Redevelopment of site to provide 72 residential units with associated access, amenity space, landscaping and car parking, including demolition of existing swimming pool (Outline application with details of access, layout and scale only)
Recommendation :Deed of Variation to S106 Agreement agreed at Committee on 12th October 2010 and 2nd November 2010.
Minutes:
Redevelopment of site to provide 72 residential units with associated access, amenity space, landscaping and car parking, including demolition of existing swimming pool (Outline application with details of access, layout and scale only).
Recommendation 5, third line after the word ‘the’ was amended to read ‘Head of Planning, Sport and Green Spaces’ and after ‘application’ the word ‘may’ was deleted.
Recommendation 6, second line after the word ‘the’ was amended to read ‘Head of Planning, Sport and Green Spaces’.
The recommendation was moved, seconded and on being put to the vote was agreed.
Resolved
1. That the Applicant being the Local Authority and being the only legal entity with an interest in the Land which is the subject of this
application, and hence being unable to enter into a section 106
Agreement with the Local Planning Authority, completes a Statement of Intent to secure the following planning obligations and which shall bind and require any future purchaser of the Council’s interest in the site to enter into a Section 106 Agreement with the Council:
i) The submission of a 10-year Green Travel Plan and that the section 106 agreement is to include a £20,000 bond or a remedial payment measure in the case of a breach. The Travel Plan is to make provision for the inclusion of a car club if it is deemed viable.
ii) At least 11% of the scheme is to be delivered as affordable housing. The final tenure and mix is to be agreed with the Council’s Housing department.
iii) A contribution of £212,005 towards local education facilities.
iv) A contribution of £28,717.44 towards Health and Social Care.
v) A contribution of £20,000 towards public realm/town centre
enhancements.
vi) A contribution of £30,000 towards local community facilities.
vii) A contribution of £3,048.41 towards library books and equipment.
viii) A contribution of £5,000 towards air quality monitoring.
ix) A contribution towards construction training for Hillingdon
residents in the sum of £2,500 for every £1 million of construction cost or a construction training scheme to be delivered on site during the construction phase of the development.
x) That the Applicant enters into a section 278 agreement under the High Ways Act 1980 to provide highway improvements to the Botwell Lane/ Church Road junction. Furthermore, that a detailed design and modelling be approved by the Local Planning Authority and Transport for London (if the junction is to be signalised) and that pedestrian crossing facilities on Church Road and Botwell Lane should be provided.
xi) A total of 5% of the total cash contributions secured towards the management and monitoring of the resulting agreement.
xii) The 20 public car parking spaces (identified on drawing no.2009D25/P/04) shall remain available for use by members of the public in perpetuity.
2. That the Applicant meets the Council’s reasonable costs in the
preparation of the Statement of Intent and any abortive work as a result of the agreement not being completed.
3. The purchaser of the Council’s interest in the land is to meet the
Council’s reasonable costs in the preparation of the section 106
agreement and any other agreements and any abortive work as a result of the agreement not being completed.
4. That officers be authorised to negotiate and agree the detailed terms of the proposed agreement.
5. That if the section 106 agreement is not finalised within a period of 12 months from the date of this committee resolution, or any other period deemed appropriate by the Head of Planning, Sport and Green Spaces, then the application be referred back to the Committee for determination.
6. That subject to the above, the application be deferred for determination by the Head of Planning, Sport and Green Spaces under delegated powers.
7. That if the application is approved, it be subject to the conditions and informatives agreed by the Central and South Planning Committee on 12 October 2010 (detailed in the Committee report, addendum and minutes) and attached to this report and the following condition 50 as approved by the 2nd of November 2010 committee being:
50) The shared access way and access through the public car park to the private ground level parking (identified on drawing no.2009D25/P/01) shall remain available to occupiers and visitors of the development in perpetuity.
Reason:
To ensure appropriate access to the site is retained in perpetuity in the
interest of highway, pedestrian safety and access for future occupiers to
their residential car park in compliance with Policies AM2 and AM7 of
the UDP.
Supporting documents:
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