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Committee Ref COMMITTEE REF: REF: DCC/05A/20 NOTICE OF MEETING COMMITTEE : DEVELOPMENT CONTROL COMMITTEE DATE : THURSDAY, 28 MAY 2020 TIME : 17:00 PLACE : VIRTUAL MEETING VIA *SKYPE , COUNCILLORS: TAYLOR (CHAIR) FRANKS AGBLEY (VICE CHAIR) A. HUSSAIN ALI M. HUSSAIN BRIDGEN RIVERS CAMPBELL ROCHE DONELON QUORUM : 3 MEMBERS Eunice Lewis (01582 547149) Email [email protected] Skype Meeting Link 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 *SKYPE: During the Covid 19 emergency period, this meeting will take place virtually, via Skype. To access the meeting, please click on the link to the meeting above. Page 1 of 187 AGENDA Agenda Subject Page Item No. 1 APOLOGIES FOR ABSENCE 2 MINUTES (TO BE SIGNED IN DUE COURSE) 1. Minutes - 6th May 2020 4 - 16 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. 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 Page 2 of 187 7 MANOR COURT, MANOR ROAD, LUTON 17 - 27 (Report of the Head of Development Management) 8 BARNFIELD COLLEGE (OUTLINE RESIDENTIAL 28 - 65 APPLICATION), NEW BEDFORD ROAD, LUTON (Report of the Head of Development Management) 9 BARNFIELD COLLEGE (FULL REDEVELOPMENT 66 - 106 APPLICATION), NEW BEDFORD ROAD, LUTON (Report of the Head of Development Management) Deposited Plans and Applications for Planning Permission and Other Proposals (Development Control Manager Report): 10 DEPOSITED PLANS & APPLICATIONS FOR 107 - 107 PLANNING PERMISSION AND OTHER PROPOSALS (Report of the Head of Development Management) 10.1. 124 CRAWLEY GREEN ROAD, LUTON 108 - 153 (Report of the Head of Development Management) 10.2. MORRIS CLOSE AND NORTHWELL DRIVE, 154 - 168 LUTON (Report of the Head of Development Management) 10.3. WOODBURY, WOODBURY HILL PATH, 169 - 187 LUTON (Report of the Head of Development Management) 11 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 187 AGENDA ITEM 2.1 DEVELOPMENT CONTROL COMMITTEE 6th May 2020 at 6.00 P.M. PRESENT: Councillor D. Taylor (Chair), Councillors Agbley, Ali, Bridgen, Campbell, Donelon, Franks, A. Hussain, M. Hussain, Rivers and Roche. (Note: That due to technical issues, Councillor Agbley (Vice-Chair) Chaired the Committee for Agenda Item 8 only). 35. MINUTES (REF: 2.1) That subject to the inclusion at Minute 34/20 with the following recommendation: “(ix) That notification be put on the Councils Website and Planning Portal that the residents can contact their Local Ward Councillor if they have concerns relating to a particular Planning Application.” the Minutes of the meeting of the Committee held on 26th February 2020 be taken as read, approved as a correct record and signed by the Chair. 36. NO. 7 OLD BEDFORD ROAD, LUTON (REF: 7) The Development Management Officer reported on Application No. 19/01358/FUL submitted by Mr Nehal Patel, Mansee Investments Limited, for planning permission in relation to the erection of a seven storey building comprising of 16 flats, 5 x one bed and 11 x two bed flats at No. 7a Old Bedford Road, Luton. She further reported that 26 properties had been notified of the application, a site notice and a press notice had also been issued. One letter of representation in objection to the proposal had been received. An update to the report was circulated to Members in advance of the meeting. Resolved: i) That Application No. 19/01358/FUL be granted, subject to the conditions and their reasons set out below and reasons for approval as set out in the report, and subject to the satisfactory completion of a s106 agreement which will include a contribution towards the ongoing monitoring of air quality in the area and a post construction review mechanism which will allow the viability of the scheme to be reassessed based on actual costs following the sale/rent of 50% of the dwellings. If there are any improvements in the viability of the scheme following the post construction review, any additional monies will go towards education in the first instance and then affordable housing: Page 4 of 187 (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: 18079SU1.01 Rev C, 18079SU1.02 Rev B, 18079wd2.02 Rev E, 18079wd2.03 Rev E, 18079wd2.04 Rev D, 18079wd2.05 Rev D, 18079wd2.08. (Reason: To ensure a satisfactory standard of development and to safeguard the amenities of the surrounding area.) (03) The construction of the surface and foul water drainage system shall only be carried out in accordance with details to be submitted to the Local Planning Authority in writing for approval before the development is commenced. The system should be based on the flood risk assessment and SuDS Strategy in relation to proposed residential development by Marks Heeley Ltd 11.12.2019 and shall be implemented in full prior to the first occupation of the development hereby approved. (Reason: To prevent an increased risk of flooding and surface and ground water pollution and to be agreed with Affinity Water.) (04) The development hereby approved shall not be commenced until full details of a scheme for mechanical ventilation, to include details of the operating of the system and its maintenance and details of non-opening windows for the ground floor flats, has been submitted to the Local Planning Authority in writing for approval. The scheme thereby approved shall be implemented in full prior to the occupation of any residential unit and maintained for as long as the development remains in existence. (Reason: To ensure a satisfactory living environment is achieved for future occupiers.) (05) Prior to the commencement of the development, a detailed Construction Management Plan (CMP) shall be submitted to the Local Planning Authority in writing for approval , and the plan shall include the following: a) The construction programme and phasing b) Hours of operation, delivery and storage of materials c) Details of any highway works necessary to enable construction to take place d) Parking and Loading arrangements e) Details of hoarding f) Management of traffic to reduce congestion g) Control of Dust and Dirt on the public highway h) Details of consultation and complaint management with local businesses and neighbours i) Waste management proposals j) Mechanisms to deal with environmental impacts such as noise and vibration, air quality and dust, light and odour k) Details of any proposed piling operations, including justification for the Page 5 of 187 proposed piling strategy, a vibration impact assessment and proposed control and mitigation measures All works shall be carried out in accordance with the approved CMP thereafter. (Reason: In the interests of highway safety and control of environmental impacts.) (06) No above ground development shall take place until a scheme for protecting the proposed dwellings from noise from road and rail traffic has been submitted to the Local Planning Authority in writing for approval. The scheme shall follow the recommendations identified in the Spectrum Acoustics report (Ref: PJB8758/19288 rev.1) dated 9th October 2019. None of the dwellings shall be occupied until such a scheme has been implemented in accordance with the approved details, and shown to be effective, and it shall be retained in accordance with those details thereafter. (Reason: To protect the amenity of future occupiers of the development.) (07) Prior to first occupation of any part of the development, refuse and recycling management plan, including management responsibilities and maintenance schedules for all processes and relevant areas, shall be submitted in writing to the Local Planning Authority for approval.
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