Agenda and minutes

To elect the Chair of the Development Control Committee for the remainder of the 2011/2012 municipal year.

RESOLVED –

THAT Councillor Milena Nuti be elected as the Chair of the Development Control Committee for the remainder of the 2011-12 municipal year.

An apology for absence was received from Councillor Neumark.

An apology for lateness was received from Councillor Hayward.

Members will be asked to declare any personal or prejudicial interests in respect of items on this agenda.

In relation to Item 8(1), Plot B3, King’s Cross Central, Councillor Vincent declared that she worked for Urban Design London, who were hosted by Transport for London. She did not consider this to be a prejudicial interest and thus took part in the consideration of the item.

In relation to Item 8(1), Plot B3, King’s Cross Central, Councillor Nuti, declared that she knew Gregory Cowan, a deputee, through Living Streets, King’s Cross, but had not discussed the application with him. She did not consider this to be a prejudicial interest and thus took part in the consideration of the item.

In relation to Item 8(6) 51-53 Fairfax Road, Councillor Freeman declared that he had had contact with the deputee regarding the item. He considered this to be a prejudicial interest and thus did not take part in the consideration of the item.

Webcasting of the Meeting

The Chair to announce the following: “I would like to remind everyone present that this meeting will be broadcast live to the Internet and will be capable of repeated viewing and copies of the recording could be made available to those that request them.

If you are seated in the chamber it is likely that the 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 webcast you should move to one of the galleries.”

Any Other Announcements

Webcasting of the Meeting

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 and those addressing the Committee would be recorded and broadcast. Anyone wishing to avoid appearing on the webcast should move to one of the galleries.

Special Meeting of the Committee

The Committee were reminded of the Special Development Control Committee meeting scheduled for 7pm on Thursday 10^th November 2011.

Developer Briefings

The Head of Development Management reminded the Committee that there would be two Developer Briefings at 5pm and 6pm on Monday 14^th November 2011.

(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 deputation requests and written submissions contained in the supplementary agenda be agreed.

            TO NOTE: All

There was no such business.

To consider the minutes of the meeting held on Thursday 13^th October 2011.

RESOLVED –

THAT the minutes of the meeting held on 13^th October be approved and signed by the Chair as a correct record.

            TO NOTE: All

Report of the Director of Culture and Environment.

Consideration was given to the report of the Director of Culture and Environment.

Application No: 2011/4090/P       Officer: Conor McDonagh

Proposal: Submission of Reserved Matters relating to Development Zone B3 for the erection of a 13 storey building plus basement comprising 2,772sqm of public leisure centre facilities (Class D2) at basement and lower ground floor, 2,066sqm of public library and access centre (Class D1/B1) at upper ground and first floor, 15,182sqm of office floorspace (Class B1) at second to eleventh floors, associated areas of plant, refuse storage, cycle storage, disabled car parking and servicing at basement level, with associated areas of public realm landscaping. Matters addressed by this submission entail associated details in compliance with condition nos. 3, 6, 9, 10, 12, 14, 16-23, 27, 28, 31, 33-38, 44-46, 48, 49, 51, 56, 60, 64-67 and S106 Agreement Part L of the outline planning permission for a comprehensive, phased, mixed-use development of former railway lands within the Kings Cross Opportunity Area (Ref: 2004/2307/P granted subject to s106 agreement on 22 December 2006).

RECOMMENDATION: To approve reserved matters subject to conditions and to approve the details of the outline conditions.

The Planning Officer outlined the report and stated that there had been late objection received from the King’s Cross Conservation Area Advisory Committee regarding the height of the building, the impact on listed buildings and the two-tone bronze.

In the absence of the deputee, the Committee considered the written deputation as a written submission as outlined in Item 5 above.

In response to questions, officers remarked that the narrowest point of the pavement was three metres and the widest was six metres. The Conservation and Design Officer stated that the two-tone bronze would tone down slightly when weathered, and she stated that the material was appropriate and acceptable for its setting, especially in relation to the industrial King’s Cross railway station.

Some Members stated that they were concerned regarding pedestrian and cyclist safety, especially pedestrians who would be coming from south of the Euston Road. Further concern was raised regarding haulage routes. The Chair requested that future reports contain a sub heading of, pedestrians.

In response to a question from the Committee, the Assistant Director Culture and Customer stated that the new leisure centre was for both children and families. The management on the site would ensure that children would not be able to access the facilities which were for the use of adults.

On being put to the vote, with 10 in favour and 1 abstention, it was

RESOLVED –

THAT the reserved matters subject to conditions and outlined conditions be approved as stated in the report.

            ACTION BY: Director of Culture and Environment.

Application No: 2011/4069/P       Officer: Conor McDonagh

Proposal: Change of use of fifth and sixth floor level from serviced apartment use (Sui Generis) to out patient accommodation (Sui Generis), erection of roof level extension to provide fire escape routes and new street level entrance doors on north elevation.

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

It was unanimously,

RESOLVED –

THAT planning permission be granted subject to a Section 106 agreement and conditions as outlined in the report.

            ACTION BY: Director of Culture and Environment.

Application No: 2011/3552/P       Officer: Elizabeth Beaumont

Proposal: Use of basement as a table tennis centre with ancillary cafe (Class D2) and installation of extract duct to rear courtyard.

RECOMMENDATION: Grant planning permission subject to a Section 106 agreement.

The Planning Officer reported that there was an amendment to the hours of use condition, Monday – Wednesday, 07:00 – 00:30; Thursday – Saturday, 07:00 – 01:30 and Sunday 07:00 – 00:00.

The Committee then considered the additional information contained in the supplementary agenda.

Some Members raised concerns regarding the possibility of the premises turning into a drinking venue rather than staying as a sports club, and the detrimental impact that would have on the residential amenity. The Legal Advisor stated that the Committee could add an informative and amend the Community Management Plan, to reflect that the café/bar must be ancillary to the table tennis centre and only accessible for users of the facility.

The Committee welcomed the sports facility but it was requested that an informative be added and the Community Management Plan be amended which recognised the possible environmental impact, such as public safety.

On being put to the vote, with the addition of the informative, it was unanimously,

RESOLVED –

(i)                 THAT planning permission be granted subject to a Section 106 agreement and conditions as outlined in the report.

(ii)               THAT the following informative be added:-

The applicant is reminded that the café/refreshment area shown on the approved plans is ancillary to the use as a table tennis centre.

(iii)     THAT the Community Management Plan include the requirement for the applicant to regularly monitor and manage any impacts from the use of the facility on the wider environmental impact, public safety and local crime.

            ACTION BY: Director of Culture and Environment

                                     Head of Legal (AB)

Application No: 2011/3471/P       Officer: Gavin Sexton

Proposal: Erection of building comprising basement, ground and first to third floor plus roof to provide 1 x 1-bedroom, 3 x 2-bedroom and 5 x 3-bedroom self-contained flats (following demolition of the existing building except party wall to 9 Netherhall Gardens).

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

Application No: 2011/3477/C       Officer: Gavin Sexton

Proposal: Demolition of existing building (with the exception of the party wall with 9 Netherhall Gardens).

RECOMMENDATION: Grant conditional conservation area consent.

The Committee considered the additional information contained in the supplementary agenda.

In response to questions, the Planning Officer stated that the existing bricks were not in a condition that they could be re-used for building the façade of the new building, but could possibly be used elsewhere within the development. The Committee requested that an informative be added to ensure the bricks were reused in the development where possible.

On being put to the vote, with the addition of an informative, it was unanimously,

RESOLVED –

(i)                 THAT planning permission be granted subject to a Section 106 agreement and conditions as outlined in the report;

(ii)               THAT conservation area consent be granted subject to the conditions as outlined in the report; and

(iii)             THAT an informative be added stating:-

You should use reasonable endeavours to reduce material usage and minimise waste by re-using or recycling materials from the building that is to be demolished.

            ACTION BY: Director of Culture and Environment

                                     Head of Legal (AB)

Application No: 2011/0962/P       Officer: Max Smith

Proposal: Change of use from retail use (Class A1) at ground floor and basement level to a mixed retail (Class A1) and restaurant use (Class A3) including installation of extract flue from first floor to roof level on rear elevation.

RECOMMENDATION: Grant conditional planning permission.

The Committee considered the deputation and written submission referred to in Item 5 above and the additional information contained in the supplementary agenda.

Members raised concerns regarding the proximity of the rear door of the unit, which would be used by kitchen staff, to neighbouring residential properties. Discussion took place regarding measures that could be taken to reduce the potential for disturbance from staff to nearby residents. In response to concerns the Planning Officer stated that a condition could be added to restrict use of the rear door for servicing the premises and fire escape only.  It was also suggested that the hours of servicing could be controlled by condition aligning with any restrictions on hours of servicing on the licence which had previously been granted by a Licensing Panel. 

In response to concerns relating to the mixed A1 and A3 use of the unit, the Planning Officer stated that planning policy allowed for up to a 50 percent mix of uses across neighbourhood centre units. The application under consideration was not solely A3 use, but even if it had been, it would still have complied with the policy. It was clarified that the unit would be a mix of A1 and A3 use, with a maximum of 24 covers in the upstairs dining area and 20 covers in the downstairs dining area. It was confirmed that there would be no outdoor seating proposed after 19:00 hours.

Some Members did not feel it was clear how the unit would be split between A1 and A3 use. It was also felt that the increase in late night activity would result in noise and disturbance to the detriment of the residential amenity above and to the rear of the site.

On being put to the vote, with the addition of a condition to restrict the use of the rear door and to control servicing, with six in favour of the officers recommendation and, six against, the Chair used her casting vote, and it was

RESOLVED –

THAT planning permission be refused for the following reasons:-

The proposed restaurant would result in an increase in late night activity, noise and disturbance to the detriment of the amenity of local residents   contrary to policy CS5 and CS7 of the LDF Core Strategy and DP12 and DP26 of the LDF Development Policies.

ACTION BY: Director of Culture and Environment

Application No: 2011/3253/P       Officer: Jonathan Markwell

Proposal: Erection of replacement two storey rear extension at ground and first floor levels, excavation of enlarged basement level, erection of replacement ancillary residential outbuilding in rear garden and associated alterations to single family dwellinghouse (Class C3).

RECOMMENDATION: Grant planning permission subject to a Section 106 agreement.

Application No: 2011/3254/L       Officer: Jonathan Markwell

Proposal: Internal and external alterations in association with erection of replacement two storey rear extension at ground and first floor levels and excavation of enlarged basement level to single family dwellinghouse (Class C3).

RECOMMENDATION: Grant listed building consent.

The Committee considered the deputation and written submission referred to in Item 5 above.

In response to questions, officers clarified that the Hampstead Conservation Area Advisory Committee had not commented on the application.

On being put to the vote, it was unanimously,

RESOLVED –

(i)                 THAT planning permission be granted subject to a Section 106 agreement and conditions as outlined in the report; and

(ii)               THAT listed building consent be granted.

ACTION BY: Director of Culture and Environment

                        Head of Legal (AB)

Application No: 2011/3965/P       Officer: Jennifer Walsh

Proposal: Change of use of ground floor level retail unit (Class A1) to restaurant / café use (Class A3).

RECOMMENDATION: Grant conditional planning permission.

On being put to the vote, it was unanimously,

RESOLVED –

THAT planning permission be granted subject to conditions as outlined in the report.

            ACTION BY: Director of Culture and Environment

The next meeting of the Committee will be held on Thursday 10^th November 2011.

Agendas and reports for this meeting will be available from 5pm on 2^nd November 2011 at www.camden.gov.uk/democracy or by contacting Vicky Wemyss-Cooke, tel: 020 7974 5726 or dc@camden.gov.uk.

It was noted that the next special meeting of the Committee would take place on Thursday 10^th November 2011, and the next ordinary meeting of the Committee would take place on Thursday 24^th November 2011.

There was no such business.