Agenda and minutes

There were no apologies for absence.

Councillor Wayne Bridges declared a non pecuniary interest in Item 6 - 48 Pole Hill Road, Hillingdon and left the meeting whilst the item was discussed.

Councillor Brian Stead declared a non pecuniary interest in Item 5 - 115 The Greenway, Uxbridge and left the meeting whilst the item was discussed.

Councillor Judith Cooper declared a non pecuniary interest in Item 17 a Part 2 item and left the meeting whilst the item was discussed.

There were two Part 2 items taken as urgent.

It was confirmed that all items marked Part 1 would be considered in public and all items marked Part 2 would be considered in private.

Change of use from Use Class A1 (Shops) to Use Class A5 (Hot Food Takeaway) and demolition of existing outbuilding to the rear.

Recommendation : Approval

Change of use from Use Class A1 (Shops) to Use Class A5 (Hot Food Takeaway) and demolition of existing outbuilding to the rear.

Officers introduced the report giving a brief summary of the application.

In accordance with the Council's constitution a representative of the petitioners addressed the meeting.  The agent was not present at the meeting.

The petitioner made the following points:-

·         The site is located close to residential properties.

·         The proposal would damage the quality of life for local residents.

·         There was only a 10 foot gap to the closest bedroom window.

·         The proximity of the site would result in odours and noise, which would significantly affect residents in the adjoining flats.

·         The site was directly opposite a school and there were concerns about healthy eating options for the pupils attending the school.

·         In another Borough a Court had overturned a decision on a takeaway in close proximity to a school.

·         The business would be reliant on mopeds to deliver takeaways, which would cause residents noise and disturbance 12 hours a day, 7 days a week.

·         The proposal would cause disturbance to the elderly and families with young children that live close to the site

·         Residents would be unable to open windows in the summer due to the noise and odours emanating from the site.

·         Residents had enjoyed peace and quiet since the previous use had been closed, by the Police and the Courts.

·         The concerns raised in relation to noise and disturbance that would be caused by the delivery mopeds could not be dealt with by condition.

·         The Greenway was a classified road with no parking due to restrictions.

·         There was a pedestrian crossing located in close proximity to the site.

·         Parking currently takes place on the forecourt of the shop and there were concerns about vehicle and pedestrian safety.

·         The takeaway would not provide a viable service to the community.

·         Requested that the Committee refuse the application.

A letter that had been received from a Ward Councillor in support of the petitioners was circulated to Members of the committee.

In answer to a question raised in relation to condition 7 related to the hours use of and condition 8 covered deliveries to the site.  As the Committee were concerned about the clarity of condition 8 officers suggested and it was agreed by the Committee that condition 8 be amended to make it clearer.

Officers advised the Committee that in relation to concerns raised in regard Healthy Eating and the proposal being in close proximity to a school, Hillingdon does not a have a policy in place on this and Members should not give any weight to these concerns.

A Member asked whether the concerns raised in relation to the noise and disturbance by the delivery mopeds had been taken into consideration.

In answer to a question raised in relation to the mopeds being used for delivery officers advised that this had been taken into account.  If the Committee had concerns a condition could be added to cease  ...  view the full minutes text for item 170.

Single storey detached outbuilding to rear for use as storage (Part Retrospective).

Recommendation : Refusal

Single storey detached outbuilding to rear for use as storage (Part Retrospective).

Officers introduced the report setting out the main issues and concerns.

In accordance with the Council's constitution a representative of the petitioners addressed the meeting. The agent was not present at the meeting.

The petitioner made the following points:-

·         Had been a resident for 50 years.

·         Those that had signed the petition object to the change of use to storage.

·         An application for the same building for use as a garage had been refused by the Council and the Secretary of State.

·         The building is an imposing structure and does not harmonise with the street scene.

·         The building does not complement the character of the street scene.

·         The flank wall of the building has a roller shutter and abuts the highway and should be set back 2 metres.

·         Why was there a toilet and washing facility still in the building.

·         It was felt that the building was being used as a business as vehicles offload materials into the garage.

·         The building was unauthorised and there was no consideration for the neighbouring area or residents.

·         The application should be refused and enforcement action taken.

Officers were asked to investigate whether there was a business being carried out from the building.

The recommendation for refusal was moved, seconded and on being put to the vote was agreed.

Resolved - That the application be Refused for the reasons set out in the officer's report.

3-bed detached dwelling (Outline application for access and scale).

Recommendation : Refusal

3-bed detached dwelling (Outline application for access and scale).

Officers introduced the report setting out the main issues.

In accordance with the Council's constitution a representative of the petitioners objecting and the agent/applicant addressed the meeting.

The petitioner made the following points:-

·         Object to house being built behind rear gardens of 5 neighbouring properties.

·         The proposed house was in front of the existing building line.

·         The proposed dwelling would be out of character with the surrounding properties.

·         The proposal would affect the privacy of surrounding gardens.

·         There were concerns that an additional dwelling would cause problems in relation to drainage.

·         The site is located on the edge of a Conservation Area and close to a Listed Building.

·         The site was located in an Area of Special Character, there are policies and guidelines as to what can be built in these areas and the proposal conflicts with most of those policies.

·         In conclusion the proposed dwelling would be an inappropriate development that was out of character with the area.

The applicant made the following points:-

·         Had owned the plot of land and 5 West Common Road had been the family home for 21 years.

·         The applicant wanted to downsize and wanted to secure permission for a dwelling for their retirement on land that they owned.

·         If it had been known that arboricultural and ecological reports were required they would have been provided.

·         The proposed site was not a cultivated garden but used for access and storage.

·         Adjacent buildings had been built forward of the building line so the proposed dwelling would reflect this.

·         The proposed dwelling harmonised with existing properties as there were detached, semi-detached and bungalows in the vicinity.

·         All three windows in the eastern elevation of 18 Colnedale Road were all to non-habitable rooms and were already obscure glazed, which inhibited the view both in and out of these windows.

·         The proposal lies to the north and east of 18 Colnedale Road, and therefore could not possibly cast afternoon shadows to this property as stated in the report. The afternoon sun shines from the opposite direction from the south and west.

·         It was not felt that the affect on the local area would be as significant as suggested and requested that the application be deferred for a site visit.

In answer to comments made in relation to report being incorrect the Committee was informed that in relation to refusal reasons 4 & 5 the reports had not been received.  In regards to the impact on 18 Colnedale Road the dwelling projects in front of the building line and the separation was not sufficient to mitigate the impact. The plot widths in this area were considerable and the proposed dwelling significantly less.

A Member stated that as the visual amenity was difficult to judge from the photographs it was suggested that the application be deferred to enable a site visit to take place.  Deferment for site visit was move, seconded and on being put to the vote was agreed.

Resolved -  ...  view the full minutes text for item 172.

Variation of condition 5 (Storage Heights) of planning permission Ref: 43554/APP/2013/1028 dated 17/10/2013 to increase the height building materials can be stored (Single storey detached shed, raising of roof of existing warehouse and alterations to cladding).

Recommendation : Approval

Variation of condition 5 (Storage Heights) of planning permission Ref: 43554/APP/2013/1028 dated 17/10/2013 to increase the height building materials can be stored (Single storey detached shed, raising of roof of existing warehouse and alterations to cladding).

Officers introduced the report a gave a brief summary of the report and advised the Committee that condition 11 should be deleted, as this condition had been repeated.

The recommendation for approval with condition 11 deleted was moved, seconded and on being put to the vote was agreed.

Resolved - That the application be Approved, subject to the conditions and informatives set out in the officer's report except condition 11, which was deleted.

Single storey rear extension.

Recommendation : Approval

Single storey rear extension.

The Committee asked officers to investigate the outbuildings in the surrounding area to ensure that they were permitted development or had planning permission.

The recommendation for approval was moved, seconded and on being put to the vote was agreed.

Resolved - That the application be Approved, subject to the conditions and informatives set out in the officer's report.

Two storey rear extension for use as a 4 bed self contained dwelling, alterations to existing dwelling to include additional windows and roof alterations.

Recommendation : Refusal

Two storey rear extension for use as a 4 bed self contained dwelling, alterations to existing dwelling to include additional windows and roof alterations.

Officers introduced the report giving a brief summary of the application.

The recommendation for refusal was moved, seconded and on being put to the vote was agreed.

Resolved - That the application be Refused for the reasons set out in the officer's report.

Two storey side extension and part two storey, part single storey rear extension to allow for conversion of existing dwelling to 2 x 2-bed self contained flats with associated parking and amenity space to include the installation of bay windows to front, canopy to side, and vehicular crossover to front involving demolition of attached side garage.

Recommendation : Approval

Two storey side extension and part two storey, part single storey rear extension to allow for conversion of existing dwelling to 2 x 2-bed self contained flats with associated parking and amenity space to include the installation of bay windows to front, canopy to side, and vehicular crossover to front involving demolition of attached side garage.

Officers introduced the report giving a brief summary of the application.

The committee asked for condition 6 to provide for the crossover to be completed prior to occupation of the flats.

The Committee also suggested and agreed that an additional condition be added to require the windows in the east elevation to be obscure glazed.

The Committee raised concerns about there being no defensible space between the first floor flat amenity space and windows in the ground floor flat.  Officers suggested and it was agreed that the application be delegated for approval by the Head of Planning following receipt of an amended plan showing an defensible space between the first floor flats amenity space and the ground floor windows.

The recommendation for delegated approval with condition 6 amended and an additional condition was moved, seconded and on being put to the vote was agreed.

Resolved - That the application be delegated for Approval to the Head of Planning following the receipt of an amended plan showing a defensible space to the windows in the ground floor windows.  That if the application is approved the conditions and informatives set out in the officer's report and addendum sheet circulated at the meeting.  Condition 6 was amended to provide for the crossover to be completed prior to occupation of the flats and an additional condition added to require the windows in the east elevation to be obscure glazed.

Demolition of existing garage blocks and erection of a two storey, detached building containing 4 x 2-bedroom, self contained flats with associated parking and amenity space involving the installation of a cycle and bin store to front (Resubmission).

Recommendation : Approval subject to a S106 Agreement

Demolition of existing garage blocks and erection of a two storey, detached building containing 4 x 2-bedroom, self contained flats with associated parking and amenity space involving the installation of a cycle and bin store to front (Resubmission).

Officers introduced the report giving a brief summary of the report and the amendment set out on the addendum sheet.

The recommendation contained in the officers report was moved, seconded and on being put to the vote was agreed.

Resolved -

That delegated powers be given to the Head of Planning, Green Spaces and Culture to grant planning permission, subject to the following:

A. That the Council enters into an agreement with the applicant under Section 106 of the Town and Country Planning Act 1990 (as amended) and/or Section 278 of the Highways Act 1980 (as amended) and/ or other appropriate legislation to secure:

i) A contribution of £14,118 for capacity enhancements in local schools;

B)  Thatin respectof theapplicationfor planningpermission, theapplicantmeetsthe Council's reasonablecostsin preparationof thelegalAgreement(s)andanyabortiveworkasa resultof theagreementnot beingcompleted.

C)   Thatofficersbe authorisedto negotiateandagreethe detailedterms oftheproposed agreementandconditionsof approval.

D)  Thatif anyof theheads ofterms setout abovehavenot beenagreedandthelegalagreementhas not beenfinalised within6 monthsof thedate ofthisCommittee resolution,or anyother period deemed appropriate bythe Head ofPlanning,GreenSpacesandCulture , thenthe applicationbe refusedfor thefollowingreason:

'Thedevelopmentis likelyto giverise toa significantnumber ofchildrenof schoolagethat wouldrequireadditional educationalprovisions,due tothe shortfallofplacesin schoolsservingthe area.Giventhat alegalagreementor unilateralundertakinghas notbeen offeredandthe applicantsarenot willingto enterinto orprovideanysuchagreement,to addressthis issue,the proposalis consideredtobe contraryto PolicyR17of theHillingdon LocalPlan:PartTwo- SavedUDPPolicies (November2012)andthe Council'sPlanningObligations, SupplementaryPlanningDocument(July 2008).'

E)  Thatsubjectto theabove,the applicationbe deferredfor determinationby theHeadof Planning,GreenSpacesandCulture underdelegatedpowers, subjecttothe completion ofthe legalagreementwiththe applicant.

F)  Thatif theapplicationis approved,the conditions and informatives set out in the officers report be attached, amendments set out on the addendum sheet circulated at the meeting and subjectto anychangesnegotiated bythe Headof Planning,GreenSpacesandCultureprior to issuingthe decision.

Installation of 2 retractable awnings to entrance.

Recommendation : Approval

Installation of 2 retractable awnings to entrance.

Officers introduced the report giving a brief summary of the application.

The recommendation for approval was moved, seconded and on being put to the vote was agreed.

Resolved - That the application be Approved, subject to the conditions and informatives set out in the officer's report.

The Committee received a report setting out the S106 Quarterly Monitoring Report.

Resolved - That the report be noted.

Resolved –

1.    That the enforcement actions as recommended in the officer’s report

was agreed.

2.    That the Committee resolved to release their decision and threasons

for it outlined in this report into the public domain, solely for the  purposes of issuing the formal breach of condition notice to the individual concerned.

This item is included in Part II as it contains information which a) is likely to reveal the identity of an individual and b) contains information which reveals that the authority proposes to give, under an enactment, a notice under or by virtue of which requirements are imposed on a person. The authority believes that the public interest in withholding the Information outweighs the public interest in disclosing it (exempt information under paragraphs 2 and 6(a) of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended).

Resolved –

1.    That the enforcement actions as recommended in the officer’s report

was agreed.

2.    That the Committee resolved to release their decision and the

reasons for it outlined in this report into the public domain, solely for the purposes of issuing the formal breach of condition notice to the

individual concerned.

This item is included in Part II as it contains information which a) is likely to reveal the identity of an individual and b) contains information which reveals that the authority proposes to give, under an enactment, a notice under or by virtue of which requirements are imposed on a person. The authority believes that the public interest in withholding the Information outweighs the public interest in disclosing it (exempt information under paragraphs 2 and 6(a) of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended).

Resolved –

1.    That the enforcement actions as recommended in the officer’s report

was agreed.

2.    That the Committee resolved to release their decision and the

reasons for it outlined in this report into the public domain, solely for the purposes of issuing the formal breach of condition notice to the individual concerned.

This item is included in Part II as it contains information which a) is likely to reveal the identity of an individual and b) contains information which reveals that the authority proposes to give, under an enactment, a notice under or by virtue of which requirements are imposed on a person. The authority believes that the public interest in withholding the Information outweighs the public interest in disclosing it (exempt information under paragraphs 2 and 6(a) of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended).