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Planning Committee - Wednesday 19th February, 2025 7.00 pm, NEW

February 19, 2025 View on council website  Watch video of meeting  Watch video of meeting or read trancript
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Summary

The Planning Committee (New) of Barnet Council refused an application to fell a protected oak tree at 94 Kingsley Way, an application to build a children's nursery at Fir Island on The Ridgeway in Mill Hill was approved, and applications for the installation of electric vehicle charging points with advertising at 138-142 High Road in East Finchley and 1095-1097 Finchley Road in Golders Green were both approved. The committee also approved an application to build a roof extension to provide new office accommodation at 23 Ravenshurst Avenue in Hendon.

94 Kingsley Way

The committee considered an application to fell a protected oak tree at 94 Kingsley Way. The application was made on behalf of the owners of the property next door, 1-5 Abington House, who claimed that the tree was causing subsidence damage to their building.

The officer's report did not make a recommendation on whether to approve or refuse the application.

The officer explained that the tree was a mature oak, part of the Hampstead Garden Suburb and subject to a Tree Preservation Order (TPO)1. They advised the committee that

The loss of these trees of special amenity value is not justified as a remedy for the alleged subsidence damage on the basis of the information provided.

The applicant's agent, Property Risk Inspection, argued that the tree's roots had been found beneath the foundations of Abington House. They explained that London clay shrinks in summer and expands in winter. They said that the combination of the roots and the seasonal movement of the clay was causing subsidence to the building.

They told the committee that the insurance company had recommended the tree be felled, and that if it was not felled the cost to the council of underpinning Abington House would be in the region of £150,000.

During the discussion, members of the committee raised concerns about the evidence submitted by the applicant. They questioned whether the tree was the primary cause of the subsidence, as other trees had been felled in the rear garden of the property before the application was made. Members also noted that the roots found beneath the foundations were only 1mm in diameter.

The committee heard from a local resident who told them that the residents association were very keen to see the trees in the area retained.

The committee voted to refuse the application.

Fir Island, The Ridgeway, Mill Hill

The committee considered an application to change the use of Fir Island from residential use to a children's nursery, including a single-storey extension to the existing building and associated landscaping. The site is located between Burton Hole Lane and The Ridgeway in Mill Hill.

The officer's report recommended the application for approval.

The officer described the existing site as a large, detached, locally listed building, formerly in use as a dwelling. They told the committee that the building is within the Mill Hill Conservation Area and Metropolitan Green Belt2, but that it was previously developed land, surrounded by other development.

They explained that the applicant, Boys and Girls Nursery, had demonstrated that the site meets the definition of previously developed land in the green belt as set out in the National Planning Policy Framework (NPPF)3.

The officer also explained that the applicant had submitted a nursery needs assessment which demonstrated that there was a need for additional childcare in the area.

Two local residents, Liz Fitzgerald and Zoe Samuelson, both spoke against the application. Both objectors raised concerns about the impact of the development on traffic and parking in the area. They argued that the applicant had not adequately demonstrated that there was a need for a nursery in the area, and they highlighted the impact that the development would have on the businesses along Burton Hole Lane, which include a garden centre and a livery yard.

Ms Samuelson also questioned the validity of the ownership certificate submitted by the applicant. She argued that the applicant did not own all of the land that would be necessary to build a new access road for the nursery, and that this could put the safety of the children using the nursery at risk. The officer responded that this was a civil matter outside the scope of the planning application.

Ms Fitzgerald, who is managing director of a town planning consultancy, argued that the proposed nursery should not be considered previously developed land in the green belt. She argued that the applicant had not demonstrated a demonstrable unmet need for nursery places as defined by the NPPF, and therefore the development would constitute inappropriate development in the Green Belt.

The ward councillor, Councillor Val Lipshitz, also spoke against the application. She told the committee that the area was already heavily congested at peak times, due to the presence of five schools in the area and the new Ridgeway Views development. She also highlighted the lack of parking in the area, which she argued was already causing problems for local residents and businesses.

Councillor Lipshitz said that she had been working with local residents and council officers to improve traffic flow and pedestrian safety in the area, and that the installation of yellow lines had been agreed as the only possible solution to the existing parking problems. She argued that the development would put these measures at risk.

The agent for the applicant, Rhys Harris, responded to the concerns raised by the objectors. He argued that the applicant had demonstrated a clear need for a nursery in the area, and that the development would provide much-needed childcare places for local families.

Mr Harris also addressed the concerns about traffic and parking. He told the committee that the applicant's transport consultants had carried out traffic surveys and capacity analyses, and they had concluded that the development would have a negligible impact on traffic.

He also explained that the nursery would operate a flexible drop-off and pick-up system, which would spread traffic movements throughout the day and avoid the peak-time congestion associated with local schools.

The committee also heard from the applicant's transport consultant, Nathan Hanks, who explained in more detail the arrangements for parking. He said that the applicant had surveyed other nurseries in similar locations and had calculated that the eight parking spaces proposed would be more than sufficient to meet the demand.

Mr Hanks also explained that the council's highways officers had agreed that the drop-off and pick-up area would be adequate, and that there would be no need for parents to stop on the street.

During the discussion, members of the committee raised concerns about the number of parking spaces proposed for the development, in particular for the 22 members of staff that would be employed at the nursery. Mr Hanks responded that the nursery was encouraging staff to use sustainable transport, and that parking restrictions in the area would discourage staff from driving to work.

Councillor Dean Cohen questioned this approach, arguing that nobody in Mill Hill walks their children to nurseries.

The committee also heard from the officer that the applicant had provided an undertaking to deliver a number of off-site highway improvements, including a new footway along Burtonhole Lane, a widening of the footway along The Ridgeway, and a pelican crossing on The Ridgeway.

The committee voted to approve the application.

138-142 High Road, East Finchley

The committee considered two applications, an application for planning permission (Ref. 24/4221/FUL) and a linked application for advertising consent (Ref. 24/4222/ADV), for the installation of an electric vehicle charging point (EVCP) with advertising on a buildout in an existing parking bay outside 138-142 High Road.

The officer's reports recommended both applications for approval.

The officer explained that the site was on a busy road, in a commercial and retail area. They told the committee that the proposal had been amended following concerns raised by Councillor Arjun Mittra. The unit had originally been proposed for installation on the pavement, but it had been relocated into the parking bay following Councillor Mittra's representation.

The officer also explained that JOLT, the applicant, had already installed 42 chargers across the borough, with a further 14 in the pipeline.

The committee heard from two local residents, Mary Hogben and Roger Chapman, who both spoke against the applications. Both objectors raised concerns about the impact of the development on the character and appearance of the area, and they argued that the advertising screen was unnecessary and would contribute to visual clutter.

Ms Hogben, who is a member of the Finchley Society, argued that the site was inappropriate for an EVCP. She told the committee that the parking bay was regularly used by both the Finchley Youth Theatre, which is next door to the site, and by the grocery shop at 142 High Road. She argued that the EVCP would obstruct access to both of these businesses.

Ms Hogben also raised concerns about the number of advertising screens already present in the town centre. She said that the high street already had six large advertising screens, and she argued that it could not absorb any more.

She also argued that JOLT had a history of disregarding both Transport for London (TfL)4 safety requirements and the conditions attached to planning approvals. She cited an example of a JOLT unit in North Finchley, which she said had been wrapped in a layer of dark blue material and transformed into a static advertising display, in breach of its planning approval.

Mr Chapman, a member of the East Finchley Town Team, told the committee that he was not against EVCPs, but he argued that this was the wrong location for one. He said that the area was already cluttered with street furniture, and that the EVCP would make this worse.

Mr Chapman also argued that the proposed development was primarily an advertising panel with a secondary function of an electric vehicle charging. He said that the East Finchley Town Team supported EVCPs, but that they felt the advertising screen was inappropriate in size and scale.

The agent for the applicant, Patrick Thomas, responded to the concerns raised by the objectors. He argued that JOLT had carefully assessed the suitability of the site and had worked with multiple council departments, including highways, town centres and streetscene, to ensure that the development was appropriate.

Mr Thomas also addressed the concerns about road safety. He told the committee that the site had been reviewed three times by highways officers, and that an independent road safety assessment had also been carried out. All of these assessments had concluded that the development would not pose any road safety risks.

Mr Thomas also explained that the majority of JOLT customers used the mobile charging app, which offers 15 minutes of free charging. This meant that drivers were only likely to use the pay terminal, which is located on the roadside, for a small proportion of charges.

He also argued that the proposal would bring economic benefits to the area, and he highlighted JOLT's commitment to supporting local businesses through its free advertising initiative.

During the discussion, the chair of the committee questioned whether JOLT had consulted with ward councillors about the proposed development. Mr Thomas responded that a Section 17 notice had been displayed on the site, which he said constituted a consultation process. The chair disagreed, arguing that a Section 17 notice is simply a notification of a planning application and not a consultation in itself.

Councillor Cohen argued that the lack of consultation with ward councillors was a concern, and he said that he believed that consultation needs to happen [with] directly affected businesses or residents.

Mr Thomas accepted that JOLT should have consulted more widely on the proposed location for the EVCP. He promised that JOLT would directly engage with all councillors and local businesses in the future.

The committee voted to approve both applications.

1095-1097 Finchley Road, Golders Green

The committee considered two applications, an application for planning permission (Ref. OS 1095-1097 Finchley Road FUL) and a linked application for advertising consent (Ref. OS 1095-1097 Finchley Road ADV), for the installation of an EVCP with advertising outside 1095-1097 Finchley Road.

The officer's reports recommended both applications for approval.

The officer explained that the site was on a busy road, in a commercial and retail area, and that it was not located within a conservation area. They told the committee that the EVCP was proposed for installation on the pavement, with a supporting feeder pillar placed nearby.

The officer also explained that there were a number of similar examples of EVCPs with advertising screens along Finchley Road, and that officers were satisfied that there was sufficient visual separation between each unit.

Two local residents, Barry Siltman and Michael Strom, spoke against the applications. Both objectors raised concerns about the loss of parking that would result from the development, and they argued that the advertising screen would have a negative impact on the visual amenity of the area.

Mr Strom argued that the proposed development would be a crying shame for the beautiful character of the high street. He pointed out that the officer's report only referred to three curbside advertising screens in the vicinity of the site, but he said that there were in fact six advertising hoardings within a short distance of the proposed location for the EVCP.

Mr Siltman, who is a partner in the kosher supermarket Moshers Food & Wine, told the committee that the development would have a devastating effect on his business. He said that the parking spaces outside his shop were already vastly oversubscribed, and that the loss of a parking space would make it simply impossible for customers to shop at his supermarket.

Mr Siltman also raised concerns about the safety of pedestrians crossing the road, due to the presence of a bus stop opposite the site.

The agent for the applicant, Patrick Thomas, responded to the concerns raised by the objectors. He argued that JOLT had carefully assessed the suitability of the site and had concluded that the location was appropriate.

Mr Thomas also explained that the application was for a charging unit only, and that there would be no loss of a parking bay. He said that any future bay demarcation would be subject to a separate traffic management order.

He also argued that the EVCP would bring economic benefits to the area, and he highlighted JOLT's commitment to supporting local businesses through its free advertising initiative.

Councillor Dean Cohen argued that the lack of consultation with local residents and businesses was a concern.

Mr Thomas accepted that JOLT should have consulted more widely on the proposed location for the EVCP, and he promised to consult with ward councillors and local businesses in future.

During the discussion, members of the committee raised concerns about the number of parking spaces proposed for the development, in particular for the 22 members of staff that would be employed at the nursery.

Mr Thomas responded that the nursery was encouraging staff to use sustainable transport, and that parking restrictions in the area would discourage staff from driving to work.

Councillor Dean Cohen questioned this approach, arguing that large numbers of customers to the shops in the parade used seven-seater vehicles and could not afford to purchase electric seven-seater vehicles.

The committee also heard from the officer that JOLT had already installed 42 EVCPs in the borough, 32 of which had been designated as electric vehicle charging only parking bays.

The committee voted to approve both applications.

23 Ravenshurst Avenue, Hendon

The committee considered an application to build a roof extension to 23 Ravenshurst Avenue to provide new office accommodation.

The officer's report recommended approval of the application, subject to the completion of a Section 106 agreement to mitigate the highways impacts of the development.

The officer explained that the site was located in a residential area, but that the building was currently in use as an office by the charity JCounselling. They told the committee that the applicant wanted to extend the existing office to provide additional office accommodation and counselling rooms.

They explained that the proposal would effectively double the existing office floor space, and that the extension had been designed to be sympathetic to the existing building.

The officer also told the committee that the application had been called in by the ward councillor, Councillor Joshua Conway, who had raised concerns about the hours of use and parking at the site.

The committee heard from the applicant's agent, Emily Benedict, who argued that the development would provide much-needed additional space for JCounselling, which provides vital services for the local Jewish community. She also highlighted the fact that the building had been in use as an office for a number of years without any complaints from neighbours.

Ms Benedict asked the committee to amend the conditions and the Section 106 agreement attached to the officer's recommendation. She argued that the proposed restrictions on the opening hours of the premises would make it difficult for JCounselling to provide its services, and she also argued that the proposed restriction on the number of parking permits available to the charity would make it difficult for staff and clients to access the building.

During the discussion, members of the committee raised concerns about the potential impact of the development on the amenities of neighbouring residents.

The officer explained that they had attached conditions to the officer's recommendation to mitigate the impact of the development. Condition 11 restricted the opening hours of the premises, but allowed JCounselling to continue to operate at its existing hours. Condition 11 also required JCounselling to maintain a register of all attendees at the site, to ensure that the condition on opening hours could be enforced.

The officer explained that the Section 106 agreement sought to mitigate the highways impacts of the development by restricting future occupants of the building from obtaining parking permits.

Following a discussion, the committee voted to approve the application, subject to an amended Section 106 agreement and amended conditions. The amended Section 106 agreement did not include a restriction on the number of parking permits available to the charity, and the amended Condition 11 did not require JCounselling to maintain a register of attendees at the site.


  1. A Tree Preservation Order is made by a local planning authority to protect specific trees or a particular woodland from deliberate damage and destruction. Once a TPO is made it is a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a protected tree without the local planning authority’s permission. 

  2. The Metropolitan Green Belt is a policy for controlling urban growth. It is a ring of land surrounding London where urbanisation will be resisted. 

  3. The NPPF sets out the government's planning policies for England and how these are expected to be applied. It is used by local planning authorities to determine planning applications. 

  4. Transport for London is the local government body responsible for the transport system in Greater London.