Agenda and draft minutes

RESOLVED that the minutes of the meeting held on 3^rd March 2022 be agreed as a correct record.

Apologies were received from Councillor Laurie Williams who was substituted by Councillor Geof Cooke.

Apologies were received from Councillor John Marshall.

Apologies were received from Councillor Linda Freedman.

Cllr Nizza Fluss reported that she was a Member of the Planning Committee when the previous decision on The Brookdales (Item 8) had been made, though she had not taken part in the appeal. The Brookdales is also in her Ward. She declared a non-pecuniary interest by virtue of having discussed the application with one resident of Brookdales and one of Southbourne Crescent prior to the meeting.  

The Chairman declared a non-pecuniary interest in relation to Item 8 by virtue of the fact that he knows Mr Alan Cox in relation to some charity work. He noted that he has never discussed the application for The Brookdales with Mr Cox.

None.

Items contained within the addendum were dealt with under individual agenda items. The Committee noted the addendum to the Planning Agenda which was published and circulated prior to the meeting.

The Planning Officer presented the report and addendum.

Mrs Elizabeth Khan addressed the Committee in objection to the application.

Mr Nigel Dexter, agent for the applicant, addressed the Committee.

Further to discussion of the item, the Chairman moved to the vote on the Officer’s recommendation to approve the application subject to conditions.

The vote was recorded as follows:

The Chairman moved a motion to refuse the application on the grounds that the first-floor wraparound extension is a bulky and incongruous addition and together with the first-floor side element with its flat roof is unsympathetic to a traditional 19^th century home. It detracts from the character and appearance of the Conservation Area particularly given its location between two listed buildings. In addition, the relationship between the proposed side wall of the extension facing The Chase together with its height and proximity to the bedroom window in the ground floor side wall of The Chase would be visually obtrusive would cause a sense of enclosure, loss of light and outlook. The motion was seconded by Cllr Farrier.

The Chairman moved to the vote on the motion:

CARRIED – the application was REFUSED for the for the following reasons:

1)    The proposed first floor wraparound extension would by reason of its size, siting, bulk and flat roof design be an incongruous and unsympathetic addition detrimental to the character and appearance of the host property. The proposal would detract from the character and appearance of the Monken Hadley Conservation Area particularly given its location between two listed buildings contrary to Policies D1, D4 and HC1 of the London Plan (2021), Policies CS1 and CS5 of the London Borough of Barnet: Local Plan (Core Strategy) DPD (2012), Policies DM01 and DM06 of the London Borough of Barnet: Local Plan (Development Management Policies) DPD (2012), the Monken Hadley Conservation Area Character Appraisal and the Residential Design Guidance SPD (2016)

2)    The proposed extension would by reason of its size, siting and design be overbearing and visually obtrusive resulting in an unacceptable sense of enclosure, loss of light and outlook detrimental to the residential and visual amenities of neighbouring residents at The Chase, Hadley Common, contrary to policies CS NPPF, CS1 and CS5 of the Local Plan Core Strategy (September 2012), Policy DM01 of the Development Management Policies DPD (Adopted September 2012) and the Residential Design Guidance SPD (adopted April 2016).

The Planning Officer presented the report.

Mr Shirsh Agarwal and Mrs Barbara Winston addressed the Committee in objection to the application.

Mr Dylan Kerai, agent for the applicant, addressed the Committee.

Further to discussion of the item, the Chairman moved to the vote on the Officer’s recommendation to approve the application subject to conditions.

The vote was recorded as follows:

RESOLVED that the application be approved subject to conditions set out in the report AND the Committee grants delegated authority to the Service Director of Planning and Building Control to make any minor alterations, additions or deletions to the recommended conditions/obligations or reasons for refusal as set out in this report and addendum provided this authority shall be exercised after consultation with the Chairman (or in their absence the Vice-Chairman) of the Committee (who may request that such alterations, additions or deletions be first approved by the Committee).

The Planning Officer presented the report.

Mr Alan Cox, agent for the application, addressed the Committee.

Further to discussion of the item, the Chairman moved to the vote on the Officer’s recommendation to approve the application subject to conditions.

The vote was recorded as follows:

RESOLVED that the application be approved subject to conditions set out in the report AND the Committee grants delegated authority to the Service Director of Planning and Building Control to make any minor alterations, additions or deletions to the recommended conditions/obligations or reasons for refusal as set out in this report and addendum provided this authority shall be exercised after consultation with the Chairman (or in their absence the Vice-Chairman) of the Committee (who may request that such alterations, additions or deletions be first approved by the Committee).

The Planning Officer presented the report.

Mr Bobby Fasogbon addressed the Committee in objection to the application.

Cllr Sara Conway addressed the Committee in objection to the application.

Further to discussion of the item, the Chairman moved to the vote on the Officer’s recommendation to approve the application subject to conditions.

The vote was recorded as follows:

Cllr Farrier moved a motion to refuse the application on the grounds that it would impact the visual amenity and character of the street scene due to loss of green space and be detrimental to the residential amenities of occupiers of number 1 Gaydon Lane due to loss of outlook. The motion was seconded by Cllr Narenthira.

The Chairman moved to the vote on the above motion:

CARRIED – the application was REFUSED for the following reasons:

1.‘The proposed development would by reason of its location and design result in the loss of an open green space which would significantly detract from the open nature of the site to the detriment of the visual amenities of the immediate area and fail to preserve or enhance the character and appearance of the site, the street scene, and the wider locality. The proposal is therefore contrary to Policies CS NPPF, CS1 and CS5 of the Local Plan Core Strategy (adopted September 2012), Policy DM01 of the Local Plan Development Management Policies DPD (adopted September 2012) and the Residential Design Guidance SPD (adopted April 2016).’

2. The proposed development, by reason of its siting on the boundary, result in an unacceptable sense of enclosure and have an overbearing impact on the neighbouring windows at No.1 Gaydon Lane. This would harm the outlook and light received by these first-floor windows, to the detriment of the amenities of the occupiers of this property.

The application is therefore considered unacceptable and contrary to Policy DM01 and DM02 of the Barnet Development Management Policies DPD (2012) and the guidance contained within the Barnet's Residential Design Guidance SPD (2016).

The Planning Officer presented the report.

Ms Katherine Eisner and Ms Susan Berry addressed the Committee in objection to the application.

Mr Roy Graham addressed the committee on behalf of the applicant.

Further to discussion of the item, the Chairman moved to the vote on the Officer’s recommendation to approve the application subject to conditions.

The vote was recorded as follows:

RESOLVED that the application be approved subject to conditions set out in the report AND the Committee grants delegated authority to the Service Director of Planning and Building Control to make any minor alterations, additions or deletions to the recommended conditions/obligations or reasons for refusal as set out in this report and addendum provided this authority shall be exercised after consultation with the Chairman (or in their absence the Vice-Chairman) of the Committee (who may request that such alterations, additions or deletions be first approved by the Committee).

The Planning Officer presented the report.

Mr Roger Pittalis addressed the Committee in objection to the application.

Mr Sayed Mojtaba Shahrestani, agent for the applicant addressed the Committee.

Further to discussion of the item, the Chairman moved to the vote on the Officer’s recommendation to approve the application subject to S106 agreement.

The vote was recorded as follows:

RESOLVED that the application be approved subject to s106 as set out in the report AND the Committee grants delegated authority to the Service Director of Planning and Building Control to make any minor alterations, additions or deletions to the recommended conditions/obligations or reasons for refusal as set out in this report and addendum provided this authority shall be exercised after consultation with the Chairman (or in their absence the Vice-Chairman) of the Committee (who may request that such alterations, additions or deletions be first approved by the Committee).

The Planning Officer presented the report and addendum. The Planning Officer noted that the addendum contained an incorrect amendment to condition 3, which should state ‘expiring on 30/04/2023’.

Cllr Alan Schneiderman addressed the Committee in objection to the application.

Ms Helen Cuthbert, agent for the applicant, addressed the Committee.

Further to discussion of the item, the Chairman moved to the vote on the Officer’s recommendation to approve the application subject to conditions.

The vote was recorded as follows:

The Chairman moved a motion to refuse the application on the grounds that the increased opening hours would have a negative impact on the residential amenity due to additional disturbance and noise. The motion was seconded by Cllr Fluss.

The Chairman moved to the vote on the above motion:

CARRIED - the application was REFUSED for the following reasons:

The proposed variation to include longer opening hours would result in an increased level of pedestrian activity and lead to additional levels of noise and disturbance from comings and goings to the detriment of the residential amenities of neighbouring occupiers. As such this would be contrary to Policy DM01 of the Development Management Policies (2012) and CS5 of Barnet's Core Strategy (2012).

The Planning Officer presented the report.

Mr Edward Ben-Nathan, the applicant, addressed the Committee.

Further to discussion of the item, the Chairman moved to the vote on the Officer’s recommendation to approve the application subject to conditions.

The vote was recorded as follows:

RESOLVED that the application be approved subject to conditions set out in the report AND the Committee grants delegated authority to the Service Director of Planning and Building Control to make any minor alterations, additions or deletions to the recommended conditions/obligations or reasons for refusal as set out in this report and addendum provided this authority shall be exercised after consultation with the Chairman (or in their absence the Vice-Chairman) of the Committee (who may request that such alterations, additions or deletions be first approved by the Committee).

The Chairman thanked the Committee and Officers noting this would be his final meeting chairing Planning Committee C. He thanked Heidi Euzger, Planning Manager for her tolerance, patience and understanding over the past seven years.  He thanked Dave Prince, Area Planning Manager for his sage counsel over many years.

The Chairman thanked the Governance Team, in particular Jan Natynczyk who had clerked meetings of his committees over many years. He also thanked the legal team, in particular Mrinalini Rajaratnam.

The Chairman reported that this meeting would have been Cllr John Marshall’s last, but he had been unable to attend due to having broken his leg. Also Cllr Laurie Williams had been a Committee Member for the past eight years and was greatly missed but was currently unwell; the Committee’s thoughts are with Cllr Williams and his family. He also thanked Cllr Linda Freedman in her absence as she was away for her last meeting.

The Chairman thanked all Members for being a great Committee to work with.