Agenda and minutes

No apologies for absence were received.

Any member of the Council who has a disclosable pecuniary interest in a matter to be considered at the meeting is reminded to disclose the interest to the meeting and to leave the Chamber while any discussion or vote on the matter takes place.

Members are also reminded that if they have any other significant interest in a matter to be considered at the meeting, which they feel should be declared in the public interest, such interests should be declared to the meeting. In such circumstances Members should consider whether their continued participation, in the matter relating to the interest, would be reasonable in the circumstances, particularly if the interest may give rise to a perception of a conflict of interests, or whether they should leave the Chamber while any discussion or vote on the matter takes place.

OtherDeclarations

Any Member of the Committee who does not have a disclosable pecuniary or other significant interest in a planning application to be considered at the meeting but who has been involved in organising support for or objections to such a planning application, submitted representations or expressed support for or opposition to the application (either publicly or in private with the applicant or objectors) should declare this at the meeting. At the point during the meeting when that planning application is to be considered, the Member should stop participating (but not necessarily leave the meeting) until the Committee has made its decision unless the Member believes that he or she is able to consider and that he or she would be seen to consider the application with an open mind, fairly and on its merits.

No declarations of interest were made.

The minutes of the meetings held on 10 October 2023, 5 December 2023 and 9 January 2024 were all confirmed as correct records for the Chairman’s signature.

Reports on the below applications are attached for Members of the Committee. Any person requiring more information about the background papers used in the preparation of any of these reports should telephone 020 7361 2004.

Report to follow.

Summary of Planning Enforcement Investigation: The officer report related to the residential mooring of three houseboats at Chelsea Reach. The three houseboats are the HB Iris, HB Pacifica and HB Zephyr moored in berths 5, 11 and 12, respectively. On 19^th December 2023 the Planning Applications Committee determined that the mooring of the three houseboats is a breach of planning control on the basis that each berth is a separate planning unit and the introduction of significantly different boats constitutes a material change of use by reason of intensification, and would do so even if the moorings as a whole were treated as one planning unit. The material change of use by intensification was found to have occurred, due to the size of the houseboats and their configuration as two self-contained units. It was accepted by the Planning Applications Committee that the houseboats are not operational development requiring planning permission. Having determined that a breach of planning control had occurred, officers have considered whether it is expedient to take enforcement action against the material change of use of the land. For the reasons set out in the officer report, officers considered that it was not expedient to take enforcement action.

Officers drew the Committee’s attention to the addendum report which amended Paragraphs 5.3, 5.5, 8.19 and 8.24 of the enforcement investigation report, summarised two late representations received and notified the Committee of receipt of an application for a certificate of existing lawful use of 106 Cheyne Walk for moorings.

Andrew Prynne KC addressed the Committee in objection to the recommendation.

Cllr Cem Kemahli addressed the Committee in objection to the recommendation.

Cllr Laura Burns addressed the Committee in objection to the recommendation.

Charles Collins (Agent) addressed the Committee in support of the recommendation.

RESOLVED UNANIMOUSLY: to OVERTURN the recommendation not to take enforcement action in the enforcement investigation report.

RESOLVED UNANIMOUSLY (as proposed by Cllr Husband and seconded by Cllr Lane): to AUTHORISE enforcement action for the following reasons: The material change of use of the whole of the moorings through intensification, by the introduction of 3 significantly different boats, due to their size and configuration as two self-contained units is harmful to the character and appearance of the Thames Conservation Area and views of the River Thames from nearby residential properties at high level, contrary to Local Plan policies CL3 and CL11 and;

The 3 boats, due to their large size, create an increased sense of enclosure to the occupants of adjacent houseboats, harmful to their living conditions, contrary to Local Plan Policy CL5.

The steps necessary to remedy the harmful breach of planning control is to remove the 3 boats from the land. The Committee decided that the planning unit was the whole of the moorings site.

The period of compliance has been deferred to officers to confirm, but the Planning Applications Committee consider 9 months is too long.

Description of development: Details required by Condition 3 (Construction Traffic Management Plan (CTMP)) of planning permission PP/18/04859 (Construction of basement excavation works less than 50% of the rear garden and floor light in existing front light well. Demolition of existing three storey extension and roof terrace and replacement with a two-storey rear extension with roof terrace. Single storey extension at lower ground floor under front entrance steps).

Officers drew the Committee’s attention to the addendum report which amended paragraphs 3.3, 4.4 and 6.4 to replace the reference to Dangerous Structures Notice (DSN) to instead refer to a Neglected Structures Notice (NSN).

There were no speakers for this item.

RESOLVED UNANIMOUSLY: to grant the approval of condition 3 (Construction Traffic Management Plan) of planning permission PP/18/04859.

Description of development: New window openings in rear facade. Removal and replacement of new access landing adjacent to 2 Carmel Court, with rooflight above. Replacement front handrail. Extend rear handrail. Installation of air source heat pump within low level acoustic enclosure.

Officers indicated that one additional representation had been received as noted in the addendum report.

Hans Georg Christian Schaeff addressed the Committee in objection to the application.

Dagmar Peterson addressed the Committee in objection to the application.

Claire Gayle addressed the Committee in objection to the application.

David Tigg addressed the Committee in support of the application.

RESOLVED TO REVISE: Conditions 3 and 6:

3. Noise from building services plant and vents

Noise emitted by all building services plant and vents shall not exceed a level 10dBA below the existing lowest LA90(10min) background noise level at any time when the plant is operating, and where the source is tonal it shall not exceed a level 15dBA below. The noise emitted shall be measured or predicted at 1.0m from the facade of the nearest residential premises or at 1.2m above any adjacent residential garden, terrace, balcony, or patio.

Prior to the first use of the hereby approved condensers, a letter shall be submitted to the Local Planning Authority, confirming compliance with the noise levels set out above, including details of the testing carried out to demonstrate this.

The plant shall be serviced regularly in accordance with the manufacturer's instructions and as necessary to ensure that the requirements of the condition are maintained. If at any time the plant is determined by the local planning authority to be failing to comply with this condition, it shall be switched off upon written instruction from the local planning authority and not used again until it is able to comply.

Reason - To prevent any significant disturbance to residents of nearby properties and comply with development plan policies, in particular policy CL5 of the Local Plan 2019.

6. Roof Railings – Painted Black

The railings to the roof shall be painted black and so maintained.

Reason: To preserve or enhance the appearance of the building and/or the character of the area, in accordance with policies of the development plan in particular policies CL1, CL2 and CL6 of the Local Plan 2019.

RESOLVED TO ADD: Condition 8:

8. Use of roof as terrace precluded

The roof of the building forming the subject of this planning permission shall not be used at any time as a terrace/amenity space.

Reason - To avoid overlooking and disturbance to neighbouring properties and so accord with policies of the development plan, in particular policy CL5 of the Local Plan 2019.

RESOLVED TO REMOVE: Condition 7:

7. Roof terrace - No tall items

No items such as plants, umbrellas, heaters, screens, trellises, or other items which rise higher than 1100mm from finished floor/decking level, shall be affixed to or placed upon the terrace at any time.

Reason - To preserve the appearance of the building and/or the character of the  ...  view the full minutes text for item 4iii

Description of development: Extending existing lower ground floor level to front of building.

Officers indicated that one additional representation had been received and Paragraph 1.1 and Paragraph 4.4 of the officer report had been amended as per the addendum report.

Hans Georg Christian Schaeff addressed the Committee in objection to the application.

Dagmar Peterson addressed the Committee in objection to the application.

Claire Gayle addressed the Committee in objection to the application.

David Tigg addressed the Committee in support of the application.

RESOLVED TO ADD: Two additional conditions, Condition 9 and 10:

9. Construction Method Statement (CMS)

No development shall commence until a Construction Method Statement detailing how the proposed excavation is to be undertaken, spoil removed, adjacent property and land supported and stabilised, and the development constructed, has been submitted to and approved in writing by the local planning authority. The Method Statement shall be prepared by a suitably qualified person, namely a Member of the Institute of Structural Engineers (M.I. Struct. E.) or a Member of the Institution of Civil Engineers (M.I.C.E.).

Reason: To ensure adequate safeguard to the structural integrity of neighbouring building in accordance with the Development Plan. It is necessary for the condition to be on the basis that “No development shall commence until” as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Development Plan.

10. Small Scale Dust Management Plan (SSDMP)

No development shall commence until a Dust Management Plan [setting out best practical means to minimise construction dust in line with the Mayor of London’s guidance - The Control of Dust and Emissions from Construction and Demolition] is submitted to, and approved in writing by, the local planning authority.

The approved Small Scale Dust Management Plan shall be fully implemented during the course of demolition and development.

Reason: To ensure any impact on air quality, and nearby residents, are both minimised and managed and to comply with the NPPF (2023), development plan policies and Air Quality policies of the Local Plan. It is necessary for the condition to be on the basis that “No development shall commence until” as compliance with the requirements of the condition at a later time would result in unacceptable harm contrary to the policies of the Development Plan.

RESOLVED UNANIMOUSLY: to APPROVE the recommendation to grant planning permission with the conditions listed in Section 9 of the report, along with additional conditions 9 and 10.  

Description of development: Erection of temporary open weave banner mesh advert situated upon access scaffold. Covering of scaffold with a shroud showing 1-1 image of host building and addition of a externally illuminated commercial advert.

Officers highlighted that Paragraphs 1.1, 6.4 and 6.18 have been amended as per the addendum report.

There were no speakers for this item.

RESOLVED BY A MAJORITY (with Cllr Weeden-Sanz in dissent): to APPROVE the recommendation to grant advertising consent with the conditions listed in Section 9 of the officer report.  

Description of development: Details required by Condition 3 (Construction Traffic Management Plan (CTMP)) of planning permission PP/23/03872 (Construction of basement beneath part of the rear garden; replacement and extension of rear ground floor extension with rooflights).

Officers drew attention to additions in Section 7 as per addendum report.

Keith Benham addressed the Committee in objection to the application.

RESOLVED (Cllr Husband, Cllr Lane and Cllr Weeden-Sanz in favour, Cllr Areti and Cllr Verboven in dissent): to DEFER so the applicant can consider using smaller construction vehicles.

Description of development: Alterations at main roof level to increase size of mansard roof addition to the rear and enlarge the front dormer window, provision of roof-lights, access hatch for maintenance and a condenser unit within acoustic enclosure at main roof level; alterations and additions to fenestration; erection of single-storey rear extension at lower ground floor level with replacement terrace above; extension at second floor level and provision of basement below the house with a rear light-well.

Officers drew attention to Conditions 5, 9 and Paragraph 6.13 which were amended as per the addendum report.

There were no speakers for this item.

RESOLVED: to REVISE Informative 6:

6. Radon

The UK Health Security Agency and HSE policy and guidance recommends and, in some cases, requires, that the owner and/or occupier of buildings undertake radon monitoring in all occupied and used basement areas. Radon monitoring should therefore be undertaken in line with these requirements. If monitoring identifies radon levels above the target level of 100Bq/m3 within a dwelling or above the relevant action level for occupational exposure, actions are recommended and for workplaces, may be required by the HSE. If radon is identified above 100Bq/m3 during future monitoring, please inform the Council at [email protected].

RESOLVED BY A MAJORITY (with Cllr Verboven in dissent): to APPROVE the recommendation to grant planning permission with the conditions listed in Section 9 of the officer report, the amended conditions 5, 9 and Paragraph 6.13 as per the addendum report, and the revised Informative 6.

Description of development: External alterations and refurbishments to rear single storey terrace structure.

Officers drew attention to Paragraphs 5.3 and 6.4 of item S14 which were amended as per the addendum report.

There were no speakers for this item.

RESOLVED UNANIMOUSLY: to APPROVE the recommendation to grant Planning Permission with the conditions listed in Section 9 of the officer report.

RESOLVED UNANIMOUSLY: to APPROVE the recommendation to grant Listed Building Consent with the conditions listed in Section 2 of the officer report.

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Description: Replacement of 3no. existing condenser units with 1no. condenser unit and 3no. Air Source Heat Pumps, and installation of 11no. Photovoltaic panels.

Officers drew the Committee’s attention to the amended Paragraphs 6.4, 6.8 and Section 8 Item 2 as per the addendum report.

There were no speakers for this item.

RESOLVED UNANIMOUSLY: to APPROVE the recommendation to grant Planning Permission with the conditions listed in Section 8 of the officer report.

Description: Timber window renewal works to front and rear elevations to replace single glazed timber windows with like for like slimline double glazed timber windows.

There were no speakers for this item.

RESOLVED UNANIMOUSLY: to APPROVE the recommendation to grant Planning Permission with the conditions listed in Section 9 of the officer report.  

Description: Replacement of current kiosk with larger flower kiosk (with awning) on southern end of motorcycle bay on west side of carriageway, to operate 7 days a week opening approx. 7am and closing by 8pm.

There were no speakers for this item.

RESOLVED UNANIMOUSLY: to APPROVE the recommendation to grant Planning Permission with the conditions listed in Section 9 of the officer report.

[Each written report on the public part of the Agenda as detailed above:

(i)         was made available on the Council’s website from the date of the Agenda;

(ii)        incorporates a list of the background papers which (i) disclose any facts or matters on which that report, or any important part of it, is based; and (ii) have been relied upon to a material extent in preparing it. (Relevant documents which contain confidential or exempt information are not listed.); and

(iii)        may, with the consent of the Chairman and subject to specified reasons, be supported at the meeting by way of oral statement or further written report in the event of special circumstances arising after the despatch of the Agenda.]

No other urgent or written items were raised for the Chairman’s consideration.