Agenda and minutes

Apologies for absence were received from Councillors Beales, Hatton, Johnson, Simon and Vincent.

The Planning Committee is asked to note the Terms of Reference.

RESOLVED –

THAT the Planning Committee Terms of Reference be noted.

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.

(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.

To consider the minutes of the meetings held on 21 March 2024, 8 April 2024, and 18 April 2024.

Consideration was given to the Minutes of the previous meeting.

RESOLVED –

THAT the Minutes of the meetings held on 21 March 2024, 8 April 2024, and 18 April 2024 be agreed and signed as an accurate record of the meeting.

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 12 months.

Consideration was also given to the supplementary information, deputations, and written submissions contained within the supplementary agenda.

The Planning Officer introduced the report.

Responding to questions, officers provided the following information:

• Officers would have to be satisfied that certain conditions, such as the installation of noise mitigation measures, were complied with before the proposed use and hours granted by the planning permission could commence.
• The application was for temporary permission for 12 months; during this time, the site would be monitored and different data, such as complaints received, would be taken into consideration when considering the success of the Operational Management Plan (OMP) and the noise mitigation controls.
• An OMP would outline how the venue would be operated and any controls in place. Furthermore, it must include details about a formal complaint procedure. This would allow officers to understand the nature of any problems and how well complaints were dealt with by the operators.
• The Environmental Health Officer confirmed that the proposed noise conditions were more robust than those currently in place, and compliance with the conditions would have to be confirmed before operation under the new permission, if granted, could commence.
• If the venue was operating as a nightclub, this would be a materially different use and enforcement action could be taken if required.
• Previously, action had been taken on the site because a use of this nature had been operated. Any complaints would be investigated and responded to.
• The transport and dispersal strategy would include managing traffic flow. The proposed development would be car-free, but that would have limited impact. The OMP would require the operator to direct those leaving the venue away from residents towards Camden Town and nearby public transport routes. The OMP would be designed to alleviate issues, but it was acknowledged that taxis could cause issues, it would be difficult to control but it might also not be desirable to prevent people using them if they felt that was safer. The OMP would encourage people to use public transport.
• Insulation measures, including improved glazing, curtains, foam tiles, and sound limiters to control amplified sound, were required to be installed as outlined in conditions 8 to 10.
• Delancey Passage, being a shared access route, was difficult to include controls on. However, the applicant would be required to operate the venue in a way that did not add to any issues in this area.
• From a planning perspective, the site was a music venue, it was not considered by officers to be reasonable to condition that DJs could not play.
• A wind-down period would be included in the Dispersal Policy, required within the OMP, which would be secured under a Section 106 legal agreement.

Deputees responded to questions as follows:

• 12 months could be a long time with many late nights if the venue developed into more of a nightclub setting. Sleepless nights could occur if there were events that required Environmental Health to be called.
• It was hoped that a condition could be added stipulating  ...  view the full minutes text for item 8(1)

Application no: 2023/4355/P      Officer: Sam FitzPatrick

Proposal: Use of the basement, ground, and first floors of the site for interactive entertainment which includes immersive theatre and associated ancillary bar space (Sui Generis).

RECOMMENDATION: Grant conditional planning permission subject to a Section 106 Legal Agreement.

Upon being put to the vote, it was unanimously

RESOLVED –

THAT Planning Permission be granted subject to conditions and Section 106 obligations, as set out in the agenda.

ACTION BY:   Director of Economy, Regeneration & Investment                                 Borough Solicitor

Application no: 2023/1201/P      Officer: Ewan Campbell

Proposal: Change of use from Gymnasium (Class E) to flexible use as either Educational Use (Class F.1(a)) or Office Use (Class E). Erection of a single storey upwards extension, new façade, lift overrun, alterations to window arrangements and internal layout with associated cycle and refuse storage.

RECOMMENDATION: Grant conditional planning permission subject to a Section 106 Legal Agreement.

Consideration was also given to the deputations contained within the supplementary agenda.

The Planning Officer introduced the report.

Planning Officers provided the following information in response to questions:

• With regard to renewable energy, Photovoltaics (PV) Panels had been secured as part of a pre-commencement condition.
• The condition did not specify the number of PV Panels and was worded to secure more panels to improve energy from renewable sources, if possible, though limited roof space could impact achieving this.
• The Operational Management Plan (OMP) was secured by a Section 106 agreement, and all OMPs were bespoke as different uses had different issues. Sometimes a draft was provided early, but on occasion, this was not possible. However, a final draft must be ready for sign-off prior to commencement.
• The OMP could be required to address issues such as loitering and other security/amenity concerns regarding use of the courtyard.

The Applicant confirmed that the proposed facility was for university students undertaking both bachelor's and master's degrees.

Responding to a concern about issues with loitering in the courtyard area, the applicant advised that security, site and reception staff would be in attendance when students were on site and would monitor issues arising from use of the courtyard area.

In response to a follow-up question, it was confirmed that contact information for facilities management would be available to report concerns. Furthermore, to mitigate issues in the courtyard area, students would be informed that they could not hang around outside as it was a residential area. The facilities manager and security would monitor this. Access to the facility was through the courtyard, but students would be told not to loiter, and signage would remind students of this.

In terms of engagement, the applicant’s representative advised that residents had been invited to discuss the proposals, and changes were made to the application as a result. The applicant was motivated to continue engaging with residents and ensure ongoing collaboration with neighbours.

The deputee believed that residents' lived experiences had not yet been addressed by the applicant, and the present management of the yard was not working, and it continued to be a challenging space to manage. They believed that changing some aspects of the application could help alleviate some of the issues.

Officers explained that the OMP secured by the Section 106 agreement would consider the issues raised about management/use of the courtyard, including loitering, and that drafting of the obligation would specifically reference the need to address this.

Upon being put to the vote, it was unanimously

RESOLVED –

THAT Planning Permission be granted subject to conditions and Section 106 obligations, as set out in the agenda.

ACTION BY:   Director of Economy, Regeneration & Investment                                 Borough Solicitor

Application no: 2024/0039/P      Officer: Sam FitzPatrick

Proposal: Replacement of existing window with door opening (retrospective), installation of new timber framed door and Juliette balcony to opening on rear elevation at first floor level.

RECOMMENDATION: Grant conditional planning permission with enforcement action to be taken.

Consideration was also given to the deputations as contained within the supplementary agenda.

Responding to questions, Planning Officers provided the following information:

·       Consultation on the application had been undertaken, site notices were displayed, and press notices had been published.

·       Part of the recommendation was for an enforcement notice to be served, therefore if permission was granted a notice would be served so the UPVC door must be removed/replaced.

·       Given that an application was submitted in an attempt to resolve the planning issues, it was considered appropriate to wait for the committee to consider the application, before any formal enforcement action was taken.

·       If granted, the issues could be resolved by implementing the planning permission, which would mean outstanding enforcement issues would be resolved.

·       If the enforcement notice was not complied with, following the appeal period, prosecution action could be taken.

·       However, as an application was submitted it was hoped that such action would not need to be taken, but it was there as an option if there was noncompliance.

·       In terms of the proposed door, timber was considered more suitable from both a design and sustainability perspective. Timber was regenerative, and therefore had low embodied carbon.

On being put to the vote, with five in favour of the officer recommendation and 1 abstention, it was

RESOLVED –

THAT planning permission be granted with conditions and enforcement action to be taken, as set out in the agenda.

There was none.