Minutes:
PART 2 (CONFIDENTIAL)
The Chair moved and it was
RESOLVED: That under Section 100 (a) (4) and Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended), the public and press be excluded from the meeting for the following Item of Business because it involves the likely disclosure of exempt information relating to the financial or business affairs of any particular person (including the Authority holding that information) and it is considered that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
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7 Open Space at Rear Of 115-137 Sutherland Avenue London W9 2QJ
T5 1x London Plane: Fell
TG1 2x London Planes: Fell
The presenting officer tabled the following updated conditions and reasons for refusal and decision notice.
PLANNING APPLICATIONS SUB-COMMITTEE – 27.04.2021
ITEM 7 - OPEN SPACE AT REAR OF, 115-137 SUTHERLAND AVENUE, LONDON, W9 2QJ
Since the Sub-Committee reports were published, the new City Plan 2019 - 2040 was adopted at Full Council on 21 April 2021. Therefore, in accordance with s.38 of the Planning and Compulsory Purchase Act 2004, it comprises the development plan for Westminster in combination with the London Plan adopted in March 2021 and, where relevant, neighbourhood plans covering specific parts of the city. As set out in s.38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 49 of the NPPF, the application must be determined in accordance with the development plan, unless material considerations indicate otherwise. The new City Plan 2019-2040 has replaced the Unitary Development Plan 2007 and 2016 City Plan, and as a result the reasons for conditions/reasons for refusal have been updated in the attached draft decision notice to reflect the adoption of the City Plan.
Recommendation: Refuse consent
Reasons for refusal:
1. Removal of T5 and TG1 on the grounds of damage to the property at 119 Sutherland Avenue is not considered to be justified. Insufficient evidence has been provided to demonstrate that T5 and TG1 are the cause of the damage.
2. The removal of the trees which are protected by a Tree Preservation Order would be detrimental to amenity, and would have an adverse effect on the character and appearance of the Maida Vale Conservation Area, thereby contrary to policies S25 and S38 of Westminster's City Plan (November 2016), and ENV 16 and DES 9 of our Unitary Development Plan that we adopted in January 2007 and Policies 34 and 38 of the City Plan 2019-2040 (April 2021).
RESOLVED UNANIMOUSLY:
Agreed to refuse permission on the amended reasons for refusal as set out above with the following amendment to remove reference to the UDP and 2016 City Plan.
1. Reason: Removal of T5 and TG1 on the grounds of damage to the property at 119 Sutherland Avenue is not considered to be justified. Insufficient evidence has been provided to demonstrate that T5 and TG1 are the cause of the damage.
2. Reason: The removal of the trees which are protected by a Tree Preservation Order would be detrimental to amenity, and would have an adverse effect on the character and appearance of the Maida Vale Conservation Area, thereby contrary to Policies 34 and 38 of the City Plan 2019-2040 (April 2021).