Agenda and minutes

There were no declarations of interest.

The Minutes of the Planning Committee (C) meetings held on 16 August 2012 and 24 May 2012 were unanimously accepted as a true record and signed by the Chair.

9 INDEPENDENTS ROAD SE3

The Planning Officer outlined the details of the proposal for conservation area consent to demolish 9 Independents Road SE3 and the construction of a part five/part six storey building to provide 10 one bedroom, 4 two bedroom and 2 three bedroom flats together with the provision of cycle storage, refuse store and associated landscaping.

The Committee received verbal representation from the applicant’s architect, Jan Marc Petroschka of Emoli Petroschka, and objections from Alex Schweitzer of the Blackheath Society and residents of 7 Lawn Terrace

Councillor Long moved a motion to accept the officer’s recommendation to grant planning permission subject to conditions, which was seconded by Councillor Paschoud.

Members voted as follows:

FOR:                        Councillors Paschoud and Long.

AGAINST:               Councillors Bell (Chair),Gibson and Curran.

Councillors Bell moved a subsequent motion to defer determination of the applications pending the provision of further information regarding the impact of the development on neighbouring properties and the provision of photos showing the relationship of the development on neighbouring properties.

Members voted as follows:

FOR:                        Councillors Bell (Chair),Gibson and Curran.

AGAINST:               Councillors Long.

ABSTENTIONS:     Councillors Paschoud.

RESOLVED:          that determination of applications DC/10/76229 and DC/10/76230 be deferred until the next Planning Committee C meeting on 8 November 2012 pending the provision of further information regarding the:

i.          The impact of the proposed development on neighbouring properties on Lawn Terrace;

ii.        And the provision of photos showing the relationship of the development on neighbouring properties.

KENDER PHASE 4 SE14

The Planning Officer outlined the details of the proposal for the development of Phase 4 of the Kender Triangle, bounded by New Cross Road, Avonley Road, Barlborough Street and Monson Road, SE14 including the construction of a part 6/part 9 storey building and two, 4 storey buildings comprising 164 residential flats together with 40, two and three storey houses to provide a residential development total of 204 new dwellings with 70 car parking spaces, cycle and refuse storage, private and communal amenity space and associated hard and soft landscaping. He mentioned that Recommendation B (Section 11 of the report) had been revised as follows:

Agree the proposals and authorise the Head of Law to complete a legal agreement under Section 106 of the 1990 Act (and other appropriate powers) to cover the following principal matters:-

·           The provision of 150 affordable housing units (including 120 affordable rent units and 30 shared ownership units)

·           The applicant is required to provide a minimum of one and a maximum of two Car Club spaces either on and/or off site and to pay for three years free membership for all first occupants of the development to promote sustainable modes of transport.

·           Wheelchair housing: the developer shall provide 20 wheelchair units that meet the SELHP Wheelchair Homes Design Guidelines (October 2011) (including 12 affordable rent units to be fully fitted out for the nominated occupiers).  Notwithstanding the drawings hereby approved, the applicant shall submit and have approved, prior to the commencement of works, 1:20 scaled drawings of the wheelchair units to ensure that the units comply with the aforementioned standards.

·           The restriction on future occupiers to apply for a permit within any future Controlled Parking Zone permit within the immediate vicinity of the application site.

·           An Education contribution of £732,548

·           An Employment and Training contribution of £20,455

·           A Health services and facilities contribution of  £78,000

·           An open space contribution of £57,896

·           A Leisure contribution of £48,807

·           A Community Facilities contribution of £18,844 including Community space and libraries

·           A Transport and Environmental Improvement Contribution of £125,675

·           Meeting the Council’s legal, professional and monitoring costs associated with the drafting, finalising and monitoring of the Agreement

·           Reasonable endeavours shall be used to secure 50% Local Labour for and during the construction of the development.

·           If Lewisham currently manage the strip of land to the south of Block 6, then the landscaping thereof shall be secured in the S.106 agreement. If the same land is managed by TfL, then the following condition shall be applied to the decision notice;  Prior to the commencement of works on Block 6 of the development, the applicant shall enter into a Section 278 agreement with Transport for London to secure details of landscaping including any walls, planters, bollards and schedules of planting to the footway and landscaped area to the south of Block 6, between the application site and New Cross Road (as shown on plan KEN AL 9200 Rev C) unless agreed otherwise in writing with the local  ...  view the full minutes text for item 4.

UNIT 1 & 2 EVELYN COURT, GRINSTEAD ROAD SE8

The Planning Officer outlined the key issues concerning all of the enforcement reports in terms of loss of employment and impact on neighbours.  He also indicated that expediency of taking action and the impact of equalities must be considered for each application on its individual merits.

He outlined the history of Unit 1 & 2 and the breach of planning control by the unauthorised change of use from B1 Office Use to use as a place of worship, which falls within Use Class D1. He reported that the church held services between 1 and 4pm on Sundays and that residents had reported that services go on well into the night. About 100 people had attended a wedding in the church on 27 September 2012, which created noise and parking problems.

The Committee received verbal representations from Pastor Korede Oguntoye on behalf of the proprietor of Unit 1 & 2 Evelyn Court, Grinstead Road SE8, who said that the church cared for the underprivileged in the community that it was part of. He asked that they be given 2 years to arrange to find an alternative premises.

After deliberation, Councillor Bell moved a motion to accept the officer’s recommendation to instigate enforcement action, which was seconded by Councillor Gibson.

Members voted as follows:

FOR:                        Councillors Bell (Chair),Paschoud, Long, Gibson and Curran

RESOLVED           i).      that the Head of Law be authorised to take all necessary action to cease the use of Unit 1 & 2 Evelyn Court, Grinstead Road SE8as a place of worship for the reasons set out in section 10 of the report, with 3 months for compliance;

ii).     And that officers provide the applicant with contact details for the Economic Development Service department who assist businesses find premises in the borough.

UNIT 3 EVELYN COURT, GRINSTEAD ROAD SE8

The Planning Officer outlined the history of Unit 3 and the breach of planning control by the unauthorised change of use from B1 Office Use to use as a place of worship, which falls within Use Class D1. He reported that the church held services on Sundays but does not know how many people are in the congregation.

The Committee received verbal representations from Pastor Korede Oguntoye the proprietor of Unit 3, who mentioned that Unit 3 was half the size of Unit 1 & 2 and had a congregation of about 30 people. They had occupied the site as a church since 2009. Along with functioning as a church, they train people to get back to work and help people who sleep rough. They had approached the Council for assistance in finding alternative premises, but the owner of the premises that had been found refused to allow them to use it as a church. He asked that they be given time to find an alternative premises.

The applicant was informed that Unit 3 can continue to be used as an office as this falls within its B1 Office Use.

Councillor Bell moved a motion to accept the officer’s recommendation to instigate enforcement action, which was seconded by Councillor Gibson.

Members voted as follows:

FOR:                        Councillors Bell (Chair),Paschoud, Long, Gibson and Curran

RESOLVED           i).      that the Head of Law be authorised to take all necessary action to cease the use of Unit 3 Evelyn Court, Grinstead Road SE8as a place of worship for the reasons set out in section 10 of the report, with 3 months for compliance;

ii).     And that officers provide the applicant with contact details for the Economic Development Service department who assist businesses find premises in the borough.

UNIT 11A EVELYN COURT, GRINSTEAD ROAD SE8

The Planning Officer outlined the history of the property and the breach of planning control by the unauthorised change of use from B1 Office Use to use as a place of worship, which falls within the Use Class D1. He reported that the church held services on Monday and Tuesday nights, Sundays and one Friday night in the month but does not know how many people are in the congregation.

The Committee received verbal representations from Pastor Toye Akangbe the proprietor of Unit 11A who said he had not been made aware by the property owner that the use of the Unit did not include worship, and that if he had known, they would not have rented the Unit. He had been trying to reduce the noise by double glazing the doors and asked to be given time to find alternative premises.

Councillor Bell moved a motion to accept the officer’s recommendation to instigate enforcement action, which was seconded by Councillor Gibson.

Members voted as follows:

FOR:                        Councillors Bell (Chair),Paschoud, Long, Gibson and Curran

RESOLVED           i).      That the Head of Law be authorised to take all necessary action to cease the use of Unit 11A Evelyn Court, Grinstead Road SE8as a place of worship for the reasons set out in section 10 of the report, with 3 months for compliance;

ii).     And that officers provide the applicant with contact details for the Economic Development Service department who assist businesses find premises in the borough.

UNIT 13A EVELYN COURT, GRINSTEAD ROAD SE8

The Planning Officer outlined the history of the property and the breach of planning control by the unauthorised change of use from B1 Office Use to use as a place of worship, which falls within the Use Class D1, and reported that Unit 13A was used for late night worshipping that included the use of drums and loud singing during services.

Councillor Bell moved a motion to accept the officer’s recommendation to instigate enforcement action, which was seconded by Councillor Gibson.

Members voted as follows:

FOR:                        Councillors Bell (Chair),Paschoud, Long, Gibson and Curran

RESOLVED           i).      That the Head of Law be authorised to take all necessary action to cease the use of Unit 13AEvelyn Court, Grinstead Road SE8 as a place of worship for the reasons set out in section 10 of the report, with 3 months for compliance;

ii).     And that officers provide the applicant with contact details for the Economic Development Service department who assist businesses find premises in the borough.

The meeting ended at 9:13pm                 Chair

8 November 2012