Agenda, decisions and minutes

None.

None were made.

Approved subject to the recording of Councillor Sheikh’s apologies for the

September meeting.

RESOLVED that the minutes of the meeting held on September 5 2019 be

approved subject to the recording of Councillor Sheikh’s apologies for the

meeting.

RESOLVED that planning permission be granted subject to the following

conditions and informatives:

CONDITIONS:

1.STANDARD TIME CONDITION

The development to which this permission relates must be begun not later

than the expiration of three years beginning with the date on which the

permission is granted.

Reason:  As required by Section 91 of the Town and Country Planning Act 1990.

2. DEVELOPMENT IN ACCORDANCE WITH APPROVED PLANS

The development shall be carried out strictly in accordance with the

application plans, drawings and documents hereby approved and as detailed

below:

P2-05; P2-06; P3-01 Rev.A; PA-02; A2-01 Rev.A; A4-01 Rev.C; A4-02 Rev.A; A4-03 Rev.A; A6-03; NOV-XX-XX-DR-M-5701; 615/SE26/20/1_SLP01

Reason:  To ensure that the development is carried out in accordance with

the approved documents, plans and drawings submitted with the application

and is acceptable to the local planning authority.

3. BUILDING FABRIC SOUND INSULATION

(a)       The building shall be designed so as to provide sound insulation

against external noise and vibration, to achieve levels not exceeding 30dB

LAeq (night) and 45dB LAmax (measured with F time weighting) for

bedrooms, 35dB LAeq (day) for other habitable rooms, with window shut and

other means of ventilation provided. External amenity areas shall be designed

to achieve levels not exceeding 55 dB LAeq (day) and the evaluation of

human exposure to vibration within the building shall not exceed the Vibration

dose values criteria ‘Low probability of adverse comment’ as defined BS6472.

(b)       Following implementation of the sound insulation scheme pursuant to

part (a), a compliance report, prepared by a suitably qualified sound engineer,

must be submitted to and approved in writing by the Local Planning Authority.

(c)        The development shall not be occupied until the sound insulation

scheme and all recommendations outlined in the submitted Noise and

Vibration Assessment (Hepworth Acoustics dated November 2019), and any

subsequent recommendations arising from the compliance report pursuant to

part (b) have been implemented in full. Thereafter, the sound insulation

scheme shall be maintained in perpetuity in accordance with the approved

details.

Reason:  To safeguard the amenities of the occupiers of the proposed

dwellings and to comply with DM Policy 26 Noise and vibration, DM Policy 31

Alterations and extensions to existing buildings including residential

extensions, DM Policy 32 Housing design, layout and space standards, and

DM Policy 33 Development on infill sites, backland sites, back gardens and

amenity areas of the Development Management Local Plan (November

2014).

4.SOUNDPROOFING BETWEEN RESIDENTIAL AND COMMERCIAL

(a)       The development shall be designed to incorporate soundproofing of a

specification for sound insulation against airborne noise to meet D’nT,w + Ctr

dB of not less than 55 for walls and/or ceilings where residential parties non

domestic.

(b)       Following implementation of the soundproofing pursuant to part (a), a

compliance report, prepared by a suitably qualified sound engineer, must be

submitted to and approved in writing by the Local Planning Authority.

(c)        The development shall not be occupied until the soundproofing and all

recommendations outlined in the submitted Noise and Vibration Assessment

(Hepworth Acoustics dated November 2019), and any subsequent  ...  view the full decision text for item 8.

The report was introduced by the Planning Officer, Samuel James, who

outlined the proposals, the key planning considerations and the objections

which had been received. He confirmed the application was partly

retrospective but that it was very similar to a prior application which had

previously been given permission.

Councillor Sheikh asked if any affordable housing would be provided within

the development and was informed that as less than 10 units were involved

none could be required.

Councillor Clarke received confirmation that the management of outdoor

space was conditioned and that noise controls would be within national

standards and acceptable living conditions would be achieved.

Tim Cropper, a Planning Consultant next made a presentation. He related the

planning history subsequent to the closure of the pub in 2013. He explained

the several flaws in the original application which he attributed to the previous

property owner. The cumulative changes that were required had led him to

conclude that a new application was needed.

Councillor Sheikh reiterated her concerns about the general lack of sufficient

affordable housing in the borough. Mr Cropper said he understood the

viewpoint and pointed out boroughs such as Lambeth and Islington had

different policies which required the consideration of affordable housing in all

developments. He said he promoted developments which accorded with

planning policies and that it was not financially viable in this case to offer

affordable units that were not dictated by extant policy.

Mary McKernan of the Sydenham Society spoke in objection to the

application. She expressed surprise that no reference had been made to the

dismissal of an appeal by the applicant on the grounds of significant departure

from the initially approved plans. She expressed concerns about the lack of

scale drawings, ceiling heights, potential noise, bicycle storage, use of outside

space and the site planning history. She believed habitable room sizes were

below minimum standards and that windows of separate flats would face one

another directly at half the minimum required distance She said granting

permission could set a dangerous precedent.

Planning Team Leader, Angus Saunders, said he was not aware of the

Inspectorate’s September 20 decision and would investigate further internally.

However he indicated the decision vindicated the stance taken by Planning

Officers who did not believe a minor material amendment application was

sufficient and that the process demanding a full planning consideration was

the correct option.

In the general debate on the application, members sought assurances that the

ground floor pub would be retained and was viable. Planning officers pointed

out the Council had robust pub protection policies in place. Additionally fit out

was required before any residential units could be occupied and any future

change of use would require planning permission.

Councillor Clarke said she had remaining concerns about the ceiling heights,

the inability of the proposed pub to be a music venue and the amenities

available to potential residents.

Councillor Gibbons asked if any refusal of the application would be

problematic given the planning history. The Legal representative advised the  ...  view the full minutes text for item 8.

RESOLVED that planning permission be granted subject to the following

conditions and informatives:

CONDITIONS

1) SOUND INSULATION

The soundproofing shall be retained permanently in accordance with the

details as approved in permission DC/19/106558.

Reason:  In the interests of residential amenity and to comply with DM Policy

26 Noise and vibration of the Development Management Local Plan

(November 2014).

2) OPENING HOURS

The premises shall only be open for customer business between the hours of

9am to 11pm Sunday to Wednesday, 9am to 12am Thursday and 9am to 1am

Friday and Saturday

Reason:  In order to safeguard the amenities of adjoining occupants at

unsociable periods and to comply with Paragraph 120 of the National

Planning Policy Framework  and DM Policy 26 Noise and Vibration, DM Policy

14 District centres shopping frontages, DM Policy 17 Restaurants and cafes

(A3 uses), and drinking establishments (A4 uses)  of the Development

Management Local Plan (November 2014)

3) AMPLIFIED SOUND

No music, amplified sound system or other form of loud noise (such as

singing or chanting) shall be used or generated which is audible outside the

premises or within adjoining buildings.

Reason:  To safeguard the amenities of the adjoining premises and the area

generally and to comply with Paragraph 120 of the National Planning Policy

Framework and DM Policy 26 Noise and Vibration of the Development

Management Local Plan (November 2014).

INFORMATIVES

Positive and Proactive Statement: The Council engages with all applicants in

a positive and proactive way through specific pre-application enquiries and

the detailed advice available on the Council’s website.  On this particular

application, no pre-application advice was sought.  However, as the proposal

was clearly in accordance with the Development Plan, permission could be

granted without any further discussion.

The report was introduced by the Planning Officer, Alfie Williams who

outlined the proposals, the key planning considerations and the objections

which had been received to this Section 73 minor material amendment

application.

Councillor Clarke received an assurance that there were similar uses in the

borough operating with the same time limits and located below residential

properties. Councillor Sheikh was informed there were more than 100

properties in the area where residents lived above locations with similar

ground floor uses.

The applicants, Graham Loveland and his daughter Rachel, spoke in favour of

their application. They noted the objection made on the grounds of the

residential character of the area and countered that this was a major district

centre with a growing night time economy. Their fledgling business was

already governed by Licensing conditions on noise, rear door closure,

advisory notices, CCTV and refuse disposal.

Councillor Sheikh noted the use of the Isla Ray premises as a

workshop/artistic space and asked about complaints made and charging

rates. The applicants replied that use of the space was free of charge and

only one complaint had ever been received and that came via Instagram.

Helena Russell, Co-Chair of the Deptford Society, and local resident Harry

Richardson spoke in objection to the application. An addendum was tabled on

behalf of the Deptford Society calling for the application to be deferred to

allow a meeting to take place with council representatives to discuss

Lewisham’s policies encouraging night time activity as the Society felt the

residential significance of Deptford High Street was being underplayed. The

Society stressed they had no objections to the business or reservations about

the applicants but believed any impact on continual residential expansion

deserved further examination.

Mr Richardson added that he had lived in the area for more than 20 years and

he believed the officer characterisation of the area was inaccurate with there

being a delicate balance between the mix of residential and commercial uses.

He asked that protection be put in place for residents before other uses were

contemplated that could degrade the residential element.

The Chair said a meeting with Councillor Pat Codd could prove beneficial but

that it could take place outside this planning process.

Councillor Sheikh said a meeting involving Councillor Codd and the relevant

Cabinet Member, Councillor Andre Bourne would be a good idea, but that the

application should be deferred until that meeting had taken place. Her

proposal was seconded by Councillor Clarke and put to the vote but declared

lost by 3-2 with 1 abstention.

The Chair, seconded by Councillor Mulddon, proposed that the

recommendation to grant permission be approved. The proposal was agreed

by 3-2 with 1 abstention.

Votes in Favour: Councillors Gallagher, Gibbons, and Muldoon.

Votes Against: Councillors Clarke and Sheikh.

Votes in Abstention: Councillor Mallory.

RESOLVED that planning permission be granted subject to the following

conditions and informatives:

CONDITIONS

1) SOUND INSULATION

The soundproofing shall be retained permanently in accordance with the

details as approved in permission DC/19/106558.

Reason:  ...  view the full minutes text for item 9.