form of Agreement in order          to secure the measures set out in the Section 106 Details section of this report,or

(b)     If within a reasonable period the applicant fails to enter into an appropriate agreement in order to meet the policies of the Unitary Development Plan, Core Strategy and Section 106 Planning Obligations Supplementary Planning Document, to delegate authority to the Head of Area Planning, or other duly authorised person, to refuse planning permission

Councillor Hashmi requested confirmation that consideration had been given to issues raised by his constituent. Rachel McConnell, Area Planning Manager, confirmed that as a renewal application, consideration should be given to development plan policies and other material planning considerations that may have changed since the original grant of planning permission. She advised that as there had been no significant changes and because the development had previously been judged acceptable by Members, the recommendation was to grant planning permission. She advised that details of the objection were set out in the report.

(a)Resolve to Grant Planning Permission, subject to an appropriate form of Agreement in order to secure the measures set out in the Section 106 Details section of this report,or

(b) If within a reasonable period the applicant fails to enter into an appropriate agreement in order to meet the policies of the Unitary Development Plan, Core Strategy and Section 106 Planning Obligations Supplementary Planning Document, to delegate authority to the Head of Area Planning, or other duly authorised person, to refuse planning permission

Councillor Cummins noted that the report made no mention of permit free parking for a proposal that would result in 3 new flats within an area with parking problems and emphasised the need for such controls. Councillor Daley raised concerns regarding the loss of communal space in respect of the function room. In response, Rachel McConnell stated that the existing flats in the block were able to apply for parking permits and advised that there are genuine practical problems when issuing permits where it is proposed that only some units within a block will be permit free. Stephen Weeks, Head of Area Planning, added that the demand for additional parking that would result from the proposal would not be significant as to warrant imposing such a condition particularly taking into account its authorised use as a function room.

(a)Grant Planning Permission, subject to an appropriate form of Agreement in order to secure the measures set out in the Section 106 as amended,or

(b)If within a reasonable period the applicant fails to enter into an appropriate agreement in order to meet the policies of the Unitary Development Plan, Core Strategy and Section 106 Planning Obligations Supplementary Planning Document, to delegate authority to the Head of Area Planning, or other duly authorised person, to refuse planning permission

Rachel McConnell, Area Planning Manager, confirmed that the external area at 6th floor of the proposed building would not be used as amenity space but rather for maintenance and emergency access only.  She therefore recommended imposition of a further condition as set out in the tabled supplementary report to restrict the use of that external area. Members noted that there was no standard contribution for hotel bedspace to mitigate the impacts of the development. Rachel McConnell stated that the section 106 financial contributions had been amended to provide training and employment for local residents and still ensure funding was available towards improvements in the local area including funding for highway improvements.

She then referred to the consultation and the responses received including those from QARA Group of Associations and added that the objections raised had been addressed within the remarks section of the committee report.  She advised that although Policy CP17 was not directly referred to in the report, full consideration was given to character of the surrounding area. Rachel McConnell also confirmed that the recent developments within the vicinity of the site were taken into consideration when assessing the impact of overspill parking on the adjoining highway.

Rachel McConnell confirmed that consultation letters were not sent to the properties in the adjoining borough of Harrow as detailed in the supplementary report and she advised that letters were to be sent with the revised consultation period expiring on 3 June 2011. It was requested that authority be delegated to the Head of Area Planning to consider any significant substantive issues raised in objection to the scheme following this additional consultation. In addition, Members were advised that a letter of objection had been received from the London Borough of Harrow stating that the building would detract from the character of the area.

Mr Robert Dunwell Chairman of QARA Group of Associations raised objections to the proposed development on the following grounds;

a)        Lack of on-site car parking spaces which would exacerbate traffic congestion and parking problems to the detriment of current and future residents in the nearby streets, the development under construction at 1-3 The Mall and the local Jewish Free School (JFS).

b)        No traffic and transport assessment had been conducted or  ...  view the full minutes text for item 6.

(a)Grant Planning Permission, subject to an appropriate form of Agreement in order to secure the measures set out in the Section 106 Details section of this report,or

(b)If within a reasonable period the applicant fails to enter into an appropriate agreement in order to meet the policies of the Unitary Development Plan, Core Strategy and Section 106 Planning Obligations Supplementary Planning Document, to delegate authority to the Head of Area Planning, or other duly authorised person, to refuse planning permission

Rachel McConnell advised that consultation letters were not sent to the properties in the adjoining borough of Barnet as detailed in the supplementary report and that consultation letters had been sent with the revised consultation period expiring on 1 June 2011. It was requested that authority be delegated to the Head of Area Planning to consider any significant substantive issues raised in objection to the scheme following this additional consultation.

(a)Resolve to Grant Planning Permission, subject to an appropriate form of Agreement in order to secure the measures set out in the Section 106 Details section of this report,or

(b) If within a reasonable period the applicant fails to enter into an appropriate agreement in order to meet the policies of the Unitary Development Plan, Core Strategy and Section 106 Planning Obligations Supplementary Planning Document, to delegate authority to the Head of Area Planning, or other duly authorised person, to refuse planning permission

In response to Councillors’ Daly and Kabir’s’ queries, Rachel McConnell, Area Planning Manager stated that the storage space available was considered sufficient to accommodate the bin store requirements as set out in Waste and Recycling Storage and Collection Guide for Residential Properties. A condition was proposed to request further details to confirm this.  Councillor Daly requested clarification as to whether a noise assessment should be carried out during the night as well as the day. Rachel McConnell advised that a noise assessment should include the night time and that condition 11 would be updated to reflect this.

Grant planning permission subject to conditions.

To delegate authority to the Head of Area Planning to grant planning permission consideration of any new substantive objections received.

Note: Councillor Kabir declared a personal interest as a Governor of Village School.  She therefore withdrew from the meeting room and did not take part in the discussion or voting during consideration of this application.

To delegate authority to the Head of Area Planning to grant planning permission consideration of any new substantive objections received.

Note: Councillor Kabir declared a personal interest as a Governor of Village School.  She therefore withdrew from the meeting room and did not take part in the discussion or voting during consideration of this application.

Grant advertisement consent subject to conditions.

Mr Chris Grix in objecting to the proposal stated that there was an over-concentration of A2 uses on the retail function of Kilburn High Road and that the use of the premises for pawnbroking business was not an A1use class.  He added that the occupation of the unit by H&T pawnbrokers was encouraging criminal and/or anti-social behaviour in the area.  Mr Grix continued that the proposed use would set an undesirable precedent to the detriment of the area. He circulated information which supported his view that the use was not A1.

Steve Weeks, Area Planning Manager stated that, on the information received with the application, Officers had formed the view that the use was within Use Class A1 although the applications themselves referred to a shopfront and signage rather than a change of use. He noted some of the information referred to by Mr Grix that may support this view.   However, he recommended that authority be delegated to him to grant approval subject to a review and advice by Legal Services.

Grant advertisement consent subject to conditions.

See item 12 for the preamble.

Grant planning permission subject to conditions, revised plans and informatives.

Andy Bates Area Planning Manager in reference to the tabled supplementary report stated that one further objection had been received which raised concerns on environmental and parking grounds as well as the relationship between the applicant and the neighbours.  He added that the issues raised were similar to those that had been addressed in the main report and that conditions recommended to control the use of the A3 use were acceptable. He drew members’ attention to a submitted revised plan showing the proposed duct on the rear elevation with the omission of the cowl as required by Environmental Health Officers.  Andy Bates continued that the condition imposed for waste disposal was similar to other uses in the area and that if it was felt to be inadequate for this particular use, Environmental Health Officers would be requested to review the situation. He added that an informative would be added on the use of the pavement area which was a matter for the Council’s Highways and Transportation Department as highway authority.

Grant planning permission subject to an additional condition on Flood Risk Assessment (FRA), the completion of a satisfactory Section 106 or other legal agreement and delegate authority to the Head of Area Planning to agree the exact terms thereof on advice from the Director of Legal and Procurement.

Grant planning permission subject to conditions.

Grant planning permission subject to conditions and an additional condition 14 to prevent the outbuilding from being used as living accommodation.

Neil McClellan the Area Planning Manager informed members about the following undertakings made by the applicant;

(i)        To submit an I-Trace survey which would monitor movements to and from the site to ensure that the agreed travel plan was complied with.

(ii)       The front forecourt would be used for drop-off only and would not be used for permanent parking, apart from one dedicated space for disabled parking.

(iii)      The approved Noise Mitigation Strategy measures would be undertaken on an ongoing basis.

(iv)      The services within the centre were usually on Thursday evenings between 7.30pm and 10.00pm and Fridays between 12 noon and 2.00pm with additional meetings for festivals

The Area Planning Manager recommended a further condition requiring the survey information to be submitted prior to August, thus allowing 3 months for the submission of data. As this was a requirement of the previous planning permission but was not complied with, failure to comply again could lead to enforcement action and ultimately prosecution.  He continued that in order to prevent the outbuilding from being used as living accommodation a new condition 14 had been recommended.

Note: Councillor Daly declared a personal interest that she had been closely involved with the community on the application.  She therefore withdrew from the meeting room did not take part in the discussion or voting during consideration of this application.

Grant planning permission subject to conditions and informatives.

Grant planning permission subject to the amendments and revisions described in the supplementary report and subject to referral to the Mayor of London under article 5 of the Town and Country Planning (Mayor of London) Order 2008 and any amendments, revisions, Heads of Terms and/or conditions that the Mayor may choose to amend, add or remove, and subject to the completion of a satisfactory Section 106 or other legal agreement and to delegate authority to the Head of Area Planning, or other duly authorised person, to agree the exact terms thereof on advice from the Director of Legal and Procurement.

And, to authorise the Head of Area Planning, or other duly authorised person, to refuse planning permission if the applicant has failed to demonstrate the ability to provide for the Section 106 Heads of Terms set out within this report and to meet the policies of the Unitary Development Plan, Local Development Framework Core Strategy and Section 106 Planning Obligations Supplementary Planning Document by concluding an appropriate agreement.

In reference to the tabled supplementary report, Neil McClellan Area Planning Manager informed members that the assessment of the Affordable Housing Cascade multipliers submitted for this application had not yet been received from the Valuation Office Agency (VOA).  He requested therefore that authority be delegated to the Head of Area Planning to agree any changes to the multipliers and commuted sum that were considered necessary following receipt of the report from the VOA.  He continued that in addition to the parking provided for wheelchair accessible affordable units, parking would be provided to RSLs at a discounted rate for use by residents of affordable housing units and with that in view he requested delegated authority to agree the proportion of spaces.  The Area Planning Manager also recommended an amendment to the Heads of Terms of the section 106 agreement to enable the Council to call for the adoption of the remainder of Wealdstone Road (i.e. carriageway and footways) if the operation of Wealdstone Road impacted negatively on the adopted highway. 

He then drew members’ attention to a number of issues raised by Transport for London (TfL) together with amendments to conditions as set out in the tabled supplementary report.  With reference to comments by Thames Water Authority, he requested that delegate authority be given to the Head of Area Planning, or other duly authorised person, to agree the precise wording of that  ...  view the full minutes text for item 19.

None raised at this meeting.

The meeting ended at 8:55pm

K SHETH

CHAIR

Note: At 8:20pm the meeting was adjourned for 5 minutes.