Agenda and draft minutes

Venue: Committee Room B6, Lambeth Town Hall, Brixton Hill SW2 1RW

Contact: Nicholas Joseph Tel: 020 7926 3123 Email:  NJoseph@lambeth.gov.uk 

Items
No. Item

1.

Declaration of Pecuniary Interests

Under Standing Order 4.4, where any councillor has a Disclosable Pecuniary Interest (as defined in the Members’ Code of Conduct (para. 4)) in any matter to be considered at a meeting of the Council, a committee, sub-committee or joint committee, they must withdraw from the meeting room during the whole of the consideration of that matter and must not participate in any vote on that matter unless a dispensation has been obtained from the Monitoring Officer.

 

 

Minutes:

There were none.

2.

Land adjacent to Southwark Underground Station, Greet Street (Bishops) 18/05029/FUL pdf icon PDF 22 MB

    RECOMMENDATION:

     

    1.    Resolve to grant conditional planning permission subject to the completion of an agreement under Section 106 of the Town and Country Planning Act 1990 containing the planning obligations listed in this report.

     

    2.    Agree to delegate authority to the Assistant Director of Planning,     Transport and Development to: a. Finalise the recommended conditions as set out in this report, addendums and/or PAC minutes; and b. Negotiate, agree and finalise the planning obligations as set out in this report, addendums and/or PAC minutes pursuant to Section 106 of the Town and Country Planning Act 1990.

     

    3.    In the event that the committee resolves to refuse planning permission and there is a subsequent appeal, delegated authority is given to the Assistant Director of Planning, Transport and Development, having regard to the heads of terms set out in this report and PAC minutes, to negotiate and complete a document containing obligations pursuant to Section 106 of the Town and Country Planning Act 1990 in order to meet the requirement of the Planning Inspector.

     

     

    4.   In the event that the Section 106 Agreement is not completed within six   months of committee, delegated authority is given to the Assistant Director of Planning, Transport and Development to refuse planning permission for failure to enter into a section 106 agreement for the mitigating contributions identified in this report and the PAC minutes.

    Minutes:

    18/05029/FUL

     

    The Planning Officer explained that due to a technical error interested parties were incorrectly informed that the consultation would end after this meeting. Officers recommended deferral.

     

    It was MOVED by Councillor Wilcox, SECONDED by Councillor Atkins, and

     

    RESOLVED, unanimously

     

    To defer consideration of the application

     

3.

OCCC Estate, Cornwall Road, Wootton Street and Windmill Walk (Bishops) 16/06172/FUL pdf icon PDF 4 MB

    RECOMMENDATION

     

    1.    That the Planning Applications Committee resolves that, had it been empowered to determine the application, it would have resolved to refuse planning permission on the basis the appellant is not prepared to enter into a planning obligation that would secure two review mechanisms in relation to the Protected Tenancy Units and Build to Rent Units required by officers to make the application acceptable.

     

    2.    That the Planning Applications Committee instructs officers to defend the appeal in accordance with recommendation and delegates to the Assistant Director of Planning, Transport and Development (that officer having regard to this report, addendums and PAC minutes) the negotiation of a list of conditions and the negotiation and completion a document containing obligations pursuant to Section 106 of the Town and Country Planning Act 1990, in order to meet the requirements of the Planning Inspector should he/she allow the appeal.

    Minutes:

    Case No. 16/06172/FUL (agenda item 04, page 45 of the agenda pack and page 5 of the second addendum).

     

    The Planning Officer gave a presentation which included a summary of the report and subsequent addendum that had been published on the day of the meeting. Members were advised of the key material planning issues for consideration which included the demolition of existing buildings and construction of a 7 to 12 storey building comprising of 215 dwellings, including 40 at discounted market rent and 34 replacement protected tenancy units, with a theatre rehearsal space and small offices.  Members were shown images of the site, its context, neighbouring heritage assets, proposed materials, existing and proposed views.

     

    The application was deferred from the Planning Applications Committee in September 2017 due to issues around the status of the protected tenancy units.  An appeal had been lodged on the grounds of non-determination, and officers were recommending that the Committee agree to instruct officers to defend the appeal as set out in the recommendations.  A third recommendation was added in the second addendum, delegating to the Assistant Director for Planning, Transport and Development to amend or withdraw any reasons for refusal, in consultation with the Chair.

     

    Officers and the appellant then provided the following information in response to questions from Members:

     

               Certain family members living in the property were eligible to succeed the protected tenancies.

               Officers and the appellant had discussed making the protected tenancy units affordable housing in perpetuity, but there was no policy justification for this and they were advised that this would impact the viability of the scheme.  Officers had also requested a 10 year review on the status of protected tenancy units.

               Officers had advised that the discount market rent units be set at Local Housing Allowance (LHA), not the proposed London Living Rent.

               The requirement for rent levels at LHA levels were considered by officers to a marginal impact on the viability position.

               Only two bedrooms did not meet BRE targets for daylight, which officers considered acceptable.

               The unit mix and the loss of 3 bed units overall met the criteria in policy.  All of the protected tenancy units would be provided on a like-for-like basis.  Build-to-rent units tended to be smaller, resulting in the larger number of studio and one-bedroom units.

               As this application was now subject to an appeal, it would not have to be referred to the Mayor of London.

               The viability assessment had shown that this was the maximum level of affordable housing that could be provided.  The high existing use value and constrained nature of the site made it more difficult to provide greater amounts of affordable housing.

               As the existing protected tenancies were not currently provided in perpetuity, it was not possible to require that they be reprovided in perpetuity.

     

     

     

    The Committee considered points raised by speakers and information provided by officers in conjunction with the report before making the following observations:

               Members were satisfied  ...  view the full minutes text for item 3.

4.

Brixton Village (Coldharbour) - 19/00559/FUL pdf icon PDF 450 KB

    RECOMMENDATION 

     

    1.         Resolve to grant conditional planning permission subject to the completion of an agreement under Section 106 of the Town and Country Planning Act 1990 containing the planning obligations listed in this report.

     

    2.         Agree to delegate authority to the Assistant Director of Planning, Transport and Development to:

     

    a.         Finalise the recommended conditions as set out in this report, addendums and/or PAC minutes; and

    b.         Negotiate, agree and finalise the planning obligations as set out in this report, addendums and/or PAC minutes pursuant to Section 106 of the Town and Country Planning Act 1990.

     

    3.         In the event that the committee resolves to refuse planning permission and there is a subsequent appeal, delegated authority is given to the Assistant Director of Planning, Transport and Development, having regard to the heads of terms set out in this report and PAC minutes, to negotiate and complete a document containing obligations pursuant to Section 106 of the Town and Country Planning Act 1990 in order to meet the requirements of the Planning Inspector.

     

    4.         In the event that the Section 106 Agreement is not completed within six (6) months of committee, delegated authority is given to the Assistant Director of Planning, Transport and Development to refuse planning permission for failure to enter into a section 106 agreement for the mitigating contributions identified in this report and the PAC minutes.

    Minutes:

    Case No. 19/00559/FUL (agenda item 02, page 1 of the agenda pack, and page 01 of the second addendum).

     

    The Planning Officer gave a presentation which included a summary of the report and subsequent addenda that had been published on Friday 3 May 2019 and the day of the meeting. Members were advised of the key material planning issues for consideration which included the change of use for the ground floor units to flexible A1/A3 use. The presentation included images showing the proposed uses. The second addendum included an additional condition 12.

     

    As part of the management plan, two points of exit would be available after 23:30hrs onto Atlantic Road. Policy PN3, which applies to the site, sets an acceptable mix of uses in Brixton. The Section 106 Agreement and Conditions 10 and 11 would ensure an adequate mix of units.

     

    The Market is in the Brixton Conservation Area and Grade 2 listed with entrances on Popes Road, Atlantic Road, and Coldharbour Lane.

     

     As part of the proposal, at least 50% of the units (42 units) identified would remain within Class A1 (shops) use with no more than 50% of the units (41 units) within the market being used within Class A3 (food & drink) use.

    The proposal will extend market trading on Mondays until midnight to provide consistency with the remainder of the week and would allow an additional hour of opening each day after the public have left at midnight to allow market staff to clean the premises.

     

    The applicant, agent and architect then provided the following information in support of the application:

     

               Although all of the units were included in the change of use application, no specific units were identified for a change of use. It was anticipated that an increase in the number of A3 units would increase footfall within the market.

               Brixton Market was a diverse cultural pillar within the community which brings people of different nationalities and backgrounds together.

               This application would help to protect the unique character and cultural commodity of the market.

               There were a number of commitments, updating the lighting, free Wifi, accessible toilets, cash point and building improvements, integrity, increased CCTV and a reduction of litter.

               New traders’ applications would be looked at with favour especially if they had strong links to the borough and Brixton. 

     

               The council’s policy PN3 allows a 50 50 split ground floor change of use. This change would not be implemented immediately.  

               The management plan, which works in close cooperation with officers, strives to deliver better facilities for traders and customers.

               The applicant is working with the local community and charities, such as by supporting the opening of a black ethnic book shop in the market, working with Brixton Kitchen to offer free six-month leases and by supporting Windrush Day events.

               It was encouraged that local traders in the market were given the first option of obtaining any vacant plots in line with the Section 106 agreement.  ...  view the full minutes text for item 4.

5.

Market Row (Coldharbour) - 19/00560/FUL pdf icon PDF 582 KB

    RECOMMENDATION 

     

    1.         Resolve to grant conditional planning permission subject to the completion of an agreement under Section 106 of the Town and Country Planning Act 1990 containing the planning obligations listed in this report.

     

    2.         Agree to delegate authority to the Assistant Director of Planning, Transport and Development to:

     

    a.         Finalise the recommended conditions as set out in this report, addendums and/or PAC minutes; and

    b.         Negotiate, agree and finalise the planning obligations as set out in this report, addendums and/or PAC minutes pursuant to Section 106 of the Town and Country Planning Act 1990.

     

    3.         In the event that the committee resolves to refuse planning permission and there is a subsequent appeal, delegated authority is given to the Assistant Director of Planning, Transport and Development, having regard to the heads of terms set out in this report and PAC minutes, to negotiate and complete a document containing obligations pursuant to Section 106 of the Town and Country Planning Act 1990 in order to meet the requirements of the Planning Inspector.

     

    4.         In the event that the Section 106 Agreement is not completed within six (6) months of committee, delegated authority is given to the Assistant Director of Planning, Transport and Development to refuse planning permission for failure to enter into a section 106 agreement for the mitigating contributions identified in this report and the PAC minutes.

    Minutes:

    Case No. 19/00560/FUL (agenda item 3, page 23 of the agenda pack, and page 3 of the second addendum).

     

    The Planning Officer gave a presentation which included a summary of the report and subsequent addenda that had been published on Friday 3 May 2019 and the day of the meeting. Members were advised of the key material planning issues for consideration which included the change of use for the ground floor units to flexible A1/A3 use. The presentation included images showing the proposed uses. The second addendum included an additional condition 12.

     

    Policy PN3, which applies to the site, sets an acceptable mix of uses in Brixton. The Section 106 Agreement and Conditions 10 and 11 would ensure an adequate mix of units.

     

    The Market is in the Brixton Conservation Area and is Grade 2 listed with entrances on Electric Lane and Coldharbour Lane.

     

    In relation to Brixton no more than 41% would be in Class A3.  As part of the proposal, at least 50% of the units (27 units) identified would remain within Class A1 (shops) use with no more than 50% of the units (26 units) within the market being used within Class A3 (food & drink) use.

     

    The proposal would extend market trading on Mondays until midnight to provide consistency with the remainder of the week and would allow an additional hour of opening each day after the public have left at midnight to allow market staff to clean the premises.

     

    Questions and discussion of this application were heard alongside Item 1, Brixton Village.

     

    It was MOVED by Councillor Wilcox, SECOND by Councillor Thackray, and

     

    RESOLVED, unanimously

     

    1.         To GRANT planning permission subject to a Section 106 Agreement and the conditions as outlined in the officer’s report and published addenda and the following:

    i.          Condition 6 a) and b) to be amended to include the hours of deliveries to the site and other servicing vehicles such as refuse collections.

    ii.         Condition 7 to be amended to add “or trade” after “the general public”.

    iii.        Condition 8 to be removed.

    i.          Condition 12 be amended to include the reason of accessibility relating to Policy Q1 and to remove “unless otherwise agreed in writing by the Local Planning Authority”.

     

    2.         Agree to delegate authority to the Assistant Director of Planning, Transport and Development to:

    c.         Finalise the recommended conditions as set out in this report, addendums and/or PAC minutes; and

    d.         Negotiate, agree and finalise the planning obligations as set out in the report, addendums and/or PAC minutes pursuant to Section 106 of the Town and Country Planning Act 1990.

     

    3.         In the event that the Section 106 Agreement is not completed within six (6) months of committee, delegated authority is given to the Assistant Director of Planning, Transport and Development to refuse planning permission for failure to enter into a section 106 agreement for the mitigating contributions identified in the report and the PAC minutes.