Agenda item
33-37 The Oval, London E2 9DT
Decision:
On a vote of 4 for, 4 against and 1 abstention, the Chair exercised his casting vote and voted for the officer’s recommendation.
The Committee RESOLVED that planning permission for the demolition of existing building and the redevelopment to provide a five storey building for use as 2 Class B1 (business) units on the ground floor with 14 flats above (6 one bedroom, 6 two bedroom and 2 three bedroom flats) at 33-37 The Oval, London E2 9DT be GRANTED subject to:
1. the Local Planning Authority give the Health and Safety Executive:
(i) advanced noticed of its intention to grant permission; and
(ii) 21 days from the date of the notice to give further consideration of the matter and allow it to consider whether it wishes to request that the Secretary of State call-in the application for determination.
2. The prior completion of a legal agreement to secure the following aspects secured under the original scheme PA/05/00421:
a) Car Free agreement
b) Repaving/S278 highway works
c) Environmental improvements to The Oval
3. That the Head of Development Decisions be delegated power to impose conditions and informatives on the planning permission to secure the following:
Conditions:
1) Three year time limit
(ii) Reserved matters
(iii) External materials
(iv) External lighting
2) Hard and soft landscaping
3) Landscape maintenance
4) Construction hours
5) Cycle storage
6) Refuse storage
7) Site investigation
8) Sound insulation
9) Signage for the western outdoor area
Informatives:
1) Permission subject to Section 106 legal agreement
2) Environmental Health
3) Signage
Minutes:
Mr Michael Kiely, Head of Development Decisions, introduced the site and proposal for the demolition of existing building and the redevelopment to provide a five storey building for use as 2 Class B1 (business) units on the ground floor with 14 flats above (6 one bedroom, 6 two bedroom and 2 three bedroom flats) at 33-37 The Oval, London E2 9DT.
Councillor Stephanie Eaton addressed the Committee on behalf of her ward. She objected on the grounds that officers should follow the advice of the Health and Safety Executive in respect of proposed developments in the vicinity of gas works.
Michael Kiely presented a detailed report on the application and the complex issues which the Committee needed to consider when making its decision. Under planning law, the Council was required to notify the Health and Safety Executive of the application, as it was within a certain range of the gas works. The Health and Safety and Executive (HSE), in response to this notification had advised that planning permission should be refused. The operator of the site, National Grid, required a clear distance of 18 metres to ensure that if a leak occurred it could vent safely. This distance had been achieved in the proposal.
The HSE were concerned about more serious incidents such as an ignited leak or an explosion of a gas cylinder. However, there was no historical record of any gas holder explosions in the country. He explained the risks around holders and the history of incidents from information supplied by the HSE.
Mr Kiely explained that the decision centred on the balance between the risks associated with the installation and the loss of the development. This had to be considered in the context of the Health and Safety Executive’s new criteria with respect to consultation on planning applications. This meant that it would be routinely objecting to planning applications within a 200 metres radius of any gas works, without taking into account local conditions. This could have a significant impact on the Borough and prevent approximately 1,000 to 2000 new homes from being built in each location, depending on the amount of development land available. The Committee was informed that the proposal accorded with the requirements of the National Grid, which had responsibility for the management of the gas works.
Members asked questions relating to the new Health and Safety regulations, the numbers of residential properties surrounding the site and the risk involved with a distance of 18 metres. The Committee was informed that if it was minded to approve, the Council was required to advise the Health and Safety Executive of its decision following which the Executive would have 21 days in which to consider the application and decide whether to request that the Secretary of State call-in the application for her determination.
The Committee RESOLVED that planning permission for the demolition of existing building and the redevelopment to provide a five storey building for use as 2 Class B1 (business) units on the ground floor with 14 flats above (6 one bedroom, 6 two bedroom and 2 three bedroom flats) at 33-37 The Oval, London E2 9DT be GRANTED subject to:
1. the Local Planning Authority give the Health and Safety Executive:
(i) advanced noticed of its intention to grant permission; and
(ii) 21 days from the date of the notice to give further consideration of the matter and allow it to consider whether it wishes to request that the Secretary of State call-in the application for determination.
2. The prior completion of a legal agreement to secure the following aspects secured under the original scheme PA/05/00421:
a) Car Free agreement
b) Repaving/S278 highway works
c) Environmental improvements to The Oval
3. That the Head of Development Decisions be delegated power to impose conditions and informatives on the planning permission to secure the following:
Conditions:
1) Three year time limit
(ii) Reserved matters
(iii) External materials
(iv) External lighting
2) Hard and soft landscaping
3) Landscape maintenance
4) Construction hours
5) Cycle storage
6) Refuse storage
7) Site investigation
8) Sound insulation
9) Signage for the western outdoor area
Informatives:
1) Permission subject to Section 106 legal agreement
2) Environmental Health
3) Signage
Supporting documents: