Agenda and minutes

There were no declarations of interest.

The minutes of the meeting held on 17 July 2023 were confirmed as correct.

The DMO presented a retrospective planning application from David James (the applicant) for a change of use from a car sale to hand car wash at the site of 154 High Road, Chadwell Heath, Romford RM6 6NT. In accordance with the Scheme of Delegation this application was presented to the Planning Committee for decision as more than five objections were received.

A total of 117 notification letters were sent to neighbouring properties from which 15 objections were received, the material planning considerations and issues raised from which were addressed by the DMO in their planning assessment of the application. In addition to the published papers a supplementary report was presented clarifying and correcting aspects of the published report.

The DMO summarised the planning history of the site and notably that an enforcement notice was issued in October 2021 for the unauthorised material change of use from car sales to a car wash.  That notice was unsuccessfully appealed in March 2022, and consequently it was noted that despite the submission of a retrospective application for a change of use, the time for compliance with the notice had passed, and the case was now at prosecution stage.

The Local Planning Authority has the power to decline to determine a planning application on a development already the subject of an enforcement notice. If any new application includes part of the details of the breach in the enforcement notice, then the LPA could decline its determination.  However, having regard to the grounds of the appeal and the outcome, it was noted that the appeal did not consider whether the development could be made acceptable if planning permission was retrospectively sought with or without conditions and planning obligations. In the light of this the Officers agreed that the retrospective application could be accepted and considered as long as it addressed the harm that was initially caused and required an enforcement notice to be served.

A representation was made at the meeting by Councillor Achilleos, who on behalf of his fellow Whalebone ward councillors made a statement opposing the application for the following reasons:

(1)   The applicant had shown a flagrant disregard of planning policy and enforcement action, and that based on his behaviour ward councillors had no confidence that should the application be approved that he would comply with the proposed conditions of use set out in the report.

(2)  The negative impact that the illegally operated business has had on residents through excessive and disruptive noise,

(3)  The adverse effect the business already has on traffic congestion in the immediate area, and the heightened risk of accidents, and

(4)  As that the local Controlled Parking Zone operated from 8am to 5.30pm and the application for the car wash was to operate until 7pm, there was potential for substantial queuing, which could lead to customers utilising resident parking spaces and cause problems for residents returning home from work.

The Chair asked the DMO that as to whether she was confident that adequate mitigation measures had  ...  view the full minutes text for item 11.

The Development Management Officer (DMO), Be First, introduced a report and presentation on an application from the Council for an amendment to Schedule 4 (Phase 3 affordable housing schedule) of the approved S106 Agreement, as varied by 20/01251/VAR, to remove the reference to private units and replace them with Discount Market Rent units in connection with the development at Gascoigne Estate East Phase3A, King Edwards Road, Barking.

In addition to internal and external consultations, a total of 158 notification letters were sent to neighbouring properties together with the requisite statutory site and press notices. No objections were received.

The proposed changes were sought by the applicant following a review of the Council’s development portfolio which had identified that additional affordable housing could be provided at Gascoigne East Phase 3A, to be achieved through a change of tenure mix, secured via a S73 application alongside another application for the scheme known as the Development Site, Junction of Stamford Road and Woodward Road.

The DMO explained that the application had been made under a S106a modification and discharge of planning obligations.

In considering the above changes, officers have concluded the obligation continues to serve a useful purpose but would serve that purpose equally well if it had effect, subject to the proposed modification. It was considered that the proposal falls within the legislative provisions as set out above and therefore it has been recommended that the deed of variation proceeds. Officers also recognised the benefits of increasing the number of affordable homes, acknowledging the role Discount Market Rental homes have in meeting local demand.

The Committee resolved to:

(i)  Agree the reasons for approval as set out in the report, and

(ii)  Delegated authority to the Strategic Director of Inclusive Growth in consultation with the Head of Legal Services to approve the proposed changes, subject to the completion of a new Deed of Variation to replace the existing Deed of Variation attached to application 20/-1251/VAR dated 26 January 2021 based on the changes summarised in Appendix 4 of the report.

The Development Management Officer (DMO), Be First Development Management Team, introduced a report and presentation on an application from LBBD seeking consent for a variation of Condition 2 (Approved Plans) attached to planning consent 20/00097/FUL dated 17.07.2020, so as to amend the approved affordable housing tenure mix by changing 15 out of the 16 London Affordable Rent units to Discount Market Rent in connection with the development on the site at the junction of Stamford Road and Woodward Road, Dagenham.

In addition to internal and external consultations, a total of 266 notification letters were sent to neighbouring properties together with the requisite statutory site & press notices. No objections were received.

The DMO stated that although the changes would result in the loss of 15 low-cost rent units the proposed amendment to the consented scheme would enable the applicant to use right to buy receipts, clawing back a significant proportion of the scheme’s deficit as it stood, and would in so doing allow for the continued delivery of the scheme and the provision of much needed affordable accommodation in the borough. This despite an accompanying viability assessment which confirmed that even after the proposed changes the scheme would remain in deficit. 

In conclusion, officers consider the proposed changes to be acceptable and constitute a minor material amendment and recommended that planning permission be granted subject to the completion of a deed of variation.

The Committee resolved to:

(i)  Agree the reasons for approval as set out in the report,

(ii)  Delegate authority to the Strategic Director of Inclusive Growth in consultation with the Head of Legal Services to grant planning permission subject to the completion of a deed of variation under s106 of the Town and Country Planning Act 1990 (as amended) based on the changes identified at Appendix 6 and the Conditions listed in Appendix 5 of the report, and

(iii)  That, if by 11 March 2024 the legal agreement has not been completed, the Strategic Director of Inclusive Growth be delegated authority to refuse planning permission or extend the timeframe to grant approval.