Agenda, decisions and draft minutes
Venue: Council Chamber, 1st Floor, Town Hall, Mulberry Place, 5 Clove Crescent, London, E14 2BG
Contact: Zoe Folley, Democratic Services Tel: 020 7364 4877, E-mail: zoe.folley@towerhamlets.gov.uk
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APOLOGIES FOR ABSENCE To receive any apologies for absence. Decision: Apologies were received on behalf of Councillor Emma Jones, for whom Councillor Gloria Thienel was deputising.
Minutes: Apologies were received on behalf of Councillor Emma Jones, for whom Councillor Gloria Thienel was deputising.
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DECLARATIONS OF INTEREST PDF 45 KB To note any declarations of interest made by Members, including those restricting Members from voting on the questions detailed in Section 106 of the Local Government Finance Act, 1992. See attached note from the Chief Executive.
Decision: Members declared interests in items on the agenda for the meeting as set out below:-
Minutes: Members declared interests in items on the agenda for the meeting as set out below:-
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UNRESTRICTED MINUTES PDF 83 KB To confirm as a correct record of the proceedings the unrestricted minutes of the ordinary meeting of the Strategic Development Committee held on 2 August 2010. Decision: The Committee RESOLVED
That subject to the following amendments, the unrestricted minutes of the meeting of the Committee held on 2 August 2010 be agreed as a correct record and signed by the Chair.
Item 2 – (Pg 4 of the minutes) - Councillor Bill Turner’s Declaration of Interest being amended to clarify that he had visited the Rich Mix Centre on four occasions in a 5 year period.
Item 6 – (Pg 6) – being amended to state that Councillor Shahid Ali’s proposal fell without being seconded.
Item 6 (Pg 6) – Voting on the resolution – being amended to state ‘ on a vote of 6 for and 1 against with 1 abstention’
Minutes: The Committee RESOLVED
That subject to the following amendments, the unrestricted minutes of the meeting of the Committee held on 2 August 2010 be agreed as a correct record and signed by the Chair.
Item 2 – (Pg 4 of the minutes) - Councillor Bill Turner’s Declaration of Interest being amended to clarify that he had visited the Rich Mix Centre on four occasions in a 5 year period.
Item 6 – (Pg 6) – being amended to state that Councillor Shahid Ali’s proposal fell without being seconded.
Item 6 (Pg 6) – Voting on the resolution – being amended to state ‘on a vote of 6 for and 1 against with 1 abstention’
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RECOMMENDATIONS To RESOLVE that:
1) in the event of changes being made to recommendations by the Committee, the task of formalising the wording of those changes is delegated to the Corporate Director Development and Renewal along the broad lines indicated at the meeting; and
2) in the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Corporate Director Development and Renewal is delegated authority to do so, provided always that the Corporate Director does not exceed the substantive nature of the Committee’s decision.
Decision: The Committee RESOLVED that:
1) In the event of changes being made to recommendations by the Committee, the task of formalising the wording of those changes is delegated to the Corporate Director, Development and Renewal along the broad lines indicated at the meeting; and
2) In the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Corporate Director, Development and Renewal is delegated authority to do so, provided always that the Corporate Director does not exceed the substantive nature of the Committee’s decision.
Minutes: The Committee RESOLVED that:
1) In the event of changes being made to recommendations by the Committee, the task of formalising the wording of those changes is delegated to the Corporate Director, Development and Renewal along the broad lines indicated at the meeting; and
2) In the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Corporate Director, Development and Renewal is delegated authority to do so, provided always that the Corporate Director does not exceed the substantive nature of the Committee’s decision.
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PROCEDURE FOR HEARING OBJECTIONS PDF 47 KB To NOTE the procedure for hearing objections at meetings of the Strategic Development Committee. Decision: The Committee noted the procedure for hearing objections at meetings.
Minutes: The Committee noted the procedure for hearing objections at meetings.
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There are no items for consideration Decision: There were no deferred items.
Minutes: There were no deferred items.
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PLANNING APPLICATIONS FOR DECISION |
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375 Cable Street, London, E1 (PA/07/03290) PDF 315 KB Decision: Update Report Tabled.
The Chair pointed out that Councillors Shahed Ali and Anwar Khan were ineligible to vote on this item as they had not been present at the start of the item.
On a vote of 1 for and 4 against, the Committee RESOLVED:
That the planning permission at 375 Cable Street, London for change of use of the ground floor from retail (Class A1) to hot food take-away use (Class A5) and the erection of an extract duct on the side elevation be REFUSED for the following reasons:
Minutes: Update Report Tabled.
The Chair pointed out that Councillors Shahed Ali and Anwar Khan were ineligible to vote on this item as they had not been present at the start of the item.
Mr Owen Whalley (Service Head, Planning and Building Control, Development and Renewal) presented the report regarding 375 Cable Street seeking permission for change of use form a grocery shop to a hot food takeaway use.
Mr Stephen Irvine (Development Control Manager) presented the detailed application. Mr Irvine explained the history of the application, the outcome of the appeal against refusal and the ruling of the Judicial Review (JR). At which, the court ruled that healthy eating and proximity was capable of being a material consideration and should therefore be taken into account. Overall it was considered that the proposed change of use was acceptable in amenity terms, highways terms, in keeping with policy, and the proposed flue was acceptable and complied with policy. Suitable waste storage/collection arrangements had been secured by condition. The Council’s experts had considered the scheme and had determined that it was acceptable.
However the key issue centred around the healthy lifestyles issue. The Council’s Core Strategy seeks to reduce usages that may detract from healthy lifestyles. Government guidance also stated that Local Authorities should strive to manage the proliferation of fast food outlets to encourage healthy eating. A key issue was therefore whether this proposal comprised this aim.
Members considered a map of the consultation area. (Pg 33 of the agenda) showing that there were no other takeaways within this area.
It was also reported that there were two schools near the site.
The Chair then invited representations from persons who had registered for speaking rights in accordance with the procedures for hearing objections, as set out in the Council’s Constitution.
Ms Emma Davidson, local resident, stated the Development Committee had recently considered a similar catering application on 18th August 2010 and decided to refuse it due to overlooking, impact on the street scene and parking. This had set a precedence. Each of the reasons for refusal were relevant to this case. This was a credit to the Council. This decision could be made again here. Residents had submitted a Freedom of Information request as the costs to the taxpayer of this scheme were unknown to residents.
Ms Davidson voiced concerns over damage to the drainage system, which was being inspected by Tower Hamlets Homes. The proposals would make this worse. She expressed concern over the validity of the signatures on the petition in favour. The signatures were ominous and were still being collected after the closing date.
Mr Charles Copeland, speaking in objection, stressed the need for Members to take into account the many objections which provided good grounds for refusal. He expressed concern at the accuracy of the noise assessment. He considered that the design of the flue was unacceptable. The report says that it would be built on the wall but it would run without cover before meeting ... view the full minutes text for item 7.1 |
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40 Marsh Wall (PA/10/1049) PDF 1 MB Decision:
Update Report Tabled
The Committee considered an amendment to condition (f) of the Legal Agreement requesting that the heading be changed to ‘Youth Community and Arts’. This amendment was carried.
Subject to this amendment
On a vote of 5 for and 1 against with 1 abstention the Committee RESOLVED
1. That planning permission at 40 Marsh Wall for demolition of existing office building and erection of a 38 storey building (equivalent of 39 storeys on Manilla Street) with a three-level basement, comprising a 305 bedroom hotel (Use Class C1) with associated ancillary hotel facilities including restaurants (Use Class A3), leisure facilities (Use Class D2) and conference facilities (Use Class D1); serviced offices (Use Class B1); public open space, together with the formation of a coach and taxi drop-off point on Marsh Wall for be GRANTED subject to:
A. Any direction by The Mayor
B. The prior completion of a legal agreement, to the satisfaction of the Chief Legal Officer, to secure the following:
Financial Contributions:
a) Employment & Training – Provide £597,608 towards improving access to employment and training for local residents including Skillsmatch, and toward the Enterprise Team including local business support and supply chains; b) Transport Infrastructure Improvements - £722,627 comprising:
c) Public Art - Provide £35,000 towards public art within the local area. This is in line with contributions secured in the Millennium Quarter; d) Tourism and Olympic Signage - Provide £1,400 towards the Thames Path National Trail; e) Open Space Provision – £40,260; f) Youth Community and Arts. - £100,000; g) Olympic volunteering programme - £30,000; h) Tower Hamlets leisure marketing and promotion - £108,000; and i) Tower Hamlets business tourism marketing programme - £30,250.
Non-Financial Contributions: a) Car-free agreement; b) TV reception monitoring; c) Publicly accessible open space – To maintain access across the new public realm ; d) Code of Construction Practice - To mitigate against environmental impacts of construction; e) Access to Employment - To promote employment of local people during and post construction, including an employment and training strategy; f) Social Compact Obligation to Commit Skills - To provide training and skills development for local secondary school children, apprenticeships and developing employment linkages with the community for the duration of occupancy at the site; g) Servicing Management Plan – To ensure servicing is undertaken in an appropriate manner; h) Air quality monitoring during construction; i) Travel Plan; j) Relocation of bus stop; and k) Disabled bay, coach drop off and taxi parking to be provided/maintained.
Total financial contribution: £1,665,145.
2. That the Head of Development Decisions is delegated power to impose conditions [and informatives] on the planning permission to secure the following:
Conditions
1) Permission valid for 3 years; Minutes: Update Report Tabled.
Mr Owen Whalley (Service Head, Planning and Building Control, Development and Renewal) presented the report regarding 40 Marsh Wall seeking the demolition of the existing building and the erection of a 38 storey hotel with a three level basement, including public open space and a coach and taxi drop of point on Marsh Wall.
Mr Simon Ryan (Deputy Team Leader Development and Renewal) presented the detailed report. Planning permission was refused on 7th May 2010 by this Committee for a similar application (PA/09/1220). Since that time the Applicant had worked to amend the scheme to address the reasons for refusal. Mr Ryan comprehensively addressed the main matters for consideration concerning highways issues, noise impacts, height and scale of the building, the scope of the Section 106 Agreement and the coach and taxi drop arrangements. The Applicant had submitted a satisfactory travel plan designed to mitigate any highway and amenity impacts. Overall it was considered that that the scheme accorded with planning policy.
Officers also presented slides showing the design of the scheme in relation to the area.
In response to the report, members asked questions which were answered by officers regarding the scope of the Section 106 contribution, the adequacy of the off street coach parking and taxi drop off arrangements given the volume of taxis that frequented the area, and its proximity to another large hotel, the impact on nearby residential properties and the height bulk and design of the building.
Councillor Shahid Ali MOVED an amendment to the Section 106 agreement (moving funding from (a) Employment and Training Budget to (f) Community organisation contribution budget) which was seconded by Councillor Anwar Khan. On a vote of 3 for and 4 against the amendment fell.
Councillor Shahid Ali also proposed changes to the servicing proposals, requesting that they use an alternative point. Officers reported that, in finalising the travel plan, they would take on board this suggestion.
Councillor Shahid Ali also MOVED that the Community organisation contribution budget (f) be changed to ‘Youth Community and Arts’. This amendment was carried.
Subject to this amendment
On a vote of 5 for and 1 against with 1 abstention the Committee RESOLVED
1. That planning permission at 40 Marsh Wall for demolition of existing office building and erection of a 38 storey building (equivalent of 39 storeys on Manilla Street) with a three-level basement, comprising a 305 bedroom hotel (Use Class C1) with associated ancillary hotel facilities including restaurants (Use Class A3), leisure facilities (Use Class D2) and conference facilities (Use Class D1); serviced offices (Use Class B1); public open space, together with the formation of a coach and taxi drop-off point on Marsh Wall for be GRANTED subject to:
A. Any direction by The Mayor
B. The prior completion of a legal agreement, to the satisfaction of the Chief Legal Officer, to secure the following:
Financial Contributions:
a) Employment & Training – Provide £597,608 towards improving access to employment and training for local residents including Skillsmatch ... view the full minutes text for item 7.2 |
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60 Commercial Road, London E1 1LP (PA/10/1481) PDF 3 MB Decision: Update Report Tabled.
On a vote of 2 for and 4 against, the Committee RESOLVED
That the planning permission at 60 Commercial Road, London E1 1LP for Demolition of existing building and erection of a 19 storey building plus basement to provide plant room; 200 sqm retail/commercial /community unit (class A1/A2/A3/A4/B1/D1) at ground floor and student accommodation on upper floors (comprising 383 units) and ancillary uses; associated servicing and landscaping be NOT ACCEPTED.
The Committee indicated that they were minded to refuse the planning application because of serious concerns over:
The committee also resolved that the A4 use should be removed from the scheme.
In accordance with Development Procedural Rules, the application was DEFERRED to enable Officers to prepare a supplementary report to a future meeting of the Committee setting out proposed detailed reasons for refusal and the implications of the decision. Minutes: Update Report Tabled.
Mr Owen Whalley (Service Head, Planning and Building Control, Development and Renewal) presented the report regarding 60 Commercial Road, London.
The Chair then invited representations from persons who had registered for speaking rights in accordance with the procedures for hearing objections, as set out in the Council’s Constitution.
Mr Jeff Field spoke in objection to the application regarding the impact on 52 – 58 Commercial Road. He considered that the application would adversely affect daylight levels to this property. He considered that the BRE assessment was wrong and that their building should have been classified as residential property. It fell within the residential dwelling category. The scheme consisting of 19 floors, was a lot higher than theirs and would have an overbearing impact on their property. Daylight and sunlight was very important to his clients amenity who expected high standards from their accommodation. The density of the scheme was three times in excess of what was required in London Plan Matrix. He urged the Committee to refuse this application.
Mr Jim Poole (Applicants Agent) spoke in favour of the application. He reported that the previous application which was refused was subject to appeal but this would be withdrawn if this application was granted. He considered that all of the previous concerns had now been addressed and that the issues raised in objection were speculative and unsubstantiated. The Applicant had increased the Section 106 contribution in accordance with the increase in floor space which the Council considered acceptable. The Applicant had received many letter of support. He considered that the Section 106 agreement would benefit the whole community. He also referred to plans to relocate the Job Centre to mitigate the issues around that ensuring there was no loss of employment floor space which were welcomed.
Mr Simon Ryan, (Deputy Team Leader, Development and Renewal) introduced the report to Members, drawing attention to the further update report tabled at the meeting. A similar application had been considered previously at the Strategic Development Committee meetings in November and December 2009, where Members were minded to refuse the application due to concerns around the design, excessive height and bulk, unacceptable loss of daylight and sunlight and insufficient Section 106 contributions. He reported that, since that time, the Applicant had made a number of changes to the scheme including increasing the Section 106 agreement and public realm benefits to mitigate the development.
Mr Ryan also drew attention to the letters of representations received that were material to the application addressing each concern. The main issues for consideration were land use, design, transport and highways issues, environmental issues, amenity and the impact on neighbouring properties. In summary it was considered that the proposed usage was in line with policy therefore the Officer recommendation was to grant.
In response to the report, Members queried the Section 106 Agreement. Specifically the community contributions. They requested that a breakdown of these plans be provided including -
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OTHER PLANNING MATTERS There are no items for consideration
Decision: Nil items. Minutes: Nil items. |