Agenda, decisions and minutes

The Planning Sub-Committee are to note that at the Corporate Committee meeting on 7 June 2023, Councillor Steve Race and Councillor Jessica Webb are to be approved as Chair and Vice-Chair respectively of the Planning Sub-Committee for the municipal year 2023/24.

RESOLVED:

It was noted that Councillor Steve Race and Councillor Jessica Webb had been appointed as Chair and Vice-Chair of the Planning Sub-Committee by Council and the Corporate Committee, for the municipal year 2023/24.

1.1  The Planning Sub-Committee noted the appointment of Councillor Steve Race and Councillor Jessica Webb had been appointed as Chair and Vice-Chair of the Planning Sub-Committee by Council on 17 May 2023 and the Corporate Committee on 7 June 2023, for the municipal year 2023/24.

RESOLVED:

It was noted that Councillor Steve Race and Councillor Jessica Webb had been appointed as Chair and Vice-Chair of the Planning Sub-Committee by Council and the Corporate Committee, for the municipal year 2023/24.

The Committee is required to note the terms of reference as set out in Part 3, paragraph 3.3.6 of the Council’s Constitution. The Committee is also to note that the Constitution, including the terms of reference for Committees is being reviewed by the Constitution Committee. Any changes to the terms of reference will be reported to a future Planning Sub-Committee.

RESOLVED:

To note the Terms of Reference for the Planning Sub-Committee for the municipal year 2023/24.

2.1  The Planning Sub-Committee noted the Terms of Reference for the Planning Sub-Committee for the municipal year 2023/24.

RESOLVED:

To note the Terms of Reference for the Planning Sub-Committee for the municipal year 2023/24.

3.1   Apologies for absence were received from Councillors Desmond and Narcross.

3.2  It was noted that Cllr Samatar joined the meeting remotely. The Chair reminded the Committee members that any Councillors accessing the meeting remotely were not counted as being ‘present’ for the purposes of the Local Government Act 1972 and may not vote on any item under consideration. At the discretion of the Chair, may however contribute to the discussion and participate in non-decision making capacity.

4.1   There were no declarations of interest.

5.1  There were no proposals or questions referred to the Planning Sub-Committee from the Council’s Monitoring Officer.

RESOLVED:

The minutes of the previous meeting, held on 3 May 2023, be agreed as an accurate record of those meetings’ proceedings.

6.1  The minutes of the previous meeting held on 3 May 2023 were agreed as a true and accurate record of those proceedings.

RESOLVED:

The minutes of the previous meeting, held on 3 May 2023, be agreed as an accurate record of those meetings’ proceedings.

Item 7 was withdrawn from the meeting agenda.

7.1  The application 2022/1165, Telephone House, was withdrawn from the meeting agenda.

Item 8 was withdrawn from the meeting agenda.

8.1  The application 2023/0478m, 189-201 Morning Lane (Arches), was withdrawn from the agenda.

RESOLVED:

Planning permission was granted subject to conditions.

9.1  PROPOSAL: Change of use from restricted retail use (Use Class A1) to Commercial, Business and Service use (Use Class E).

POST SUBMISSION REVISIONS: None

9.2  The Major Projects Planner introduced the application as published. During the course of their presentation reference was made to the addendum and the following amendments to the published report;

  The revised wording of the following proposed condition was suggested:

7.1.10 Maximum Size of Units

No single unit hereby approved falling within Use Class E (a) of the Town and Country Planning (Use Classes) Order 1987 or such replacement legislation shall have an area of more than 261 square metres.

REASON:

In order to ensure that the vitality and viability of nearby town centres is not prejudiced by the development in line with policy LP32 of Hackney Local Plan 2033.

  The revised wording of the following proposed condition was suggested:

7.1.7 Cycle Parking

Prior to the occupation of each planning unit hereby approved, a policy compliant cycle parking plan, which shows details of layout, foundation, stand type shall be submitted to and approved in writing by the Local Planning Authority.

REASON: To ensure that a reasonable provision is made within the site for the parking of bicycles in the interest of relieving congestion in surrounding streets and improving highways conditions in general.

9.3  Objectors spoke to the Sub-Committee highlighting a number of concerns including an apparent lack of consultation on the proposals, inadequate supporting documentation provided within the application, loss of amenity from potential evening uses, and pollution from uses falling within Use Class E(b), (d) and (f). There were also concerns expressed about the potential of bars and hot food takeaways to move into buildings as a result of the application and the potential for anti-social behaviour as a consequence as well as the likelihood of increased congestion and parking pressure.

9.4  The applicant spoke of about how the focus of the application was specifically on the two buildings at 107-117 on the corner of Churchwell Path and Morning Lane and 133-141 on the corner with Link Street and Morning Lane.  The western building was historically occupied by the sports brand Nike but was currently vacant. The eastern unit had not been occupied since its construction. A number of conditions had been proposed to minimise any disruption should the application be approved including areas such delivery, refuse collection and ventilation. As outlined in the published application report, the buildings were in a Priority Industrial Area with conditions limiting 50% of the proposed units to employment generating uses with 41% proposed as office space.

9.5  Following the submissions, members of the Sub-Committee asked questions which were responded to as follows:

•  In response to a question about the change in use class, the Planning Service explained that the application had not come before the Sub-Committee before because of a change in use in E class and that there was a condition in the original application which restricted the use to a specific type of retail  ...  view the full minutes text for item 9.

RESOLVED:

Details were approved.

10.1  PROPOSAL: Submission of details pursuant to conditions 4 (Detailed Drawings), 5 (Construction Management Logistics Plan), 7, (Contaminated Land), 11 (Arboricultural Impact Assessment and Method Statement) 12 (Landscaping) & 15 (Obscure Glazing) attached to planning permission 2021/2474 dated 07/03/2023.

POST SUBMISSION REVISIONS:

Revised Construction Management and Logistics Plan received Revised facade drawings received.

10.2  The Senior Planner - North Team introduced the application as published. During their presentation reference was made to the addendum and the following points:

  Add after paragraph 6.2.13:

6.2.14 With regards to noise, the CMP states that all operations will be undertaken in due consideration of BS5228 Noise and Vibration Control on Construction and Open Sites, in particular Part 1 and Part 2. Measures proposed in section 5 of the CMP include limiting hours of work (which are also controlled by other legislation), the correct use of acoustic covers to machinery, the use of acoustic barriers and fencing and ensuring plant and machinery is properly maintained.

Renumber original paragraphs 6.2.14 to 6.2.17 as 6.2.15 to 6.2.18.

10.3  The legal representative for the objector spoke of how the latest application in relation to condition five did not provide sufficient details regarding what was meant by temporary road/ footway closures during the construction period. They felt that the aim of the developer not to block access for longer than a consecutive 10-minute period at any one time was not a serious endeavour. It was also not clear from the Construction Management and Logistics Plan (CMLP) what size of construction vehicles were likely to be used.

10.4  The representative for the applicant explained that the rights of access were consulted on extensively prior to the application being submitted and a number of conditions had been included as a result. The applicant had clarified that there would be no operative parking either on site, in the mews, or in any controlled parking zone in the borough. The CMLP would include details on the construction programme timescales; the number and frequency and size of construction vehicles; construction traffic route; location of deliveries; pedestrian and vehicular access arrangements; any temporary road/ footway closures during the construction period. The representative for the applicant explained that there would be some disturbances because of construction but every effort would be made to minimise the impact.

10.5During the discussion phase the following points were raised:

·  In response to a question about the drainage plans, the Planning Service replied that the drainage plans were subject to a separate application and the planning service could not confirm that the roadway would be dug up;

·  In reply to a question about the CMLP, the Planning Service responded that the CMLP set out a number of parameters on how the construction would take place and it was envisaged that there would be an average deliveries per day over the course of a 12 month construction period. Which would be ten minutes each time, however, the CMLP did acknowledge on occasion that the roadway would need to be closed for longer;  ...  view the full minutes text for item 10.

RESOLVED:

The delegated decisions document was noted.

11.1  The Planning Sub-Committee noted the delegated decisions document.

RESOLVED:

The delegated decisions document was noted.

12.1  There was no urgent business for consideration.