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COMMITTEE REF: REF: DCC/10/19 NOTICE OF MEETING COMMITTEE : DEVELOPMENT CONTROL COMMITTEE DATE : WEDNESDAY, 02 OCTOBER 2019 TIME : 18:00 PLACE : COMMITTEE ROOM 3 TOWN HALL, LUTON, LU1 2BQ COUNCILLORS: TAYLOR (CHAIR) FRANKS AGBLEY (VICE CHAIR) A. HUSSAIN ALI M. HUSSAIN BRIDGEN RIVERS CAMPBELL ROCHE DONELON QUORUM : 3 MEMBERS Matthew Hussey (01582 546032) INFORMATION FOR THE PUBLIC PURPOSE: This Committee determines applications for planning permission; applications for consent to the display of advertisements; and applications for Hazardous Substances Consent. It also has authority to authorise action in respect of any breach of planning control This meeting is open to the public and you are welcome to attend. For further information, or to see the papers, please contact us at the Town Hall: IN PERSON, 9 am to 5 pm, Monday to Friday, or CALL the Contact Officer (shown above). An induction loop facility is available for meetings held in Committee Room 3. Arrangements can be made for access to meetings for disabled people. If you would like us to arrange this for you, please call the Contact Officer (shown above). Members of the public are entitled to take photographs, film, audio-record and report on all public meetings in accordance with the Openness of Local Government Bodies Regulations 2014. People may not however act in anyway considered to be disruptive and may be asked to leave. Notice of these rights will be given verbally at the meeting. Page 1 of 178 AGENDA Agenda Subject Page Item No. EMERGENCY EVACUATION PROCEDURE Committee Rooms 1, 2, 4 & Council Chamber: Turn left, follow the green emergency exit signs to the main town hall entrance and proceed to the assembly point at St George's Square. Committee Room 3: Proceed straight ahead through the double doors, follow the green emergency exit signs to the main Town Hall entrance and proceed to the assembly point at St George's Square. INTRODUCTIONS, PHOTOGRAPHY, FILMING & AUDIO RECORDING 1. APOLOGIES FOR ABSENCE 2. MINUTES 1. 28th August 2019 4 - 49 3. SECTION 106, LOCAL GOVERNMENT FINANCE ACT 1992 Those item(s) on the Agenda affected by Section 106 of the Local Government Finance Act 1992 will be identified at the meeting. Any Members so affected is reminded that (s)he should disclose the fact and refrain from voting on those item(s). 4. DISCLOSURES OF INTEREST Members are reminded that they must disclose both the existence and nature of any disclosable pecuniary interest and any personal interest that they have in any matter to be considered at the meeting unless the interest is a sensitive interest in which event they need not disclose the nature of the interest. A member with a disclosable pecuniary interest must not further participate in any discussion of, vote on, or take any executive steps in relation to the item of business. A member with a personal interest, which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member’s judgment of the public interest, must similarly not participate in any discussion of, vote on, or take any executive steps in relation to the item of business. Disclosable pecuniary interests and Personal Interests are defined in the Council’s Code of Conduct for Members and Co-opted members. Page 2 of 178 5. URGENT BUSINESS The Chair to report on any business which is considered to be urgent and which should be discussed at the meeting in accordance with Section 100B(4)(b) of the Local Government Act 1972 and to determine when, during the meeting, any such business should be discussed. 6. REFERENCES FROM COMMITTEES AND OTHER BODIES SERVICE ISSUES 7. FORMER CHILDRENS HOME, BUCKLE CLOSE, 50 - 78 LUTON (Report of the Development Control Manager) 8. CRESTA HOUSE, ALMA STREET, LUTON 79 - 95 (Report of the Development Control Manager) 9. THE ROUND GREEN TAVERN, NO.386 HITCHIN 96 - 110 ROAD, LUTON (Report of the Development Control Manager) 10. FLATS 1-14 OAKVIEW, NO. 1 STOCKINGSTONE 111 - 118 ROAD, LUTON (Report of the Development Control Manager) 11. BROADCASTING HOUSE, NO. 1 HASTINGS, 119 - 130 STREET, LUTON (Report of the Development Control Manager) 12. GUILDFORD HALL, NOS. 80-94 GUILDFORD 131 - 140 STREET, LUTON (Report of the Development Control Manager) 13. NOS. 112 - 120 WALLER AVENUE, LUTON 141 - 153 (Report of the Development Control Manager) 14. DEPOSITED PLANS & APPLICATIONS FOR 154 - 154 PLANNING PERMISSION AND OTHER PROPOSALS (Report of the Development Control Manager) 14.1 NOS. 50 WALLER AVENUE, LUTON 155 - 169 (Report of the Development Control Manager) 14.2 RO 84 - 86 ROMAN ROAD, LUTON 170 - 178 (Report of the Development Control Manager) 15. LOCAL GOVERNMENT ACT 1972, PART VA To consider whether to pass a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting during consideration of any item listed above if it is likely that if members of the public were present during those items there would be disclosure to them of exempt information falling within the Paragraphs of Part 1 of Schedule 12A to the Local Government Act 1972. Page 3 of 178 AGENDA ITEM 2.1 DEVELOPMENT CONTROL COMMITTEE 28TH AUGUST 2019 at 6.00 P.M. PRESENT: Councillors D. Taylor (Chair), Agbley (Vice-Chair), Ali, Bridgen, Campbell, Donelon, Franks, A. Hussain, , Rivers and Roche. 57. APOLOGIES FOR ABSENCE (REF: 1) Apologies for absence from the meeting were received on behalf of Councillors Ali and M. Hussain. 58. MINUTES (REF: 2.1) That subject to the inclusion of Councillor Bridgen as being present at the meeting, the Minutes of the meeting of the Committee held on the 31st July 2019 be taken as read, approved as a correct record and signed by the Chair. 59. RECOMMENDATION FROM FULL COUNCIL – FORMER BOWLING GREEN, VENUE 360, GIPSY LANE, LUTON (REF: 6.1) The Interim Service Director, Policy, Communities and Engagement advised on Planning Application 18/00884/FUL relating to the former Bowling Green, Venue 360, Gipsy Lane, Luton which had been considered by the Committee on 24th April 2019. At that meeting, the Committee had resolved to approve planning permission and that decision had been referred to Council as a recommendation under Standing Order 68.1. On 30th July 2019 Council had considered this matter and resolved: 'That Planning Application No: 18/00884/FUL relating to the former Bowling Green, Venue 360, Gipsy Lane, Luton be referred back to Development Control Committee for determination.’ Members were advised that a further report would be submitted to a future of the Committee. Resolved: That determination of Application 18/00884/FUL be deferred to a future meeting of the Committee. 60. ALDI, DALLOW ROAD, LUTON (REF: 7) The Development Control Officer reported on Application No. 19/00725/FUL submitted by Mr. Dan Pannell, ALDI Ltd for planning permission in relation to the erection of a food store with associated car parking, servicing and landscaping following demolition of existing store at Aldi Food Store, Dallow Road, Luton. He further reported that 19 adjoining occupiers had been notified of the application, a site notice and a press notice had also been issued, and no letters of representation to the proposal had been received. Page 4 of 178 In accordance with the right to speak procedure the Agent addressed the Committee. Resolved: That Application No. 19/00725/FUL be granted, subject to the following conditions, with delegated authority being granted to the Development Control Manager to further amend condition (09) to ensure its effectiveness:- (01) The development hereby permitted shall be begun not later than the expiration of three years beginning with the date of this permission. (Reason: To limit the duration of the permission in accordance with the provisions of Sections 91-96 of the Town and Country Planning Act, 1990.) (02) The development hereby permitted shall not be carried out other than in complete accordance with the approved plans and specifications as set out on Luton Borough Council plan and document numbers DC01, DC02, DC03, DC04, 12234 R01B, 12234 R02A, 160525-1100-P4, 160525-1150- P3, 160525-1200-P2, 160525-1201-P1, 160525-1300-P2, 160525-1301- P2, 160525-1400-P3, 160525-1401-P2, 160525-1402-P2, 160525-1500- P2, 160525-1501-P1, 8757-0050B, 8757W0006B, RSOL1901AL_02, WIE15828-100-R-3-2-1, 1342-01 Rev. A, WIE15828-10-0-R-1-2-1-PERA and WIE15828-10-0-R-2-2-1-GEA. (Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area, in accordance with the objectives of Policies LLP1, LLP2, LLP21, LLP25, LLP31, LLP32, LLP36, LLP37 and LLP38 of the Luton Local Plan 2011-2031.) (03) Before the development hereby permitted is commenced, the developer will complete a desktop study to establish whether the site is potentially contaminated. The desktop study shall be submitted to the Local Planning Authority for consideration in consultation with the Environment Agency and the Council's Environmental Health Service and no development shall take place on the site until the Local Planning Authority has formally discharged this condition. (Reason: To protect human health and to ensure that no future investigation is required under Part 2A of the Environmental Protection Act 1990.) (04) Pursuant to the satisfactory discharge of condition three and, if the desktop study required by that condition has so indicated, an intrusive soil investigation shall be undertaken to assess the degree and nature of any contamination present, and to determine its potential for pollution of the water environment and risk to other receptors via a qualitative risk assessment. The method and extent of the investigation shall be agreed with the Local Planning Authority in consultation with the Environment Agency and the Council's Environmental Health Service beforehand and the investigation shall be undertaken prior to the commencement of the development.