Agenda item

Demolition of existing single and two storey extensions and outbuildings associated with the public house. Retention and conversion of the original public house building to form 2 no. residential units plus the erection of an additional 14 no. residential units on the site, provision of a wild flower meadow, car parking, landscaping, amenity space and other associated works.

Officers introduced the report and directed Members to note the changes set out in the addendum circulated at the meeting.

In discussing the application, a Member commented that the site visit was useful and helpful, as they were able to observe and develop an understanding of the flood situation, as well as ascertain how the site would assist with flooding. The need to secure the safety of wide life was highlighted.

The Legal Advisor advised that planning obligation relating to wide life would be included as part of Condition 11.

In answer to a query relating to erected fixtures on the site, officers advised that the Town and County Planning Act allowed for people to be able to erect non-permanent fixtures in private gardens.

The Legal Advisor pointed out that Members could take comfort in the knowledge that with regard to Condition 21, this was a standard and accepted condition for removing Permitted Development (PD) rights.

Offices explained that there was the right to put up temporary buildings for only 21 days in General Permitted Development Order (GPDO). It would however, be unreasonable to remove rights for temporary structures such as swings. The GDPO allowed construction of outbuildings in residential gardens and the condition wording (which the Legal Advisor had confirmed was robust) prohibited such structures.

The Chairman added that this issue should be taken in context and pointed out that officers had taken the view of not removing all garden furniture, as doing so would be considered unreasonable.

The recommendation contained in the officer’s report was moved, seconded and on being put to the vote was agreed.

Resolved

1. That the application be referred to the Secretary of State as a departure from the provisions of the Development Plan and be referred back to the Greater London Authority.

2. That should the Secretary of State not call in the application and that should the Mayor not direct the Council under Article 6 to refuse the application, or issue a direction under Article 7 that he is to act as the Local Planning Authority for the purposes of determining the application, the Council enter into an agreement with the applicant under Section 106 of the Town and Country Planning Act 1990 (as amended) or Section 278 Highways Act 1980 (as amended) and all appropriate legislation to secure:

(i) Transport: All on site and off site highways works as a result of this proposal, including improvements to the site access and footway renstatement along the site frontage to connect the site with Thorney Mill Road

(ii) Health: The applicant provides a financial contribution of £8,038.46 towards health care in the area

(iii) Libraries: The applicant provides a financial contribution of of £853.30 towards library provision in the area

(iv) Construction Training: Either a construction training scheme delivered during the construction phase of the development or a financial contribution of £5,375

(v) Affordable Housing: All Units to be affordable housing

(vi) Education: The applicant provides a financial contribution towards school places in the area commensurate with the estimated child yield of the development amounting to £52,409 (subject to full nominations rights)

(vii) A wild flower meadow to be established and retained, involving the removal of existing earth bunds, as well as management and access details. The S106 shall secure details of the wildflower meadow which shall be designed to benefit ecology and minimise flood risk and shall secure implementation of the works prior to occupation of any residential units.

(viii) Air Quality Monitoring: in line with the SPD a contribution towards Air Quality Monitoring is sought in the sum of £12,500

(ix) Project Management and Monitoring Fee: a contribution equal to 5% of the total cash contribution, to enable the management and monitoring of the resulting agreement.

3. That Officers be authorised to negotiate and agree detailed terms of the proposed agreement.

4. If a Section 106 agreement has not been signed by the 3rd March 2014, or any other period deemed appropriate by the Head of Planning, Green Spaces and Culture, that delegated authority be given to Head of Planning, Green Spaces and Culture to refuse the application for the following reason:

- The applicant has failed to provide contributions towards the improvements of services and facilities as a consequence of demands created by the proposed development (in respect of highway improvements, education, health, libraries, construction training, affordable housing, ecological enhancements, project management and monitoring fee). Given that a legal agreement to address this issue has not at this stage been offered or secured, the proposal is considered to be contrary to Policy R17 of the Hillingdon Local Plan: Part 2 - Saved UDP Policies (November 2012).

5. That subject to the above, the application be deferred for determination by the Head of Planning, Green Spaces and Culture under delegated powers subject to the completion of the Agreement under Section 106 and other appropriate powers with the applicant.

6. That if the application is approved, the conditions and informatives set out in the officer's report be attached and subject to changes in the addendum.