Agenda item

Two storey, 3-bed attached dwelling with associated parking and amenity space involving alteration to existing roof of No.51 installation of bin store and cycle store and alterations to existing vehicular crossover.

Recommendation: Approval subject to S106 Agreement

Two storey, 3-bed attached dwelling with associated parking and amenity space involving alteration to existing roof of No.51 installation of bin store and cycle store and alterations to existing vehicular crossover.

Officers introduced the report giving a brief summary of the application and that the road was a mix of detached and semi-detached properties. Officer reminded the Committee of the need to give delegated authority to officers to amend the resolution to include information on the Community Infrastructure Levy.

In answer to an issue raised in relation to the parking, officers advised the Committee that the red line of the site included the frontage of No.53 Pembroke Road to enable 2 parking spaces to be provided for each property. The members were referred to condition 13, which sets out the requirement for the parking to be retained.

The Legal adviser informed the Committee that the site was owned by one person and the legal agreement would bind any successors to the title.

The recommendation with the amended resolution was moved, seconded and on being put to the vote was agreed.

Resolved -

2.1 That delegated powers be given to the Head of Planning, Green Spaces and

Culture to grant planning permission, subject to the following:

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:

a) A legal agreement that the land to the rear of the application site and No.53 Pembroke Road remains within the curtilage of that dwelling and any future residential development on this land is prohibited.

2.2 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.

2.3 That officers be authorised to negotiate and agree the detailed terms of the

proposed agreement.

2.4 That if any of the heads of terms set out above have not been agreed and the S106 legal agreement has not been finalised before 31st July 2014, or any other period deemed appropriate by the Head of Planning, Green Spaces and Culture then delegated authority be granted to the Head of Planning, Green Spaces and Culture to refuse the application for the following reason:

'The development has failed to secure obligations relating to prevention of future subdivision of the plot leading to potentially harmful inappropriate development of residential gardens. Given that the application site (as shown on the submitted plans) does not encompass the entirety of the residential gardens and in the absence of a legal agreement to secure the retention of these gardens the grant of planning permission could be seen to establish separate planning units which would be detrimental to the urban grain and character of the area overall. Accordingly, the proposal is contrary to policy BE1 of the Hillingdon Local Plan: Part One - Saved UDP Policies (November 2012), policy 5.3 and paragraph 3.4 of the London Plan and the Mayor's Housing Supplementary Planning Guidance.'

2.5 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 legal agreement under Section 106 of the Town and Country Planning Act 1990 and other appropriate powers with the applicant.

2.6 That if the application is approved, the conditions and informatives set out in the officers report and addendum sheet circulated at the meeting be imposed.