Agenda and minutes

RESOLVED – That the minutes of the meeting held on the 6 March 2014 be approved as a correct record.

Apologies for absence were received from Councillor Alison Cornelius.

There were none.

There were none.

There were none.

The Sub-Committee having heard oral representations from Councillor Kate Salinger (Coppetts Ward) in support of the application and from Mr Owen, the applicant’s representative;

RESOLVED TO APPROVE the application (being a reversal of Officer’s recommendation) subject to the following conditions:

1.    The development hereby permitted shall be carried out in accordance with the following approved plans:

·         Ordnance Survey Map showing the Site Location.

·         4241_01, 4241_02, 4241_03 and 4241_04.

Reason: For the avoidance of doubt and in the interests of proper planning and so as to ensure that the development is carried out fully in accordance with the plans as assessed in accordance with policies DM01 of the Adopted Barnet Development Management Policies DPD (2012) and CS NPPF and CS1 of the Adopted Barnet Core Strategy DPD (2012).

2.    This development must be begun within three years from the date of this permission.

Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act, 2004.

3.    The premises shall be used for Dental Practice  and no other purpose (including any other purpose in Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order, 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order, with or without modification). 

Reason: To enable the Local Planning Authority to exercise control of the type of use within the category in order to safeguard the amenities of the area.

4.    Details of the hours of use of the dentist practice shall be agreed in writing with the Local Planning Authority prior to the use first commencing and the premises shall operate in accordance with the hours as approved thereafter.

Reason: To protect the amenities of neighbouring occupiers.

5. The development shall be adapted so as to provide sufficient air borne and structure borne sound insulation against internally generated noise and vibration. This sound insulation shall ensure that the levels of noise generated from the dental surgery as measured within habitable rooms of the development shall be no higher than 35dB(A) from 7am to 11pm and 30dB(A) in bedrooms from 11pm to 7am.

A scheme for mitigation measures shall be submitted to and approved by the Local Planning Authority prior to development. The approved mitigation scheme shall be implemented in its entirety before (the use commences).

Reason: To ensure that the proposed development does not prejudice the amenities of occupiers of the residential flat(s) above the properties.

The Sub-Committee noted the receipt of the additional information set out in the addendum.

The Sub-Committee having heard oral representations from Mr Westrope, the applicant;

RESOLVED TO APPROVE the application (being a reversal of Officer’s recommendation) subject to (i) the below conditions and informatives (ii) the additional informative set out in the addendum:

APPROVED PLANS

The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan 1-202, Drawing No. P/200, 203 and P/201 Rev A.

Reason: For the avoidance of doubt and in the interests of proper planning and so as to ensure that the development is carried out fully in accordance with the plans as assessed in accordance with policies DM01 of the Adopted Barnet Development Management Policies DPD (2012) and CS NPPF and CS1 of the Adopted Barnet Core Strategy DPD (2012).

TIME LIMIT

This development must be begun within three years from the date of this permission.

Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act, 2004.

PARKING TO BE SET OUT

Before the development hereby permitted is occupied the parking spaces shown on Drawing P/201 Rev A shall be provided and shall not be used for any purpose other than the parking of vehicles in connection with the approved development.

Reason: To ensure that parking is provided in accordance with the council’s standards in the interests of pedestrian and highway safety, the free flow of traffic and in order to protect the amenities of the area in accordance with policies DM17 of the Adopted Barnet Development Management Policies DPD (2012) and 6.1, 6.2 and 6.3 of the London Plan 2011.

DETAILS OF MATERIALS

Before the development hereby permitted commences, details of the materials to be used for the external surfaces of the building(s) and hard surfaced areas shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be implemented in accordance with such details as approved.

Reason: To safeguard the character and visual amenities of the site and wider area and to ensure that the building is constructed in accordance with policies DM01 of the Adopted Barnet Development Management Policies DPD (2012), CS NPPF and CS1 of the Adopted Barnet Core Strategy DPD (2012) and 1.1, 7.4, 7.5 and 7.6 of the London Plan 2011.

SITE TO BE ENCLOSED

Before the development hereby permitted is brought into use or occupied the site shall be enclosed except at the permitted points of access in accordance with details previously submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure that the proposed development does not prejudice the appearance of the locality and/or the amenities of occupiers of adjoining residential properties and to confine access to the permitted points in the interest of the flow of traffic and conditions of general safety on the adjoining highway in accordance with policies DM01, DM03, DM17 of the Adopted Barnet Development Management Policies DPD (2012), CS NPPF and CS1 of the  ...  view the full minutes text for item 7.

The Sub-Committee having heard oral representations from Mr Gear, the applicant;

RESOLVED TO REFUSE the application for the reasons stated in the Officer’s report and for the below additional reason:

The proposed dwelling at Plot 2 would only be 10m away from the rear garden of No.179 which would have a significant adverse impact on the amenities of those living at No.179, resulting in a loss of privacy and reducing the quality and usability of the garden area.  The scheme would be contrary to Policy DM01 Protecting Barnet’s character and amenity of the adopted Development Management Policies DPD (2012) and to guidance contained in the adopted Sustainable Design and Construction SPD (2013)’.

The Sub-Committee noted the receipt of the additional information set out in the addendum.

RESOLVED TO APPROVE the application as per the Officer’s report and subject to (i) the conditions set out in the report (ii) the additional information in the addendum.

RESOLVED TO APPROVE the application as per the Officer’s report and subject to the conditions set out in the report.

RESOLVED TO REFUSE CONSENT TO REMOVE BOTH TREES (being a reversal of Officer’s recommended alternatives) for the following reason:

The loss of the trees of special amenity value is not justified as a remedy for the alleged subsidence damage on the basis of the information provided.

There were none.