Forum Topic

25-Storey Building application granted - then refused!

Tonight at the Ealing Town Hall Planning Committee Meeting, the 25-storey application for the Perfume Factory (140 Wales Farm Road, Acton W3) came on for decision by the 13 Councillors present.  After a full debate, the voting took place. The Chair, Cllr. Steve Hynes, counted the votes as 6 for and 6 against and then used his "casting vote" to vote a second time, making it 7 - 6 in favour of granting planning permission (subject to a legal agreement).The Committee then discussed the next application for a 35-storey development at 2 Portal Way, Acton W3, which was granted.Whilst the Committee was debating the second application, I wrote a note to the Committee Clerk querying the vote on the first application.  Since all the Councillors present on the Committee numbered 13, yet there were only 12 votes counted, I queried where the 13th vote was?  Had there been an abstention perhaps?  The meeting carried on so I wrote another note which I handed to Cllr. Ray Wall (a former Chair) making the same point and he was good enough to read my note out aloud.  On hearing this, the entire Committee started commenting on the "missing" vote and in the end, Cllr. Hynes stated that he wished to have a recount of the voting by all 13 Councillors (including himself).  This time the voting was 7 - 6 AGAINST the development!  Thus, the application was refused.The Committee then discussed reasons for refusal.By this time, the LBE Case Officer (Mr P.Ricketts) and the developers' agent had already gone home believing the application to have been duly granted!Quite a twist to the case!Victor Mishiku  21/2/18The Covenant Movement, Ealing.vmfree@madasafish.com

Victor Mishiku ● 2988d19 Comments

Thank you very much, Jay.May I add some information in respect of the adverse "costs" matter raised by Christina on 23rd February 2018 and mentioned in the last two paragraphs of my posting of 27th February 2018.Normally costs are only awarded against the Council when there has been improper conduct or very poor procedure of some kind causing losses to the other parties.  However, merely opposing an appeal is not, of course, improper!In the 9 - 42 Uxbridge Road, Ealing shops case, the Decision Letter from The Planning Inspectorate of 15th Novemebr 2017 includes the following three explanatory paragraphs numbered 4, 5 & 6:"4. In planning proceedings, the parties are normally expected to meet their own expenses irrespective of the outcome. Costs are only awarded on the grounds of “unreasonable” behaviour, resulting in any wasted or unnecessary expense. Published guidance is in the Government’s Planning Practice Guidance (PPG).5. In the case of planning applications called-in for decision by the Secretary of State under section 77 of the 1990 Act, all the parties involved in such a case are differently placed than they would be at a planning appeal Inquiry. The participation of the parties in a called-in case is primarily to assist the Secretary of State in the process of determining the relevant planning issues. The local planning authority is not defending a decision to refuse planning permission, while the applicants pursuing their application are exercising their right to apply for planning permission.6. In these circumstances, as stated in the guidance at paragraph 034 of the PPG, it is not normally envisaged that a party will be at risk of an award of costs relating to the substance of the case or action taken prior to the application being called-in. However, a party’s failure to comply with the normal procedural requirements of Inquiries, including aborting the process by withdrawing the application without good reason, may risk an award of costs should that amount to unreasonable behaviour."~~~~~~~~~~~~~~~~~~~~~~So it seems that the general position is that an award of costs in favour of the developer is fairly rare, likewise for the Council or the registered Objectors (Rule 6 party) unless there has been unreasonable or improper behaviour.In this very substantial case at 9 - 42 Uxbridge Road, the original developers decided to sell the land and planned to pull out of the case and it seems failed to notify the Council and the Objectors in a timely manner.  The Objectors had in the meantime run up a £20,000 or more bill with a planning barrister (which would have involved much preparatory work no doubt) and they were ready to attend the Hearing  - which was then cancelled at the 11th hour at the request of the developers.Hence, the costs were awarded to the Objectors but Ealing Council apparently failed to make a similar claim!  There is no mention of it in the Costs Decision Letter. Of course, in this instance, the developers and the Council planners were on the same side and likely would have been collaborating with each other!The full Decision can be seen at the Dropbox URL and makes interesting and educational reading:https://www.dropbox.com/preview/Public/Cost%20decision%20SEC%20from%20PINS.pdf?role=personalV.Mishiku  "The Covenant Movement"  1/3/18vmfree@madasafish.com

Victor Mishiku ● 2980d

VOTING:  May I just correct and add to my posting of the other day, it is right that 7 Committee Members voted against the application for the 25-storey building proposed and that the other 5 Members sitting in the same block of seats voted for it, but I omitted to add that the Chair (Cllr. Steve Hynes) sitting separately in the chamber also voted, thus making it 7 - 6 Against as finally recorded (i.e. after the error in thinking that the block's votes had been 6 - 6 to which Cllr. Hynes then chose to use his "casting votes" thus making it 7 - 6 in favour to grant).As Tania guessed, height was not given as a reason for refusal, but I wonder if the second application for the 35-storey building would have been subject to more scrutiny had the first application been refused earlier on (as it should have been)!I am just wondering what would have happened if I had not gone along to hear the Committee debate that night?Would the planning permission have stood as no one else raised the matter and normally interventions from upstairs in the public gallery are met with harsh warnings even threats of eviction from the Town Hall Chamber!  I was not connected to any of the Acton cases myself but whenever I can, I like to attend the Planning Committee Meetings (as I have done frequently during the past 31 years). It so happened that I was seated downstairs next to the Objectors' spokesperson at  his invitation on the night  - I had intended to go upstairs as usual into the public gallery.  The previous Chair of the Planning Committee, Cllr. Karam Mohan, always used to remind the public politely that they were there merely to listen to the proceedings  - not to participate in them.NOTIFICATION:  In one of the other postings, two planning issues were raised about:  the cessation of neighbour notifications by letter (21 days) and the prevention of public speaking. The latter occurred in a case last year (1 Golden Manor, Hanwell) and has been mentioned in the Forum before.I am aware of several cases in Hanwell, Ealing and Acton in Studland Road, Mount Park Crescent, Gibbon Road, Gunnersbury Drive and Kenilworth Road in recent times under the new system of non-notification by letter, where the yellow Public Lamppost Notices have disappeared (assuming that they were affixed in the first place) and even next door neighbours were unaware of the existence of planning applications clearly diminishing the enjoyment and amenity of their homes.That said, even in the days of letter notification, things went wrong.  In Rosemont Road Acton W3, at No.1, originally a private dwellinghouse but in recent times converted into flats including one retained by the Landlord, I believe, two of the existing tenants and occupiers of the building were shocked to find upon returning from Saturday morning shopping that about a dozen ladies & gentleman were walking through their hallway and the rear garden on a formal Planning Member Councillors Site Visit (prior to Committee 4 days later)! The application being to erect a new house in the back garden of the original Victorian property which backed onto Springfield Gardens park and apart from spoiling the leafy open outlook into the park would have affected an entrance passageway making it difficult for one couple with a baby pram being forced to use another route with steps  - about which they knew nothing and had not received any letters!  If such letters were ever sent out by the Planning Department, then it seems that they must have vanished soon after.Fortunately, the backgarden application was refused at the ensuing Committee (even though our Ealing planners thought it to be quite suitable).  A subsequent appeal lodged at The Planning Inspectorate was likewise dismissed.PUBLIC SPEAKING:  As for the very surprising prevention of Public Speaking at Committee in October 2017 on a Hanwell case, I have sent a "Third Stage" complaint to the Chief Executive, Mr Paul Najsarek, about this issue and will post details of it on the Forum later today. It was the first time ever, as far as I know, that a member of the public who had duly registered to speak in accordance with the Council's requirements and attended the Meeting in order to do so, had been prevented from doing so because the developer or his agent apparently telephoned the Council to say that he had been delayed by traffic (and despite the case being put back to allow more time for them to arrive).V.Mishiku  - "The Covenant Movement"  28/2/18vmfree@madasafish.comPS. With apologies to Christina for misspelling her first name.

Victor Mishiku ● 2981d

In answer to Tania's question, so far the Council has only posted up a short note headed "Minutes" stating:"ITEM 01 - The Perfume Factory 140 Wales Farm Road Acton W3 6UG  -  The application was refused"This was posted the following day (22nd Feb) on the Council's Committees' Web page. No reasons are given and in the Council's Application Search facility, the Decision Notice is not even filed yet.  The 7 Committee Members who refused the application discussed the reasons for refusal generally (failure to meet basic space standards, etc) but it was left to the Assistant Chief Planning Officer, Ms Alex Jackson, to finalise the wording of the Decision Notice reasons.Since I wrote my original posting on here, I have received a photograph of the 7 Committee Members voting to refuse the application on the night of 21st February 2018.  I have uploaded the photo onto Dropbox and it can be seen at the following URL:https://www.dropbox.com/preview/Public/IMG_9767.PNG?role=personalI think I am right in saying that the 7 Committee Members voting against were: Cllrs. P.Cogan, D.Martin, N.Sumner, R.Wall, P.Conlan, L.Wall & J.Dabrowska. 5 other Members voted in favour.In Christine's posting, she mentioned about developers suing the Council for appeal costs, but this is a matter for The Planning Inspector concerned in each particular case and it does not follow that suppose an appeal is allowed that the Council must pay costs to the developers.  Normally, it requires some failure of the Council or improper procedure by the Council to attract an adverse award of costs.In a recent case regarding the proposed demolition of the retail shops at 9 - 42 Uxbridge Road, Ealing W5, residents prepared a comprehensive case to fight both the Council and the developers.  Very shortly before the Hearing was due to commence and the residents having spent some £20,000 preparing for it with a barrister's help, the developers sold on the land and the new developers did not want to proceed with the scheme and they withdrew from the impending Hearing.  The Inspector awarded costs to the residents and I believe even got a contribution to a local charity to boot!V.Mishiku  - "The Covenant Movement"  27/2/18vmfree@madasafish.com

Victor Mishiku ● 2982d

This is another shambolic show and just highlights the unprofessionalism of the officers on the night of the planning committee meeting. Three of the most senior planning & legal officers representing the Council apart from the Chair himself are  positioned directly facing the committee who comprise the voting members but none of whom could count to 7 it seems! (7 members having voted against the application).In recent years, another shot in the leg for residents has been the withdrawal of the standard Notification Letter giving 21 days in which neighbours can comment. This was a cost-saving exercise but has caused consternation when as has happened frequently, neighbours have not been aware of applications even next door or have only found out at the last minute.  Another recent worry is regarding freedom of speech where an objector was not able to participate in the due process despite having properly registered to do so. Is this a case of trying to save costs to stifle open debate?The real problem residents have in Ealing is that the planners are not interested in what neighbours may think of developers’ applications. This way if no-one knows that an application has been submitted and pending approval it’s less correspondence that they will need to respond to. You can imagine a quick way in dealing with worried neighbours objecting to planning applications within the borough is not to notify anyone. This ties up with the one-party communist state where dissent was crushed and no-one had a voice to criticise politicians.Will there be a sea-change after the May 2018 Elections or will it get even worse?

Nicolas Ozegovic ● 2985d