Agenda and minutes

RESOLVED that the Minutes of the meeting held on 8 September 2015 be confirmed and signed as a correct record.

In accordance with the Council’s Constitution, questions to this Committee must be received in writing 4 working days before the date of the meeting.  Therefore please ensure questions are received by the Democratic Services Team by 5pm on Friday 23 October 2015.

No questions were received.

Members considered events following a resolution by the Committee on 13 July 2015 to grant permission for the following planning application report:-

On 24^th July, a Pre-Action Judicial Review Letter was received from Kelsey Estate Protection Association (KEPA) which set out a proposed claim for Judicial Review of the Council’s resolution to approve planning permission.  As a result, the issuing of a decision had been held back, to take account of legal advice and allow time for further contact and mediation.

Members were therefore requested to consider KEPA’s challenges which were referred to and addressed in the report.

Oral representations in objection to the application were received from Mr Mike Mielniczek who considered the Committee had been misled by information given in relation to traffic and parking pressure.  The Lambeth Methodology guidance advised traffic surveys should be undertaken within a distance of 200 metres for residential developments and 500 metres for commercial developments. The Authority argued that as the school was not residential, the guidance allowed flexibility to treat it as a commercial development so, in this regard, the 500 metre survey limit was reasonable.  However, KEPA considered that as the planning department had established a precedent by applying the 200 metre limit to primary schools it had, therefore, taken on the status as a development plan statutory limit and must be applied.  Moreover, the original report to Committee confirmed the use of 200 metres, as read to the Committee by Mr Meilniczek.

Mr Mielniczek claimed the Committee had been consistently misled on this matter; the affect being to dilute detriment to the conservation area; this was material, evidenced, planning fact.

Turning to educational need, Mr Mielniczek stated that the original report outlined the requirement to establish the educational need position in 2017/18 because that was when the current permission for temporary school places expired.  It was agreed by all that the temporary provision more than adequately covered requirement, as evidenced by the information contained in Document K of the current report.  Outturn statistics should also be considered as opposed to projections.

Document K recorded a projected surplus of 21 places in 2017/18 within planning area 2 which was where the application site was located.  However, it did not record equivalent statistics for planning area 1 which showed a surplus of 68 school places.  In total there were 89 surplus school places so even when the 60 temporary school places expired, a surplus of 29 would still remain.

The Home to School Travel and  ...  view the full minutes text for item 33.

The Chairman moved that the Press and public be excluded during consideration of the item of business listed below as it is likely in view of the nature of the business to be transacted or the nature of the proceedings that if members of the Press and public were present there would be disclosure to them of exempt information.

Members considered confidential legal information relating to the planning application for Harris Academy, Beckenham.

RESOLVED that the report be noted.

The Chairman to move that the attached report, not included in the published agenda, be considered as a matter of urgency on the following grounds:-

‘The statutory period for determining the application has expired.’

The Chairman moved and Members agreed, that the urgent item be considered.

Report DRR 15/0100

On 8 September 2015, the Development Control Committee granted permission for the development of the Old Town Hall for hotel use and the adjacent South Street Car Park site for residential use.  Permission was subject to the signing of a S.106 Legal Agreement with numerous clauses including one to secure the conversion and delivery of the Old Town Hall prior to the first occupation of the residential units in the South Street Car Park.

Subsequently, Members were requested to note that the Council intended to proceed in line with the wording offered by the developer for the clause relating to the secure delivery of the Old Town Hall element of the overall scheme.

RESOLVED that the report be noted.