Agenda item

Change of use from Sui Generis use (Builders Merchants yard etc) to Use Class A1 (Shops) at No. 6 & 12 and to Use Class B (Office) at No. 8 & 10 at ground floor, associated new shop fronts and alterations to elevations

Recommendation : Approval, subject to a Section 106 Agreement.

Demolition of existing building and erection of a new mixed-use development comprising of 136sq.m of Class B1 (Business) floorspace at ground level with 13 residential flats (7 two-bedroom, 5 one-bedroom and 1 studio) above, together with parking for 12 vehicles within an undercroft car park and access off Blyth Road 18/11/2009

62528/APP/2009/2502

In answer to an issue raised in relation to whether Code level 3 in regards to energy reduction was sufficient, officers advised that the applicant would need to also comply with the London Plan so Code level 3 was sufficient.

A member asked for condition 14 to be amended to require the parking to be allocated to the commercial use.  The amendment to Condition 14 was moved, seconded and agreed by the committee.

Concerns were raised as to whether there was suitable disabled access to the shower and accessible W.C. facilities for the  B1(a) unit.

Officers suggested that a condition should be added to ensure that details are submitted.  The addition of this condition was moved, seconded and agreed by the committee.

A member raised concerns about the non accessible Green Roof areas and how they would be maintained.

Officers advised that condition 4 could be amended to require details to be submitted on how areas would be planted.  Access for maintenance would be required through the units at some stage.

Members were unhappy with access being through the units and asked that condition 4 include details of how maintenance of these areas would be carried out.

It was moved, seconded and agreed that an informative be added for the applicant to consider providing food grinders to minimise the waste from the kitchens.

The recommendation for approval with condition 4 and 14 being amended, an additional 2 conditions and informative added was moved, seconded and on being put to the vote was agreed.

Resolved – That delegated powers be given to the Head of Planning and Enforcement to grant planning permission subject to the following:-

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) The provision of a contribution of £27,933 towards educational facilities.

ii) The provision of a contribution of £4,558.74 towards healthcare facilities.

iii) The provision of a contribution of £517.73 toward local libraries facilities.

iv) A contribution of £2,500 for every £1 million build cost to provide for construction training.

v) A cash contribution equal to 5% of the total cash contribution to enable the management and monitoring of the requirements of the legal agreement.

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 within 6 months of determination, the S106 Agreement has not been finalised, delegated powers be given to the Head of Planning and Enforcement to refuse planning permission for the following reasons:

The development is not considered to have made adequate provision, through planning obligations, for contributions towards educational facilities, healthcare facilities, library facilities, construction training or monitoring. Given that a legal agreement or unilateral undertaking has not been secured to address this issue, the proposal is considered to be contrary to Policy R17 of the Hillingdon Unitary Development Plan Saved Policies (September 2007) and the Council's Supplementary Planning Document for Planning Obligations (Adopted July 2008).

e) That subject to the above, the application be deferred for determination by the Head of Planning and Enforcement under delegated powers, subject to the completion of legal agreement under Section 106 of the Town and Country Planning Act 1990 and other appropriate powers to 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 and the following changes made by the committee .

Amend condition 14 to insert 'The details shall include the permanent allocation of 1 disabled parking space to the B1(a) unit  hereby approved. ' after 'Local Planning Authority.'

Additional condition

'Prior to commencement of  development full details of the shower and accessible W.C. facilities for the  B1(a) unit shall be submitted to, and approved in writing by, the Local Planning Authority.  Thereafter, the facilities shall be installed in accordance with the approved details prior to occupation and be maintained for the lifetime of the unit.

REASON

To ensure that adequate shower facilities are provided for cyclists and that adequate disabled facilities are supplied in accordance with Policies AM9, AM14 of the Hillingdon Unitary Development Plan Saved Policies (September 2007), Policy 4B.5 of the London Plan, the Council's adopted Car Parking Standards and the Hillingdon Design and Access Statement: Accessible Hillingdon'

Additional condition

'Prior to commencement of development details of maintenance and maintenance access of the areas labelled 'Green Roof (no access)' on the approved plans shall be submitted to, and approved in writing by, the Local Planning Authority.  These details shall exclude access to these roof spaces through individual private units, and in the event that maintenance of individual Green Roof areas would not be feasible, an alternative roofing solution may be submitted for consideration by the Local Planning Authority.  Thereafter access to these areas shall be for no purposes other than maintenance and shall be carried out in accordance with the approved details.
 
REASON
To protect the privacy of neighbouring occupiers and ensure that the non-accessible or Green Roof areas are maintained in an appropriate manner which achieves the objectives of Policies BE24 and BE38 of the Hillingdon Unitary Development Plan Saved Policies (September 2007) and Policy 4A.11 of the London Plan.'

Additional informative:

'You are encouraged to provide food waste grinders within the residential units hereby approved in order to reduce the amount of solid waste which requires removal from the site.'