Agenda and minutes

Apologies had been received from Councillor Judith Cooper with Councillor Edward Lavery substituting.

Councillor Brian Stead declared a non-pecuniary interest in Item 11, as the application was in his ward and remained in the meeting to discuss and vote on the application.

Councillors Dominic Gilham and Wayne Bridges both declared a pecuniary interest in Item 11, and both left the room whilst the item was discussed.

Councillor MoKhursheed declared a non-pecuniary interest in Items 9 and 13, as the applications were in his ward and remained in the meeting to discuss and vote on the application.

The minutes of the meeting held on 13 June 2013 were agreed as a correct record and signed by the Chairman.

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

Change of use from retail (Use Class A1) to a mixed use comprising restaurants and cafe/hot food takeaway (Use Class A3/A5) and alterations to shopfront (Deferred from C&S Committee 13.6.13).

Recommendation: Approval

Change of use from retail (Use Class A1) to a mixed use comprising restaurants and cafe/hot food takeaway (Use Class A3/A5) and alterations to shopfront.

Officers introduced the report and outlined the changes as per the addendum.

The application seeked planning permission for the change of use of the existing property at 39 Station Road to a mixed use comprising a restaurant and café.

The application was previously deferred from the Central and South Committee on 13 March 2013.  Amended plans had been submitted which demonstrated acceptable arrangements and clearly showed that the proposals would retain the facilities necessary for the upstairs residential occupiers.

Members noted a petition had been received in support of the proposals.

Members were concerned about access and egress in the event of an emergency.  Officers informed the Committee that the proposal would not have any unacceptable impacts regardless of the split of trade between the units.

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

Resolved: That the application be approved subject to the conditions outlined in the officer’s report and changes as per the addendum.

Installation of vehicular crossover to front.

Recommendation: Approval

Installation of vehicular crossover to front.

Officers introduced the report and outlined details of the application. The proposals as originally submitted were considered unacceptable because the car would have to enter at an angle and could overhang the curb. 

Officers informed the Committee that all neighbouring properties have similar crossovers; the proposal would not cause any harm which would justify refusal.

In accordance with the Council’s constitution a representative of the petition received in support of the proposals was invited to address the meeting. The lead petitioner was also the applicant and raised the following points:

• His vehicle was only 3.6 metres long and would not overhang.
• Currently parked his vehicle on a busy road.
• Had been subjected to abuse from motorists.
• An articulated lorry recently crashed outside his property.
• The houses were built in 1906.
• Commuters often parked in the area.
• Only house that did not have a drop kerb.
• Expecting first child and did not want issues with parking on a busy road.

Members agreed that the proposal was acceptable and parking off-street was more practical and safe.

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

Resolved – That the application be approved, subject to the conditions and informative set out in the officer’s report.

Demolition of existing service station and redevelopment to provide a new Use Class A1 Retail Store, ATM , Parking, Landscaping and other ancillary work.

Recommendation: Approval subject to a S106 Agreement

Demolition of existing service station and redevelopment to provide a new Use Class A1 Retail Store, ATM , Parking, Landscaping and other ancillary work.

Officers introduced the report and outlined details of the application.

The application was considered by the Central and South Planning Committee on 2 July 2013 where Members voted to approve the application, subject to a legal agreement and conditions.

Since the date of the last meeting the applicant had contacted officers as they considered the hours of use imposed on the unit to be too restrictive. 

Members noted that the previous use of the site was as a 24 hour petrol station and associated shop which had no operating restrictions.  The proposed hours of use would enable the premises to operate between 07:00 and 23:00 hours; these hours were not sensitive hours in planning terms.

Members noted that the Head of Terms in the officer’s report was amended to delete point '1.

The recommendation 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.

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:

1.Provision of a pedestrian crossing on Coldharbour Lane  (location, design,  road safety audit, approval, and implementation) ;

2.Service vehicle size restricted to 11m long, and servicing and management plan.

B. That in respect of the application for planning permission, the applicant meets the  Council's  reasonable  costs  in  preparation  of  the  Legal  Agreement  and  any abortive work as a result of the agreement not being completed.

C.  That  officers  be  authorised  to  negotiate  and  agree  the  detailed  terms  of  the proposed agreement.

D. That  if any of  the heads of  terms set out above have not been agreed and  the S106  legal  agreement has not been  finalised within  6 months of  the date of  this permission,  or  any  other  period  deemed  appropriate  by  the  Head  of Planning, Sport  and  Green  Spaces  then  delegated  authority  be  granted  to  the  Head  of Planning,  Sport  and  Green  Spaces  to  refuse  the  application  for  the  following reason:

'The  development  has  failed  to  secure  obligations  relating  to  pedestrian  safety. Accordingly,  the proposal is contrary  to policy AM7 of  the Hillingdon Local Plan: Part Two Saved UDP Policies (November 2012), the Council's Planning Obligations SPD.’

E. That subject to the above, the application be deferred for determination by the Head of Planning, Sport and Green Spaces under delegated powers, subject to the completion  of  the  legal  agreement  under  Section  106  of  the  Town  and  Country Planning Act 1990 and other appropriate powers with the applicant.

F. That if the application is approved, the conditions set out in the officer’s report be attached.

Change of use from Use Class A1 (Shops) to Use Class A3/D2 (Restaurants and Cafes/Assembly and Leisure) for use as a play cafe involving alterations to shop front and installation of temporary external seating and barriers to front. (Deferred from C&S Committee 15.5.13).

Recommendation: Approval

Change of use from Use Class A1 (Shops) to Use Class A3/D2 (Restaurants and Cafes/Assembly and Leisure) for use as a play cafe involving alterations to shop front and installation of temporary external seating and barriers to front.

Officers introduced the report and outlined the changes as per the addendum.

The application was deferred from the Central and South on 15 May 2013 to seek amended plans to demonstrate improved pedestrian access on the pavement; clarification of land ownership of the pavement; and confirmation of the location of the refuse bins.

Officers informed the Committee that the amended plans that had been received demonstrated appropriate arrangement for the seating. The ownership of the highway had been confirmed as being in the ownership of the landlord (this had also been confirmed with the Council's Highways Team). 

Members noted that the applicant had the right to use the bin store facility which was erected to serve the unit as part of the High Point Village development. 

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

Resolved: That the application be approved subject to the conditions outlined in the officer’s report and changes as per the addendum.

4 x 2-storey, 3-bed, semi-detached houses with habitable roofspace and 3 x two storey, 3-bed, detached houses with habitable roofspace with associated parking and amenity space involving demolition of existing B1 office building

(Deferred from C&S Committee 13.6.13).

Recommendation: Approval subject to a s106 Agreement

4 x 2-storey, 3-bed, semi-detached houses with habitable roofspace and 3 x two storey, 3-bed, detached houses with habitable roofspace with associated parking and amenity space involving demolition of existing B1 office building.

Officers introduced the report and outlined the changes as per the addendum.

The application was deferred from the Central and South Planning Committee on 13 June 2013 in order to seek alternative solutions for the provision of windows to bedroom 1 in unit 6.

Officer informed the Committee that the applicant had provided amended plans which altered the glazing arrangement for units 6 and 7.  The proposed solution would not cause any overlooking of other proposed properties and would ensure high levels of light and outlook for the future occupiers of units 6 and 7.

The recommendation 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.

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

i) 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:

          a) A contribution towards capacity enhancements in local educational establishments made necessary by the development;

          b) A contribution of £20,000 towards ecological and environmental enhancements to the Little Britain SINC made necessary by the development;

          c) Creation  of  new  access  and  stopping  up  of  old  access  and  footway reinstatement

         d). Project Management and Monitoring Fee:  in  line with  the SPD  a  financial contribution equal to 5% of the total cash contributions is to be secured to enable the management and monitoring of the resulting agreement.

2.2 That in respect of the application for planning permission, the applicant meets the Council's  reasonable  costs  in preparation of  the Section  106 Agreement and any abortive work as a result of the agreement not being completed.

2.3  That  officers  be  authorised  to  negotiate  and  agree  the  detailed  terms  of  the proposed agreement.

2.4 That if any of the heads of terms set out above have not been agreed and the S106  legal  agreement has not been  finalised within  6 months of  the date of  this report, or any other period deemed appropriate by the Head of Planning, Sport and Green Spaces then delegated authority be granted to the Head of Planning, Sport and Green Spaces to refuse the application for the following reason:

'The  development  has  failed  to  secure  obligations  relating  to  capacity enhancements  in  local  educational  establishments  made  necessary  by  the development  and  ecological  and  environmental  enhancements  to  the  canal  and little Britain Lakes area.  Accordingly, the proposal is contrary to policies R17 and EC5 of the Hillingdon Local Plan: Part Two Saved UDP Policies (November 2012), the Council's Planning Obligations SPD.’

2.5 That subject to the  ...  view the full minutes text for item 55.

Conversion of first and second floor for use as 2 x 2-bed and 7 x 1-bed self contained flats with associated parking and amenity space, to include alterations to elevations and installation of enclosed staircase and lift shaft to roof.

Recommendation: Approval subject to a s106 Agreement

Conversion of first and second floor for use as 2 x 2-bed and 7 x 1-bed self contained flats with associated parking and amenity space, to include alterations to elevations and installation of enclosed staircase and lift shaft to roof.

Councillors Dominic Gilham and Wayne Bridges declared a pecuniary interest in this item and left the room whilst the item was discussed.

Officers introduced the report and outlined the changes as per the addendum.

The application seeked planning permission for the conversion of the first and second floor of Topps Tiles on the Uxbridge Road for use as 9 flats, with associated parking, amenity space and alterations to elevations.

The application proposed adequate car parking, refuse and recycling facilities for the future residents.

Members questioned the number of parking spaces allocated for electric vehicles.  Officers informed the Committee that a change to the addendum had been made, and that 1 parking space would be an electric vehicle charging point rather than the 5% previously stated. 

Members were concerned about the roof terrace due to the close proximity of a primary school.  Officers informed Members that there had been no concerns from the Metropolitan Police Crime Prevention Officer.

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

Resolved: That the application be approved subject to the conditions and informatives outlined in the officer’s report and changes as per the addendum.

A. That the Council enters into a legal agreement with the applicant under Section 106 of  the 1990 Town & Country Planning Act  (as amended) or other appropriate legislation to secure:

B: A contribution of £14,857 to be used towards capacity enhancements in near by educational facilities made necessary by the development.

C.  That  officers  be  authorised  to  negotiate  and  agree  the  detailed  terms  of  the proposed agreement.

D.  If  the  Legal  Agreement/s  have  not  been  finalised within  3 months,  delegated authority  be  given  to  the  Head  of  Planning,  Sport  and  Green  Spaces  to  refuse planning permission for the following reason:

'The  applicant  has  failed  to  provide  contributions  towards  the  capacity enhancements in near by educational facilities made necessary as a consequence of  demands  created  by  the  proposed  development.  The proposal therefore conflicts with Policy R17 of the Hillingdon Local Plan: Part 2 - Saved UDP Policies.’

E. That if the application is approved, the conditions set out in the officer’s report be attached.

Resolved – That the S106 Quarterly Monitoring Report for the period up to 31 March 2013 be noted.

The recommendations as set out in the officer report were moved, seconded and on being put to the vote were agreed.

Resolved –

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

2. That the Committee resolve 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.

The report relating to this decision is not available to the public because it contains information which reveals that the authority proposes (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; and (b) to make an order or direction under any enactment and the public interest in withholding the information outweighs the public interest in disclosing it (exempt information under paragraph 6 of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended).

Officers introduced the report and outlined details of the application.

Members discussed the application in more detail.

The recommendation for approval was moved, seconded and on being put to the vote, was lost.  A recommendation for refusal was then moved, seconded and on being put to the vote there were 5 Members who voted for refusal and 2 Members against.  Refusal was therefore agreed.

Resolved – That the application be refused.

This item is included in Part II as it contains information which is sensitive and likely to reveal the identity of an individual. The authority believes that the public interest in withholding the information outweighs the public interest in disclosing it (exempt information under paragraph 2 of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended).