Agenda item

Change of use of first and second floor from retail to residential forming 7 one-bedroom flats, and 1 studio flat, involving a second floor extension, roof terrace at third floor level, remodelling of existing elevations to include new balconies, alterations to form new entrance area at ground floor and associated parking to rear of land at 45, 47, and 47A Albert Road

Recommendation : Approval, subject to a Section 106 Agreement.

Change of use of first and second floor from retail to residential forming 7 one-bedroom flats, and 1 studio flat, involving a second floor extension, roof terrace at third floor level, remodelling of existing elevations to include new balconies, alterations to form new entrance area at ground floor and associated parking to rear of land at 45, 47, and 47A Albert Road.

In accordance with the Council’s constitution a representative of the petitioners supporting the application addressed the meeting.

The petitioner made the following points:-

• The application had been withdrawn on several occasions for amendments to reduce the size of the development.
• The parking provided was over and above that required.
• Parking was to be provided for residents in Albert Road as part of the application.
• This development would improve the are and was needed for the long term future of Yiewsley.
• The application supports the Local Plan with more residential and retained retail.
• The application meets all the Council’s policies.
• The proposed development would not overshadow other properties and property values would be increased not decreased.

A member raised concerns about the future living conditions of future occupiers in regard to the access officer comments.

Officers advised the committee that the units were large enough to enable the design to be changed so that they meet lifetime homes.  There was a condition attached to the permission to ensure this occurs.

It was suggested and agreed that condition 20 be amended to require details to be submitted and approved prior to permission be granted.

A member raised concerns that there was a number of internal areas that had no external windows and asked if the sustainability could be increased to Code level 4. 

Officers advised that to meet Code level 3 that was be sought the applicant would need to show how this would be done.  This would be done by reducing carbon energy use by various means.  Where Code level 3 was not met in areas where there was no natural light the applicant would need to make this up in another way.  This would have to carried through for each unit.

The recommendation with the amendments on the addendum sheet was moved, seconded and on being put to the vote There was 3 in favour of the recommendation and 1 abstention agreed.

Resolved –

a) That the Council enters into an agreement with the applicant under Section 106 of the Town and Country Planning Act 1990 (as amended) and/or Section 278 of the Highways Act 1980 (as amended) and/ or other appropriate legislation to secure:

i) A monetary contribution to mitigate the impact of the development on local educational facilities to the sum of £9,184;

ii) The permanent provision, allocation and unimpeded access to 2 of the car parking spaces to 47 Albert Road and 2 of the parking spaces to 47A Albert Road, at no ongoing cost.

iii) That for the lifetime of the development the use of the land will be controlled to provide that:

·        the car parking spaces are not sold separately from the residential or commercial units and are designated and allocated for their sole use;

·        each car parking space will be permitted to be used only in connection with a specified dwelling or commercial unit;

·        there is and will continue to be unimpeded vehicular access from the highway across all the land required to use the parking spaces so allocated.

iv) That for the lifetime of the development there are landscaping and repair and renewal works to the access road and parking spaces which are carried out to the satisfaction of the local planning authority’s highway officers, and which are comparable to those which would be satisfactory were the access road to have been built out contemporaneously with the permitted development.

b) That in respect of the application for planning permission, the applicant meets the Council's reasonable costs in preparation of the Section 106 Agreement and any abortive work as a result of the agreement not being completed.

c) That officers be authorised to negotiate and agree the detailed terms of the proposed agreement.

d) That if any of the heads of terms set out above have not been agreed and the S106 legal agreement has not been finalised within 6 months of the date of this committee resolution, or any other period deemed appropriate by the Director of Planning and Community Services, then the application may be referred back to the Committee for determination.

e) That subject to the above, the application be deferred for determination by the Director of Planning and Community Services under delegated powers, subject to the completion of the legal agreement under Section 106 of the Town and Country Planning Act 1990 and other appropriate powers with the applicant.

f) That if the application is approved, the conditions and informatives set out in the officer’s report and addendum sheet circulated at the meeting be imposed: