Agenda and minutes

Apologies for absence were received from Councillors Hatton and Vincent.

Members will be asked to declare any pecuniary or non-pecuniary interests in respect of items on this agenda.

There were none.

Webcasting of the Meeting

The Chair to announce the following: “In addition to the rights by law that the public and press have to record and film public meetings, I would like to remind everyone present that this meeting will be broadcast live by the Council to the Internet and can be viewed on our website for twelve months after the meeting. After that time, webcasts are archived and can be made available on DVD upon request.

If you are seated in the Chamber it is likely that the Council’s cameras will capture your image and you are deemed to be consenting to being filmed and to the use of those images and sound recordings for webcasting and/or training purposes. If you are addressing the Committee your contribution will be recorded and broadcast unless you have already indicated that you do not wish this to happen.

If you wish to avoid appearing on the Council’s webcast you should move to one of the galleries.”

Any Other Announcements

Webcasting

The Chair announced that the meeting was being broadcast live to the internet and would be capable of repeated viewing and copies of the recording could be made available to those that requested them.  Those seated in the Chamber were deemed to be consenting to being filmed.  Anyone wishing to avoid appearing on the webcast should move to one of the galleries.

Change to the Published Agenda

The Chair also announced that since the publication of the agenda the Director of Economy, Regeneration and Investment has withdrawn the report on the application in respect of 3-7 Delancey Street, London NW1 7NL, which was due to be considered under Agenda Item 6(1).

The Director had come to the view that further information was required from the applicant, therefore the application would be considered at a future meeting of the Committee, once the additional information was made available and the report updated.

(i)       Written Communications

The Committee will be asked to receive written submissions in respect of items on the agenda, if any.

(ii)      Deputations

The Committee will be asked to receive requests for deputations in respect of items on the agenda, if any.

RESOLVED –

THAT the written submissions and deputation requests contained in the supplementary agenda be accepted.

There was no such business.

Report of the Executive Director Supporting Communities.

Consideration was given to the report of the Executive Director Supporting Communities.

Application no: 2023/3285/P      Officer: Sam FitzPatrick

Proposal: Change of use of ground and first floor from café/restaurant (Class E) and music recital hall (Sui Generis), to live music event space with café and restaurant (Sui Generis) with extension of operational hours to play live and recorded music from 08:00-00:00 Monday to Thursday, 08:00-02:00 Friday to Saturday, and 08:00-22:30 on Sunday.

RECOMMENDATION: Grant conditional planning permission subject to a Section 106 Legal Agreement for a temporary period of 18 months.

The report in respect of the application for 3-7 Delancey Street, London NW1 7NL was withdrawn, therefore this item was not considered.

Application no: 2022/2863/P      Officer: Blythe Smith

Proposal: Erection of a single storey timber garden studio for ancillary residential purposes.

RECOMMENDATION: Grant conditional planning permission. 

Consideration was also given to the written submissions and deputation requests contained within the supplementary agenda.

Responding to Committee Member questions, Planning Officers provided the following information:

• To ensure that the development would not have an adverse impact on existing trees, a Tree Protection Plan was required by condition to ensure that measures were in place to protect trees, including their root protection areas, on the site during construction. 
• If other gardens in the area proposed to erect structures similar to the one proposed in the application, consideration would need to be given to the cumulative impact each would have on the conservation area. However, the green and open character of the area was preserved by the current proposals in the application that was before the Committee for consideration.
• Legislation requires that conservation areas re preserved or enhanced, applications would be assessed on this basis.
• Furthermore, all applications must be considered on their own merits, an application could not be refused because of concern that it may create a precedent for similar applications in the area.
• The application site was a large, subdivided garden and the proposed studio room designed as a garden structure which was in keeping with the local area.
• A studio in a neighbouring garden was built without permission and a retrospective application was refused due to the excessive height/scale of the structure. Enforcement action in respect of this structure was underway. 
• Condition 4 stated that, if approved, the studio could only be used for ancillary residential uses, which were everyday uses in connection with the flat and could include an art studio space, gym, or extra living space. The studio could not be used as a self-contained residential dwelling.
• In terms of biodiversity and loss of wildlife, the local planning authority had limited controls but could protect trees in Conservation Areas and through Tree Preservation Orders.
• Whilst planning policies aimed to improve biodiversity, it was acknowledged, however, that some works such as garden clearance and relandscaping could have an adverse impact on biodiversity, but it was not possible to prevent lawn removal or digging up shrubs, for example.

The applicant confirmed the following information in response to questions from Members:

• The garden room would be used as an art studio.
• There were no changes to access arrangements proposed within the application, the garden studio would be accessed in the same way the garden was at present.
• The applicant accessed the garden via the  back door, which led to an alley way which was used to access the gardens to the rear of the property.

On being put to the vote, in favour of the officer recommendation, it was unanimously

RESOLVED –

THAT Planning Permission be granted subject to conditions, as set out in the agenda.

ACTION BY:   Director of Economy, Regeneration & Investment                                

There was none.