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Planning Committee - Monday 20th January, 2025 7.00 pm

January 27, 2025 View on council website  Watch video of meeting  Watch video of meeting or read trancript
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Summary

The meeting decided on five planning applications. One tree felling application was deferred to the next meeting, and two applications for a site in East Finchley were also deferred. Councillor Claire Farrier, chair of the committee, paid tribute to Councillor Eva Greenspan, who died the previous week.

112D Park Road, East Barnet

The committee considered an application to demolish a detached bungalow at 112D Park Road and build two, two-storey houses in its place, with rooms in the roof. The application, which had been deferred from the last meeting, was recommended for refusal by officers on the grounds that the new houses would be out of keeping with the prevailing pattern of development in the area. The officers argued that the plots would be materially narrower than neighbouring properties and the two new houses would appear cramped in comparison to other properties on the road. The committee voted unanimously against the officer recommendation of refusal and instead resolved to approve the application on the basis that they did not believe that the proposal would harm the character of the area, and that:

the properties would be a benefit to East Barnet and the housing they provided would be of sufficient quality.

The committee imposed the conditions suggested by officers in their report, should the application be approved.

10 Wentworth Avenue, West Finchley

The committee considered an application to convert a detached house at 10 Wentworth Avenue into four flats. The proposal sought to amend a previously approved scheme that had been granted at appeal, by removing the basement level and increasing the size of the single storey rear extension. Two local residents, Nick Williams of 39 Wentworth Park and Veranda Van Meyer of Wentworth Avenue, spoke against the application. Both argued that the development was out of character with the area and represented an overdevelopment of the site. They also raised concerns about flooding, parking and the loss of green space. Helen B Simmons also submitted a statement against the proposal. The agent for the applicant, Joel Gray, argued that the changes made to the approved scheme represented a significant improvement to the development. The committee approved the application noting that it did improve the extant scheme.

Land adjacent to Hendon Hall Court, Hendon

The committee considered an application to build three two-storey houses, with basement levels and rooms in the roofspace, on land adjacent to Hendon Hall Court. The site sits on the junction of the A1 and Parsons Street. The proposal was recommended for refusal by officers for two reasons. Firstly, the officers argued that the location of Plot 11 would create an uncharacteristic form of development, extending the built form in front of Hendon Hall Court. Secondly, they argued that the application lacked sufficient information to demonstrate that the development would be safe from flooding.

Planning applications that propose to build multiple units on a site often divide the site into multiple 'plots' so that the proposed buildings can be discussed and considered individually. In this case, 'Plot 1' refers to one of the three proposed houses.

Jonathan Tesla, a leaseholder of 1 Garrick Drive, spoke in favour of the application. He argued that the site had been derelict for many years and that the development would be beneficial to the area. He disputed the concerns about flooding, saying that he had never seen any flooding in the area in 18 years. He argued that the proposed layout of the development would:

actually blend in [with] the two [houses at] one [Garrick Drive].

Mary Dueck, a resident of Hendon Hall Court, submitted a statement against the proposal, raising concerns about overdevelopment, flooding, the loss of trees and the impact on wildlife. The agent for the applicant, Phillip Taylor, said that he was:

fully supportive of Barnet Council

and that the development would help the council to meet its housing targets. He argued that the proposal had been carefully designed, with the gap between Plots 1 and 3 enabling views from the flats to remain unimpaired. He also argued that the site was previously developed land and that the application had been submitted in June 2023 and had had to wait 18 months to be heard. The committee ultimately decided to refuse the application, upholding the officer's recommendation.

96 Audley Road, West Hendon

The committee considered an application to demolish a detached house at 96 Audley Road and build a two-storey block of seven flats in its place with rooms in the roofspace and a lower ground floor. The application had previously been deferred to allow the applicant to make amendments to their proposal. Two local residents, Azra Siddiqui of 121 Audley Road and James Kwashi of 109 Audley Road, spoke against the application. Mrs Siddiqui said that residents were strongly opposed to the development and that there had been 173 letters of objection and a petition of 213 signatures. She argued that the development would be an overdevelopment of the site and raised concerns about water pressure, traffic and parking, the size of the windows in the proposed building, and noise and disturbance. She also said that residents believed that the existing house, which was built in the Edwardian style, should be preserved and that they had written to Historic England to try and get the building listed. Mr Kwashi argued that the proposal would lead to an increase in Houses in Multiple Occupation (HMOs)2 in the area, which he said would be detrimental to the character of the neighbourhood. He also raised concerns about parking and fly-tipping. Councillor Rishikesh Chakraborty, a ward councillor for West Hendon, also submitted a statement objecting to the application.

A House in Multiple Occupation, or HMO, is a property rented out by at least 3 people who are not from 1 'household' (for example a family) but share facilities like the bathroom and kitchen. HMOs are subject to additional regulations and licensing conditions, particularly if they have more than five occupants.

The agent for the applicant, James Cohen, said that the development would provide much-needed family housing and that all the proposed flats were two-bedrooms or larger. He said that the objections to the development were not:

grounded [in] planning law [or] policy

and that he was:

deeply frustrat[ed]

that his clients had been hindered by persistent objections based on residents' resistance to change. The committee approved the application, subject to a Section 106 agreement3 and a number of conditions.

Section 106 agreements are legal agreements between local authorities and developers that are linked to planning permissions. These agreements are often used to mitigate the impact of new developments. In this case, the Section 106 agreement would be used to prevent residents of the new development from obtaining on-street parking permits. They are sometimes referred to as 'planning gain' agreements.

94 Kingsley Way, Garden Suburb

The committee considered an application to fell a protected Oak tree (T7 on the applicant's plan) located in the rear garden of 94 Kingsley Way. The application was submitted by Property Risk Inspection, acting as agents for the owners of Abington House, Emmott Close. The agents argued that the tree was causing subsidence to Abington House and that its removal was necessary to ensure the long-term stability of the building. They stated that the estimated cost of repairing the damage to Abington House would be £40,000 if the tree were removed but £150,000 if it were retained. The council officers accepted that the tree's roots were contributing to subsidence at the property and stated that the tree had an amenity value of £8,458.80. However, they also noted that the property, which was built in the 1930s, predates the planting of the oak tree and may have deficient foundations that are contributing to the subsidence. They stated that if consent were refused the council may be liable to pay compensation to the owners of Abington House for the additional costs of repairing the building if the tree were retained. The committee deferred making a decision on the application.