Agenda item

Erection of a residential building to accommodate 35 flats (consisting of 12 one-bedroom units, 21 two-bedroom units and 2 three-bedroom units) with associated parking and landscaping

Recommendation: Legal Agreement

Erection of a residential building to accommodate 35 flats (consisting of 12 one-bedroom units, 21 two-bedroom units and 2 three-bedroom units) with associated parking and landscaping

2954/APP/2010/1810

In introducing the report, officers drew the Committee’s attention to the changes in the Addendum sheet circulated at the meeting.

The Committee amended informative 15 in the Addendum sheet to include the external spiral case.

Members raised concerns about the potential for noise through the use of the roof terrace.

Officers advised that the roof terrace would not be in use after 10pm.

The Committee attached an additional condition requiring a management plan in respect of the management of access and noise, to prevent potential adverse impact on neighbouring amenities.

The recommendation with the amendments on the Addendum sheet and additional condition was moved, seconded and on being put to the vote was 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)                    The provision of 3 x one bedroom and 3 x two bedroom units as affordable housing.

ii)                  The provision of a contribution of £102,323 toward educational facilities.

iii)                The provision of a contribution of £13,682.71 toward healthcare facilities.

iv)               The provision of a contribution of £30,000 toward community facilities.

v)                 The provision of a contribution of £20,000 toward Town Centre Improvements.

vi)               The provision of a contribution of £1,452.45 toward Local Library Facilities.

vii)             The provision of construction training either as a formula based financial contribution or in-kind.

viii)            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, the S106 Agreement has not been finalised, delegated powers be given to the Director of Planning and Community Services to refuse planning permission for the following reasons:

1. The development is not considered to have made adequate provision, through planning obligations, for contributions towards educational facilities, healthcare facilities, community facilities, town centre improvements, library facilities and 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 Director of Planning and Community Services 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 the informatives in the officer’s report be attached, including the Addendum and the following amendment to informative 15 and additional condition:

Informative 15 to read as follows:

‘You are advised that this approval dies not override any requirements under building regulations, and in particular those relating to steps, stairs and associated treads, and in particular the stairs to the spiral stair case’.

Additional Condition

 ‘Before the development hereby approved is occupied, a management plan for the use of the roof terrace area, setting out details of how the external roof terrace is to be managed to prevent adverse impacts on the amenity of neighbouring occupiers shall be submitted to and approved in writing by the Local Planning Authority.

Reason

To ensure that the future uses of the roof terrace does not result in noise and disturbance that would cause harm to the residential amenities of near by occupiers and in accordance with policies OE1 and OE3 of the Hillingdon Unitary Development Plan Saved Policies (September  2007).