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Venue: Livery Hall - Guildhall

Contact: Gemma Stokley
tel. no.: 020 7332 3414  Email: gemma.stokley@cityoflondon.gov.uk

Items
No. Item

1.

Apologies

Minutes:

Apologies for absence were received from Rehana Ameer, Henry Colthurst, Peter Dunphy, Tracey Graham, Christopher Hill, Alderman Robert Hughes-Penney, Deputy Jamie Ingham Clark, Andrew Mayer, Deputy Brian Mooney, Sylvia Moys, William Upton QC and Alderman Sir David Wootton.

 ...  view the full minutes text for item 1.

2.

Members' Declarations under the Code of Conduct in respect of items on the agenda

Minutes:

Oliver Lodge declared a non-pecuniary interest in relation to agenda Item 6 (8 Paternoster Row, London, EC4M 7DX) and stated that he did not intend to participate in any debate or vote on this item on the basis of views he had already expressed on the matter in written correspondence to Officers which indicated that his views were pre-determined.

 ...  view the full minutes text for item 2.

3.

Minutes pdf icon PDF 141 KB

To agree the public minutes and summary of the meeting held on 18 February 2020.

 ...  view the full agenda text for item 3.

Minutes:

The Committee considered the public minutes and summary of the meeting held on 18 February 2020.

 

MATTERS ARISING

Terms of Reference and Frequency of Meetings (page 4) – A Member spoke to ask that some additional points made by himself and another Member were added to the minutes under this item on the basis that he considered to be as, or more, important than some of those already recorded.

 

He asked that, ahead of the MOTION set out on page 4, the following words be added after the sentence ending …”decisions on major projects”:

“She added that the advantage of a Committee having all Wards represented was to make it more difficult for a group of influential members to dominate decision making in the Corporation. She explained that this protection was very limited, because only 20% of Members represented residential wards, whose interests were typically different from those of other Wards, but she believed it was better than nothing, and without it she would not now be addressing this Committee”.

 

He went on to request that the last sentence of the penultimate paragraph on page 6 be amended to read: “With reference to the Governance Review, the Member stated that he believed that this was likely to delay this decision unnecessarily and that the simplicity of this proposal would mean that it could be made now. In response to the Alderman who suggested that all Committees would be Ward Committees if all wards were to be represented, the Member pointed out that ward representation was only important on Committees that had the most important functions, which the Ward Committees generally had. In response to the Member who advocated that the Planning Committee should cease to be a Ward Committee because of prejudice and predetermination on the part of resident councillors,

 ...  view the full minutes text for item 3.

4.

PUBLIC MINUTES OF THE LOCAL PLANS SUB COMMITTEE pdf icon PDF 95 KB

To receive the draft public minutes and summary of the Sub-Committee meeting held on 10 February 2020.

 

 ...  view the full agenda text for item 4.

Minutes:

The Committee received the draft public minutes od the Local Plans Sub-Committee meeting held on 10 February 2020.

 

RECEIVED.

 ...  view the full minutes text for item 4.

5.

OUTSTANDING ACTIONS pdf icon PDF 54 KB

Report of the Town Clerk.

 ...  view the full agenda text for item 5.

Minutes:

The Committee received a report of the Town Clerk detailing the Committee’s outstanding actions.

 

Daylight/Sunlight

A Member questioned whether there would be further training provided on this and other relevant planning matters going forward. She stated that she was aware that other local authorities offered more extensive training and induction for Planning Committee members and also requested that those sitting on the Planning Committee signed dispensations stating that they had received adequate training. She added that she felt very strongly on this point and requested that it be included as a separate action point going forward.

 

The Chair was supportive of this suggestion and asked that the relevant Chief Officers consider how best to take this forward. He also highlighted that the request from the Town Clerk to all Ward Deputies seeking their nominations on to Ward Committees states that Members of the Planning & Transportation Committee are expected to undertake regular training and potential Members are asked to consider this before putting themselves forward.

 

An Alderman highlighted that training was also available to Members through the Local Government Association.

 

RECEIVED.

 

 

 

 ...  view the full minutes text for item 5.

6.

8 PATERNOSTER ROW, LONDON, EC4M 7DX pdf icon PDF 2 MB

Report of the Chief Planning Officer and Development Director.

 ...  view the full agenda text for item 6.

Minutes:

The Committee considered a report of the Chief Planning Officer and Development Director relative to an application for a change of use at ground and basement levels from retail (Class A1) to a restaurant and hot food takeaway (Sui Generis) (147 sq.m GIA) and external alterations comprising the installation of air-intake and extract louvres to the existing shopfront fascia at 8 Paternoster Row, London, EC4M 7DX.

 

The Chief Planning Officer and Development Director highlighted that the report had been brought to Committee partly due to the concerns expressed by Mr Lodge.

 

The Committee were shown proposed plans for both the basement and ground floor levels with the Chief Planning Officer and Development Director highlighting that the basement level would be used primarily for the preparation of food and would require plant in order to be serviced, with the ground floor level used for food preparation but also incorporating a servery and coffee station and seating area.

 

The Chief Planning Officer and Development Director underlined that the applicant had looked very closely at existing ventilation ducts at the premises and had demonstrated that it would not be possible to extract upwards to roof level. The proposed extraction system was state of the art and had been designed to minimise odours. Officers were therefore of the view that the insertion of louvres in the shopfront to extract at street level would be appropriate and recommended the application for approval.

 

A Member commented that he had attended the site visit yesterday and noted that the premises adjacent tot his already had similar arrangements in place. He commented that, when standing underneath the louvre in the adjacent premises, it was possible to feel air blowing downwards and also to smell food odours. With this in mind, he questioned whether it might be possible to

 ...  view the full minutes text for item 6.

7.

120 Fenchurch Street Rooftop Garden - Weekend opening pdf icon PDF 110 KB

Report of the Chief Planning Officer and Development Director.

 ...  view the full agenda text for item 7.

Additional documents:

Minutes:

The Committee considered a report of the Chief Planning Officer and Development Director recommending that Members determine the Roof Garden should open at weekends during both the Summer and Winter seasons (10am-5pm) and consider whether it would be acceptable for the closing time to be reduced from 9pm to 8pm on Monday-Friday during the summer period.

 

The Chief Planning Officer and Development Director reported that the Rooftop Garden offering had been enormously successful to date. A trial of weekend opening of the space had seen visitor numbers increase during the trial period and had proved that weekend opening was worthwhile and could be provided at reasonable cost. The approval of the continuation of weekend opening (from 10am – 5pm) would make the Rooftop Garden a seven day a week attraction.

 

In terms of weekday openings, Members were informed that figures provided by the applicant demonstrated that visitor numbers dropped between 8pm-9pm Monday – Friday and accounted for only 2% of visitor numbers throughout the day. The applicant was therefore suggesting that they would be content to reduce weekday openings to a terminal hour of 8pm.

 

The Chief Planning Officer and Development Director highlighted that the recommendation, as set out, would require an amendment to the existing Section 106 agreement if approved.

 

A Member commented that he had reviewed TripAdvisor accounts of the space which were testimony to the huge success of the offering to date. He added, however, that he felt that the costs provided by applicant for managing and maintaining the garden were overstated.

 

Another Member highlighted that it was worth noting that visitor numbers increased as the weekend opening trial progressed and more and more people became aware of the offering. She stated that she was therefore in support of opening the space from 10am-5pm at weekends during

 ...  view the full minutes text for item 7.

8.

Building Control Charges Report pdf icon PDF 80 KB

Report of the Director of the Built Environment.

 ...  view the full agenda text for item 8.

Additional documents:

Minutes:

The Committee considered a report of the Director of the Built Environment seeking approval to increase the existing fees and charges for services users of the District Surveyors, Building Control Service.

 

The District Surveyor spoke to confirm that the proposed increase was to cover the services provided and that this was to remain a cost neutral service with no profit permitted. He clarified that the sums proposed amounted to a 5% increase on the charges previously approved by this Committee in 2018 and were intended to take account of inflation. He reported that the District Surveyors Building Control Division was a very busy team, working on complex buildings and that the cost of their services was set competitively.

 

The District Surveyor concluded by stating that very accurate records were now kept by the Chamberlain detailing the time spent and costs incurred by the team on this work over the past few years.

 

A Member expressed concern that the figures provided within the table detailing Budgetary Performance from 2015-16 to 2019-20 indicated that money was being lost on chargeable work and that a large cumulative deficit now existed. He questioned how these costs would be recovered and whether there was a legal requirement to do so. The Member went on to remark that a similar charging regime existed in licensing and that this was reviewed annually as opposed to every five years, he questioned whether the same approach could therefore be adopted here.

 

The District Surveyor reported that it was a statutory duty of this Committee to oversee these charges and highlighted that they were reviewed annually and reported to the Planning & Transportation Committee. With regard to the budgetary performance figures, the District Surveyor highlighted that the 2016 Brexit referendum vote had led to a temporary but catastrophic lack of applications

 ...  view the full minutes text for item 8.

9.

Electric Vehicle Charging Infrastructure - Action Plan pdf icon PDF 86 KB

Report of the Director of the Built Environment.

 ...  view the full agenda text for item 9.

Additional documents:

Minutes:

The Committee received a report of the Director of the Built Environment providing a forecast of the requirements for charging facilities in the City up to 2025.

 

The Town Clerk tabled a paper detailing the questions (and their responses) raised by members of the Port Health and Environmental Services Committee when they had received the report at their meeting earlier this week.

 

Officers highlighted that the City of London’s response to the recommendations from the Energy Saving Trust’s Electric Vehicle Infrastructure Forecasts report and a timescale for associated actions were set out within Appendix 1 to the report.

 

A Member commented that this was a rapidly changing market and questioned whether money was being spent prematurely on infrastructure that would not be fit for purpose and therefore redundant in the not too distant future. He stressed that a data driven approach to this issue was vital. The Member went on to question whether the installation of charging points was a means to encourage drivers into the City where, at present, over 90% of trips were made on foot. He questioned whether funds would therefore, ultimately, be better spent on continuing to improve the pedestrian environment within the Square Mile.

 

Another Member referred to work to be undertaken with the Electric Vehicle Supply Equipment (EVSE) industry and other stakeholders and suggested that it would be helpful to have an idea of what conversations were currently being had.

 

Other Members echoed the sentiment that technology in this field was advancing rapidly and that the City Corporation needed to be sure that they were investing in the right things and keeping well abreast of where the market here was heading.

 

Another Member questioned whether there was sufficient charging for hybrid vehicles such as taxis in the City. He added that power supply was

 ...  view the full minutes text for item 9.

10.

New approach to address vehicle idling pdf icon PDF 109 KB

Report of the Director of the Built Environment.

 

** N.B: This report has a non-public appendix at Item 24**

 ...  view the full agenda text for item 10.

Minutes:

The Committee considered a report of the Director of the Built Environment proposing the introduction of a Traffic Management Order (TMO) to prohibit unnecessary idling of vehicle engines which would allow for enforcement by Civil Enforcement Officers (CEOs) issuing Penalty Charge Notices (PCNs).

 

Officers explained that these proposals would allow fines of up to £80 to be issued for vehicle idling. Members were made aware that there were some issues around the availability of appropriate signage informing drivers of this but that the City Corporation would continue to lobby the Department for Transport (DfT) on this point. Option 3, as detailed within the report, was recommended for approval – whereby drivers would be issued one warning and then issued with a fine for vehicle idling for a second incident. This would be policed using number plate recognition.

 

A Member questioned how the scheme would operate in relation to hire cars or different drivers of the same vehicle. She added that she had some concerns around legitimate excuses for vehicle idling and also around vulnerable people. Finally, she questioned whether the approach taken in New York City, whereby members of the public were able to film and report vehicle idlers in return for a sum of money had been properly considered.

 

Officers reported that there was no legislation in place at present that would allow the City Corporation to take the approach adopted by NYC.

 

The Deputy Chairman spoke to state that he felt that the Committee should be taking a very hard line on this – vehicle idling was damaging public health and air quality and the City Corporation should therefore be doing everything within its powers to ban this. He added that the Lord Mayor had made this a key priority this civic year and that his

 ...  view the full minutes text for item 10.

11.

City Lighting Programme Update pdf icon PDF 157 KB

Report of the Director of the Built Environment.

 ...  view the full agenda text for item 11.

Minutes:

The Committee received a report of the Department of the Built Environment providing Members with an update on the implementation of the City’s innovative Lighting Strategy approved by the Court of Common Council in October 2018.

 

Officers drew Members’ attention to the significant savings now achieved in terms of both energy consumption and maintenance costs. They also highlighted proposals for further activities in 2021.

 

Members were informed of two night walks scheduled to take place later this month to view the work undertaken so far.

 

Members congratulated Officers on the work undertaken to date. The Chair highlighted that the City’s approach had attracted a lot of national and international interest.

 

A Member questioned whether there were any plans to introduce a limit on the number of square meters per PAR within offices in the City. Officers responded by stating that lighting guidance was already in place but that it was also important to educate and engage with developers on such matters at a very early stage to see real change here. The Policy and Performance Director added that internal lighting specifications were not controlled by planning powers but good practice could be encouraged through the measurement of energy performance as part of BREEAM sustainability assessments which were required to achieve a minimum rating of excellent.  The external lighting of buildings and light spillage to neighbours and the public realm were design policy considerations already addressed in the Local Plan. 

 

Another Member questioned whether Officers could do more to ensure that TfL worked with the City Corporation on programmes such as this to ensure a uniform approach o lighting across the City. Officers underlined that the aim was to develop a pan-London strategy alongside the GLA and other stakeholders, this could also be rolled out to other cities.

 

RESOLVED – That

 ...  view the full minutes text for item 11.

12.

2019/20 Business Plan Update Q3 pdf icon PDF 148 KB

Report of the Director of the Built Environment.

 ...  view the full agenda text for item 12.

Additional documents:

Minutes:

The Committee received a report of the Director of the Built Environment setting out progress made during Q3 of the 2019/20 Departmental Business Plan.

 

RESOLVED – That Members note the report and appendices.

 ...  view the full minutes text for item 12.

13.

Department of the Built Environment Risk Management - Quarterly Report pdf icon PDF 92 KB

Report of the Director of the Built Environment.

 ...  view the full agenda text for item 13.

Additional documents:

Minutes:

The Committee received a report of the Director of the Built Environment providing Members with assurance that risk management procedures in place within the Department of the Built Environment are satisfactory and that they meet the requirements of the Corporate Risk Management Framework.

 

Officers highlighted that the risk score for  DBE – TP – 03 - ‘Major Projects not delivered as TfL funding not received’ had increased from green to amber in the last quarter.

 

Officers went on to talk of a new risk which had arisen since the writing of this report – COVID-19. Members were informed that the Department had recently reviewed its business continuity plans in light of this and that home working options were being explored for all should this prove necessary in the coming weeks. Members were also informed that resilience planning was taking place at a Corporate level and that a COVID-19 Steering Group, led by Assistant Town Clerk Peter Lisley, had also been established to coordinate the City Corporation’s response and ensure colleagues receive appropriate and timely advice.

 

In response to a question around the risk rating for risk DBE-PL-06 – Section 106 controls, moving from Amber to Green, Officers stated that this had been an oversight and would be updated for future reports.

 

RESOLVED – That Members note the report and the actions taken in the Department of the Built Environment to monitor and manage effectively risks arising from the department’s operations.

 ...  view the full minutes text for item 13.

14.

Thames Court Footbridge - Gateway 6 - Outcome Report pdf icon PDF 127 KB

Report of the Director of the Built Environment.

 ...  view the full agenda text for item 14.

Additional documents:

Minutes:

The Committee received a report of the Director of the Built Environment detailing the Outcome of the Thames Court Footbridge project.

 

RESOLVED – That Members approve the content of this Outcome Report and approve that the project be closed, subject to successful verification of the final account by the Chamberlain’s Financial Services Division.

 ...  view the full minutes text for item 14.

15.

Deep Dive: CR21 Air Quality pdf icon PDF 133 KB

Report of the Director of Markets and Consumer Protection.

 

 ...  view the full agenda text for item 15.

Additional documents:

Minutes:

The Committee received a report of the Director of Markets and Consumer Protection providing Members with a ‘Deep Dive’ into CR21, Air Quality.

 

A Member spoke to note, disapprovingly, that this Committee’s efforts around reducing fumes from premises being blown on to pedestrians were not reflected here under efforts to reduce emissions from non-transport sources and questioned why this was the case. He noted that the report stated that the main mechanisms used by the City Corporation for controlling air pollution from non-traffic sources was, amongst other things, planning policy making it very much the business of this Committee.

 

Another Member agreed with this point and questioned the climate consequence of agreeing, as the Committee had done earlier on in this meeting, that a premises may move from retail use to that of a restaurant/take-away. The Member went on to note that one of the aims of the Air Quality Strategy was to ensure that air quality in over 90% of the Square Mile meets the health-based Limit Values and World Health Organisation (WHO) Guidelines for nitrogen dioxide by the beginning of 2025. She questioned, however, what the current figure was here. The Air Quality Manager clarified that 2018 figures indicated that 30% of air quality in the Square Mile met WHO guidelines for nitrogen dioxide. 

 

A Member spoke to state that Air Quality should thread through all areas of the City Corporation’s work with many Departments/Committees having an important role to play here.

 

A Member stated that serious steps needed to be taken by the City Corporation to improve air quality. He suggested that the City should consider setting its own standards around what it deemed acceptable as opposed to simply following WHO guidelines and the like. Another Member disagreed with this point, highlighting that institutions such as the

 ...  view the full minutes text for item 15.

16.

Public Lift Report pdf icon PDF 121 KB

Report of the City Surveyor.

 ...  view the full agenda text for item 16.

Minutes:

The Committee received a report of the City Surveyor providing details of the 4 public escalators/lifts that were in service less than 95% of the time.

 

RECEIVED.

 ...  view the full minutes text for item 16.

17.

Delegated decisions of the Chief Planning Officer and Development Director pdf icon PDF 112 KB

Report of the Chief Planning Officer and Development Director.

 ...  view the full agenda text for item 17.

Minutes:

The Committee received a report of the Chief Planning Officer and Development Director detailing development and advertisement applications determined by the Chief Planning Officer and Development Director or those so authorised under their delegated powers since the report to the last meeting.

 

RECEIVED.

 ...  view the full minutes text for item 17.

18.

Valid planning applications received by Department of the Built Environment pdf icon PDF 66 KB

Report of the Chief Planning Officer and Development Director.

 ...  view the full agenda text for item 18.

Minutes:

The Committee received a report of the Chief Planning Officer and Development Director detailing development applications received by the Department of the Built Environment since the report to the last meeting.

 

RECEIVED.

 ...  view the full minutes text for item 18.

19.

Questions on matters relating to the work of the committee

Minutes:

City Business Population Growth

A Member commented that, whilst he had already raised this matter at yesterday’s Court of Common Council meeting he wished to explore it further here. He noted that the response from the Chair of the Policy and Resources Committee on the matter at Court had been to suggest that future growth be left to Market Forces. However, he stated that he would prefer to see a more proactive approach taken.

 

The Member went on to suggest that he was of the view that planning policy and the conditions attached to large, new developments within the City should also require developers to provide new Open Spaces within the City. He added that there was already a precedent for this which had seen some new buildings built on stilts to allow for the provision of open spaces beneath them. The Member also suggested that there should be a dialogue between the City and neighbouring boroughs to establish a hinterland between the two that could form part of the business community within the Square Mile whilst being of benefit to both.

 

The Policy and Performance Director stated that the Mayor’s London Plan set the broad scale and distribution of future growth across London and this approach has been found sound at the London Plan’s recent public examination.  The London Plan identified the City and its surrounding City Fringe to be important areas for future growth and it was a legal requirement for the City’s Local Plan to be in general conformity with the Mayor’s London Plan.  Therefore the approach in the City’s Local Plan is to use a range of policies to manage successfully the projected intensification including taking steps to ensure that the City streets and open spaces play their part in the City remaining an attractive place

 ...  view the full minutes text for item 19.

20.

Any other Business that the Chairman considers urgent

Minutes:

PUBLIC INQUIRY COSTS, THE TULIP, 20 BURY STREET, EC3A 5AX

The Committee considered a late, tabled, joint report of the Director of the Built Environment and the Chamberlain seeking authorisation to spend approximately £190,000 on the public inquiry for The Tulip, 20 Bury Street, EC3A 5AX, following the steer from the Planning and Transportation Committee at their last meeting that the City Corporation should fund its own participation at the inquiry. 

 

Oliver Lodge indicated that he believed that the proposed barrister was personally known to him and that he would therefore not be participating in this debate or any subsequent vote.

 

A Member spoke against the proposal, highlighting that the majority of these costs would be expended on QCs who were unlikely to provide significantly different advice to that of the applicants own QC. He went on to remark that an estimated £20-30k to cover witness costs also seemed excessive, particularly when the Committee had been informed within a report earlier on on today’s agenda of the funding constraints already existent within the Department of the Built Environment. He proposed that relevant Officers attend the inquiry as witnesses but at no cost.

 

Another Member agreed with the points made and underlined that the Committee had already given a steer that the City Corporation’s involvement in the enquiry should be minimal. He commented that if minimal involvement equated to a spend of £190,000 this was extremely problematic. He concluded by stating that it was hard to imagine that this was a top priority at present.

 

The Deputy Chairman commented that, whilst he had not been in attendance at the last meeting, he had read the minutes, spoken with colleagues about the debate and understood the concerns raised. He added that he, however, fundamentally disagreed with the two previous speakers. He underlined

 ...  view the full minutes text for item 20.

21.

Exclusion of the Public

MOTION – That under Section 100(A) of the Local Government Act 1972, the public be excluded from the meeting for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Part I of the Schedule 12A of the Local Government Act.

 ...  view the full agenda text for item 21.

Minutes:

RESOLVED – That under Section 100(A) of the Local Government Act 1972, the public be excluded from the meeting for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Part I of the Schedule 12A of the Local Government Act.

 

            Item No(s).                                                     Paragraph No(s).

             22 & 23                                                                       3                                 

     24                                                                        3 & 5     

              25 - 26                                                                       -

 ...  view the full minutes text for item 21.

22.

Non-public minutes

To agree the non-public minutes of the meeting held on 18 February 2020.

 ...  view the full agenda text for item 22.

Minutes:

The Committee considered and approved the non-public minutes of the meeting held on 18 February 2020.

 ...  view the full minutes text for item 22.

23.

REPORT OF ACTION TAKEN

Report of the Town Clerk.

 ...  view the full agenda text for item 23.

Minutes:

The Committee received a report of the Town Clerk advising Members of action taken by the Town Clerk in consultation with the Chairman and Deputy Chairman in accordance with Standing Order Nos. 41 (a) and (b).

 ...  view the full minutes text for item 23.

24.

New approach to address vehicle idling - NON-PUBLIC appendix

**Non-Public appendix to public agenda Item 10**

 ...  view the full agenda text for item 24.

Minutes:

The Committee received the non-public appendix to agenda Item 9.

 ...  view the full minutes text for item 24.

25.

Non-Public questions on matters relating to the work of the Committee

Minutes:

There were no questions in the non-public session.

 ...  view the full minutes text for item 25.

26.

Any other business that the Chairman considers urgent and which the committee agrees should be considered whilst the public are excluded

Minutes:

There were no additional, urgent items of business for consideration in the non-public session.

 ...  view the full minutes text for item 26.

 


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