Agenda item
33-37 The Oval, London, E2 9DT
Decision:
On a vote of 0 for and 3 against, the Committee did not support the officers’ recommendation to not exercise the powers in S97 or S102 of the Town and Country Planning Act 1990 (as amended); and to delegate authority to the Corporate Director Development & Renewal to negotiate a legal agreement with the developer to secure the obligations described in paragraph 8.30 of the report in relation to 33-37 The Oval London E2 9DT and RESOLVED that the item be deferred to the next available meeting of the Committee outlining the options available to the Council and the legal implications of those options.
Minutes:
Councillor Stephanie Eaton spoke in objection to the proposal to not exercise the powers in S97 or S102 of the Town and Country Planning Act 1990 (as amended); and to delegate authority to the Corporate Director Development & Renewal to negotiate a legal agreement with the developer to secure the obligations described in paragraph 8.30 of the report in relation to 33-37 The Oval London E2 9DT, on behalf of the residents of the Bethnal Green North ward. Her objection was on the grounds of harm to the safety of the residents and was concerned over the response from the Health and Safety Executive (HSE). Following her presentation, Councillor Eaton left the room and did not return for the duration of the consideration.
Mr Michael Kiely, Head of Development Decisions, presented an extensive report and detailed the planning history of the site. He explained the advice which had been received from the National Grid relating to the application. Following the Secretary of State calling-in the application, the applicant had withdrawn and reverted to that which had previously been approved. This application was currently being implemented. The Committee needed to consider if it was reasonable to take action under the powers available to revoke or modify the planning permission, in light of the advice received. Although the Council would be liable to pay the applicant compensation if that course of action was taken, this was not a material planning consideration.
Mr Kiely explained the rationale behind the advice received from the HSE. It was HSE policy to advise against higher density housing developments within 200m of gas holders. If all those applications were refused on that basis, it would significantly impact on the number of properties which could be developed and the number of homes which would be delivered. Mr Kiely presented the update report which contained an updated risk assessment table, taking into account data from both the HSE and Atkins, the independent assessors. The main issue for consideration was whether the development created an unacceptable level of danger. It was the view of the independent assessors and the officers that the risk would be tolerable.
Members asked a number of questions relating to the advice received and the risk assessment.
The Committee RESOLVED that in accordance with Council Procedural Rule 14.1.13 the meeting be extended by up to 1 hour in order to complete its business.
The Committee expressed concern relating to the risk to the residents and it was proposed that action should be taken.
The Committee indicated that it did not support the officers’ recommendation to not exercise the powers in S97 or S102 of the Town and Country Planning Act 1990 (as amended); and to delegate authority to the Corporate Director Development & Renewal to negotiate a legal agreement with the developer to secure the obligations described in paragraph 8.30 of the report in relation to 33-37 The Oval London E2 9DT and RESOLVED that the item be deferred to receive a report outlining the options available to the Council and the legal implications of those options.
Supporting documents:
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33-37 The Oval, item 8.1
PDF 111 KB
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33-37TheOvalAppA, item 8.1
PDF 301 KB
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33-37TheOvalAppB, item 8.1
PDF 239 KB
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33-37TheOvalAppC, item 8.1
PDF 2 MB
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33-37TheOvalAppD, item 8.1
PDF 18 KB
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33-37TheOvalAppE, item 8.1
PDF 36 KB