Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillor Allen who was substituted for by Councillor Jaeger.

Councillor Harborne sent apologies for late arrival.

In accordance with the Members’ Code of Conduct and the Planning Protocol, Members are requested to declare any interests orally at the start of the meeting and again immediately before consideration of the matter. Members are reminded to specify the agenda item number to which it refers and the nature of the interest.

Members are also asked to declare whether they have been subject to lobbying from interested parties, if they have carried out any site visits and whether they have predetermined their view on any item to be considered.

Councillor Jaeger declared that she had previously expressed views on application 12/3933/FUL which could lead to a perception of pre-determination. She undertook to leave the Committee for the duration of this item.

In relation to application 12/3933/FUL,Councillor Morris declared that as a Cabinet Member she had been involved with the Uplift Project for Whitton town centre, but that she had not had any prior involvement with this application nor had she formed a prior view.

Councillor Stockley declared that she had pre-determined her view on application 12/2509/FUL. She undertook to leave the Committee for the duration of the item and would speak as an Interested Councillor.

To consider the minutes of the Planning Committee held on 31 January 2013 Attached.

The minutes of the meeting held on 31 January 2013 were approved as a correct record of proceedings and the Chairman authorised to sign them, subject to the following amendment:

·        Item 58 – Declarations: Councillor Jaeger declared that she was acquainted with the applicant for application 12/3285/FUL, and that as this could lead to a perception of pre-determination or bias she would withdraw from the Committee for this item.

Reports of the Development Control Manager attached – see list below.

The recommendations contained in the attached reports are those of the officers and are not binding upon the Committee.

The Chairman will confirm the order in which the attached reports are to be heard at the start of the meeting. Members are asked to note that there may be an adjournment of the meeting for a period of approximately 10 minutes starting at a convenient time from 8.30pm.

Change of use of ground floor retail shop from Class A1 to mixed Class A1/A3 coffee shop with associated outdoor seating for occupation by Costa Coffee only.

Officer’s recommendation:  PERMISSION

[Due to late arrival, Councillor Harborne did not participate in this item.]

[Having declared that she had already expressed views on this application, Councillor Jaeger withdrew from the Committee for the duration of this item.]

The Development Control Officer introduced the item and made amendments to the report as set out in the published addendum.

The Committee heard a representation against the application from Mr Kakas, a local business owner and resident.

The Committee heard a representation in support of the application from Ms Matthews, the agent.

The Committee considered points raised by speakers and information provided by officers in conjunction with the report.

Members discussed the application in relation to the current mix of units on Whitton High Street. The Committee noted the mixed use A1 / A3 being proposed and considered the condition in relation to the permission being personal. It was debated whether the addition of a new coffee shop to the high street would advantage or disadvantage similar businesses in the area. Members recognised that they could not make a decision based on the identity of the applicant, nor could competition be used as a reason for refusal. It was considered that given the conditions on personal permission and mixed use, the application, on balance,  complied with the Development Plan and thus it would be unreasonable to refuse it.  In addition, Members welcomed the idea of using a shop display to highlight the A1 aspect of the premises.

Whilst aware that future amendments to the signage and shopfront of the application site may be subject to a separate application, Members felt that the design of any such amendments should be in keeping with the street scene of the High Street and the host property.

It was RESOLVED that the application be APPROVED, subject to the conditions and informatives set out in the officer’s report. 

Change of use from tiles shop (Class A1) to coffee shop/restaurant (Class A3) with retail element (Class A1).

Officer’s recommendation: PERMISSION, subject to completion

of a Section 106 Agreement

[Having declared that she had pre-determined her view on this application, Councillor Stockley withdrew from the Committee.]

The Development Control Officer introduced the item and made amendments to the report as set out in the published addendum.

The Committee heard representations against the application from Mrs Robinson, the Barnes Town Centre Manager, and from Mr Mindel, who was speaking on behalf of a local shop owner.

The Committee heard a representation from Councillor Stockley who spoke as an Interested Councillor.

The Committee considered points raised by speakers and information provided by officers in conjunction with the report.

Members discussed the application in light of the site being a secondary shopping frontage and in light of the official designations of other units at the same frontage. It was noted that there was currently a mix of A1 and A3 units at this location. Members were concerned about retaining a mix of use to safeguard the vitality of the shopping frontage. It was discussed whether, if permission were granted, it could be personal to the applicant; however, it was concluded that given the nature of the location and the application this would be unreasonable. Members considered that a condition to make explicit that the premises should not be used solely for A3 use would help to secure the vitality and retail character of the area.

Members discussed whether the proposed change of use would have a negative effect on neighbour amenity in terms of traffic and servicing issues. The means by which visitors were likely to travel to the site were discussed. It was considered that there was no evidence to indicate that the proposal would have an unacceptable impact on traffic or parking in the area.

In relation to servicing, Members noted that there would be a condition requiring submission of a Service Management Plan. The Committee felt that this should be subject to consultation with local residents and businesses to ensure that there was no adverse effect on neighbour amenity.

It was RESOLVED that the application be APPROVED, subject to the conditions and informatives set out in the officer’s report and addendum; subject to the completion of a section 106 legal agreement; and subject to the following:

Amendment to condition NS03

Residents and businesses in proximity to the site shall be consulted on the applicant’s The Service Management Statement. If there is disagreement on this statement the application to discharge this condition must be determined by the Planning Committee.

Additional condition

Not solely A3 use

The property shall not at any time be used for purely A3 purposes.

REASON: To maintain the vitality and viability of the shopping area

Additional informative

At such time as the applicant no longer occupies the premises, any new occupier is encouraged to revert the unit to sole A1 use.   

Rear extension to lower ground, ground and first floors.Dormer roof extension to front and rear.

Officer’s recommendation: PERMISSION

The Development Control Officer introduced the item and made amendments to the report as set out in the published addendum.  In addition the presenting officer advised that the window indicated in bedroom 4 on the proposed plans (on side roof slope behind front gable) had been omitted from the scheme, and the following conditions were added:

·         U57636 - Detailed Drawings:  Add front light well boundary treatment.

·         U58034 - Hard and Soft Landscaping Required

The Committee heard a representation in support of the application from the applicant, Mrs Nicklewright.

The Committee considered points raised by speakers and information provided by officers in conjunction with the report.

Members noted that there had been a late letter of representation but that the concerns raised in relation to the structural integrity of the proposal were matters for Building Control, and were not material considerations.

Members discussed the bulk and design of the application and whether this was in keeping with the street scene, conservation area and building of townscape merit. The approved extensions to the neighbouring property were noted and it was felt that this application would increase the symmetry of the pair. The Committee discussed the possibility of a ‘terracing effect’ being created if future applications for side extensions were approved in this location; however, it was recognised that applications must be considered on their own merit as and when submitted. The proposed extensions were deemed to be subservient in nature and of acceptable design to grant permission.

It was RESOLVED that the application be APPROVED subject to the conditions and informatives set out in the officer’s report and above.