Agenda item

Proposed mixed-use redevelopment comprising 773 dwellings

(12 studios, 152 one-bedroom flats, 316 two-bedroom flats, 21

two-bedroom houses, 23 three-bedroom flats, 181 three-bedroom

houses, 59 four-bedroom houses and 9 five-bedroom

houses); Class D1 Primary Healthcare facility and community

facility (max. 1,085m2); Class C2 Nursing Home (max.

3,630m2); Classes A1-A3 Shop units (max. 185m2); Class B1

Business units including site management office (max.

185m2); Energy Centre (max. 200m2) with combined heat and

power unit; foul water pumping station; associated access

roads from Porters Way and Rutters Close (pedestrian and

cycle access only); 1,085 car parking spaces; cycle parking;

public open space areas; cycleways and footpaths; and

landscaping works (Outline application to consider access,

layout and scale whilst appearance and landscaping are

reserved)

 

5107/APP/2009/2348

 

In introducing the report, officers brought the Committee’s attention to changes and amendments set out in the Addendum sheet. In respect of amendments to condition 24, a further amendment was made to include ‘…secure covered cycle storage…’ In point (vii) of the Heads of Terms, the word ‘study’ was replaced with ‘scheme’.  

 

In accordance with the Constitution, John McDonnell MP spoke in support of, and on behalf of the petitioners. He thanked officers for their comprehensive report and raised the following points and suggestions:

 

• That the petitioners’ objections were not against the scheme itself, but rather the consultation process
• That Rutters Close was a small community which was relatively secure with no through traffic
• That the petitioners’ main concern was related to the proposed cycle path spur through the development on to Rutters Close, which they felt  would undermine the concept of the close
• That the proposed cycle path through the development on to Rutters Close may lead to security issues
• Suggested further consultation and the provision of more details
• Suggested that the Committee consider this part of the application in respect of the proposed cycle path spur through the development on to Rutters Close, at a latter date.

 

The agent of the application site addressed the Committee and raised the following points:

 

• The Council’s consultation leaflet had outlined the associated pedestrian and cycle access roads from Potters Way and Rutters Close
• The final version of the Supplementary Planning Document (SPD) on the site was approved by Cabinet in September 2009 and adopted
• Point 3.46 in the SPD stated that pedestrian and cycle routes that provided direct access from the former NATS site in West Drayton Station should be provided to link Porters Way and Rutters Close
•  During various discussions of the applications there was an indication that pedestrian and cycle provision was required to meet sustainability requirements
• Many houses would benefit from the short cut via the green route and sustainable benefits would be achieved  by providing this link
• Should the Committee reject the proposed cycle path spur through the development on to Rutters Close, this would not make any material difference to the development, but residents living in the Eastern site would lose the benefit of being able to use the short cut to West Drayton Station.

 

Officers advised that the approval of associated access included vehicular, pedestrian and cycle access, and that if the Committee was minded to close off cycle access to Rutters Close, there would be no further opportunity for the issue of access to be brought back to Committee.

 

In response to concerns raised about access through Rutters Close, officers advised that if this access was closed, the central spine would be opened at all times. If the Committee considered that the issue could be dealt with by conditions, but to note that the Metropolitan Police Crime Prevention officer had advised that they had no concerns about the issue of crime through Rutters Close.

 

A Member commented that the issue was purely in respect of the cycle route. Therefore cyclist could cycle a short distance within the estate. However, the route should remain open for pedestrians.

 

The Chairman commented that part of the application could be approved and the determination of access into Rutters Close could be considered in Reserve Matters as this would allow for more specific consultation to the community.

 

The Legal Advisor advised that an outline application was before Members, and so were the facts to assist Members in making their decision.

 

In response to concerns raised about the issue of vibration from an adjoining construction site, officers advised that Condition xiv in the report could be revised in order to protect the proposed development from vibration.

 

A member asked whether pedestrian would have to around the route to access the site or whether access could be gained via Marlborough Parade directly on to the site. Officers advised that an application including details about this issue would be reported to the Committee under reserved matters.

Condition xxiii was amended to include the wording ‘compatible with the Council’s CCTV system’.

 

It was moved and seconded that the recommendation to approve the application subject to S106 Agreement be agreed, subject to the deletion of the associated access road to Rutters Close. On being put to the vote, it was approved subject to the changes in the Addendum sheet and amended conditions, as well as necessary changes to those conditions to delete pedestrian and cycle access from Rutters Close.

 

RESOLVED

 

1 That the application be referred to the Greater London Authority (under Article 5 of the Town and Country Planning (Mayor of London) Order 2008).

 

2 That subject to the Mayor not directing the Council under Article 6 of the Town and Country Planning (Mayor of London) Order 2008 to refuse the application, or under Article 7 of the Order that he is to act as the local planning authority for the purpose of determining the application, delegated powers be given to the Head of Planning and Enforcement to grant planning permission, subject to any relevant amendments requested by the Greater London Authority and 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 affordable housing equivalent to a minimum of 10.9% of the total number of habitable rooms comprised within the residential units on the site and for which 72% are to be of the social rent tenure.

 

(ii) A financial contribution of £3,998,412 towards education facilities.

 

(iii) The provision of a Primary Care Trust facility in Block F and to include the fit out of the premises to a specification agreed with the Hillingdon PCT as well as a peppercorn rent for a minimum of 3 years. In the event that a PCT facility is not secured on site, the payment of a financial contribution of £337,574 towards healthcare facilities.

 

(iv) A financial contribution of £392,220 towards indoor/outdoor sport and recreation facilities.

 

(v) A financial contribution of £420,000 towards TFL bus services.

 

(vi) A financial contribution of £34,000 towards bus stop improvements.

 

(vii) A financial contribution of £25,000 towards a parking management scheme.

 

(viii) The provision of a 10 year Sustainable Travel Plan.

 

(ix) The provision of a minimum of two car club spaces on site.

 

(x) An undertaking to enter into a s278 agreement for highway works between the junction of Station Road and Porters Way and the junction of Stockley Road and Lavender Rise, subject to a detailed design to be agreed between TFL, the Council’s Highways Engineer and the applicant’s Highways Engineer, and which is not limited to and includes possible widening of Lavender Rise and straightening of the Porters Way and Lavender Rise connection.

 

(xi) An undertaking to enter into a s278 agreement for pedestrian connectivity works to Porters Way and the link between the application site and West Drayton Station having regard to the PERS audit and subject to a detailed design to be finally agreed between TFL, the Council’s Highways Engineer and the applicant’s Highways Engineer.

 

 (xii) The provision of a community facility on site of not less than 204sqm, fitted out to a standard to be agreed with the Council and available for use by the community at large on a not-for-profit basis.

 

(xiii) A financial contribution of £34,000 towards library facilities.

 

(xv) A financial contribution of £250,000 towards improvements to the Mulberry Parade public realm.

 

(xvi) A financial contribution or works in kind with the agreement of British Waterways of £200,000 towards the Grand Union Canal.

 

(xvii) The provision of a satisfactory training and employment opportunities as well as a coordinator on site to be agreed with the Council.

 

(xvii) An undertaking to provide a heat distribution network on site with the final detailed design to be agreed with the Council and the GLA.

 

(xviii) A financial contribution of £80,304 or equivalent to 1.5% of total value of the contributions sought, whichever is the greater, for the monitoring of the s106and Travel Plan.

 

(xix) An undertaking to establish and maintain a management company with responsibilities set out in Section 5 ‘Estate Management Arrangements’ of the Planning Statement including a parking management plan and to be finally agreed with the Council.

 

b) That in respect of the application for planning permission, the applicant meets the Council's reasonable costs in preparation of the Section 106 and 278 Agreements 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 and conditions of approval.

 

d) That if any of the heads of terms set out above have not been agreed and the S106legal agreement has not been finalised within 6 months of the date of this Committee resolution, or any other period deemed appropriate by the Head of Planning and Enforcement, 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 Head of Planning and Enforcement 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 in the officer’s report be imposed subject to any changes negotiated by the Head of Planning and Enforcement prior to issuing the decision.

 

g) That the amendments in the Addendum sheet be noted and the following amended conditions.

 

xiv	Protecting neighbours from noise and vibration.

 

Reason – To protect amenity of future occupiers in accordance with BE23 of the Hillingdon Unitary Development Plan Saved Policies (September 2007).

 

xxiv	A scheme for the provision of Closed Circuit Television (CCTV) compatible with the Council’s CCTV system on and/or around the buildings, amenity areas and bicycle storage areas.

 

Reason  - In pursuance of the Local Planning Authority's duty under Section 17 of the Crime and Disorder Act 1998 to consider crime and disorder implications in exercising its planning functions; to promote the well being of the area in pursuance of the Local Planning Authority's powers under Section 2 of the Local Government Act 2000; to reflect the guidance contained in the Council's SPG on Community Safety by Design and to ensure that the development provides a safe and secure environment in accordance with Policies 4B.1 and 4B.6 of the London Plan (February 2008).

 

FORMER NATIONAL AIR TRAFFIC SERVICES (NATS)

HEADQUARTERS, PORTERS WAY, WEST DRAYTON

 

Proposed mixed-use redevelopment comprising 773 dwellings

(12 studios, 152 one-bedroom flats, 316 two-bedroom flats, 21

two-bedroom houses, 23 three-bedroom flats, 181 threebedroom

houses, 59 four-bedroom houses and 9 five-bedroom

houses); Class D1 Primary Healthcare facility and community

facility (max. 1,085m2); Class C2 Nursing Home (max.

3,630m2); Classes A1-A3 Shop units (max. 185m2); Class B1

Business units including site management office (max.

185m2); Energy Centre (max. 200m2) with combined heat and

power unit; foul water pumping station; associated access

roads from Porters Way and Rutters Close (pedestrian and

cycle access only); 1,085 car parking spaces; cycle parking;

public open space areas; cycleways and footpaths; and

landscaping works (Outline application to consider access,

layout and scale whilst appearance and landscaping are

reserved)

 

5107/APP/2009/2348

 

In introducing the report, officers brought the Committee’s attention to changes and amendments set out in the Addendum sheet. In respect of amendments to condition 24, a further amendment was made to include ‘…secure covered cycle storage…’ In point (vii) of the Heads of Terms, the word ‘study’ was replaced with ‘scheme’.  

 

In accordance with the Constitution, John McDonnell MP spoke in support of, and on behalf of the petitioners. He thanked officers for their comprehensive report and raised the following points and suggestions:

 

• That the petitioners’ objections were not against the scheme itself, but rather the consultation process
• That Rutters Close was a small community which was relatively secure with no through traffic
• That the petitioners’ main concern was related to the proposed cycle path spur through the development on to Rutters Close, which they felt  would undermine the concept of the close
• That the proposed cycle path through the development on to Rutters Close may lead to security issues
• Suggested further consultation and the provision of more details
• Suggested that the Committee consider this part of the application in respect of the proposed cycle path spur through the development on to Rutters Close, at a latter date

 

The agent of the application site addressed the Committee and raised the following points:

 

• The Council’s consultation leaflet had outlined the associated pedestrian and cycle access roads from Potters Way and Rutters Close
• The final version of the Supplementary Planning Document (SPD) on the site was approved by Cabinet in September 2009 and adopted
• Point 3.46 in the SPD stated that pedestrian and cycle routes that provided direct access from the former NATS site in West Drayton Station should be provided to link Porters Way and Rutters Close
•  During various discussions of the applications there was an indication that pedestrian and cycle provision was required to meet sustainability requirements
• Many houses would benefit from the short cut via the green route and sustainable benefits would be achieved  by providing this link
• Should the Committee reject the proposed cycle path spur through the development on to Rutters Close, this would not make any material difference to the development, but residents living in the Eastern site would lose the benefit of being able to use the short cut to West Drayton Station.

 

Officers advised that the approval of associated access included vehicular, pedestrian and cycle access, and that if the Committee was minded to close off cycle access to Rutters Close, there would be no further opportunity for the  issue of access to be brought back to Committee.

 

In response to concerns raised about access through Rutters close, officers advised that if this access was closed, the central spine would be opened at all times. If the Committee considered that the issue could be dealt with by conditions, but to note that the Metropolitan Police Crime Prevention officer had advised that they had no concerns about the issue of crime through Rutters Close.

 

A Member commented that the issue was purely in respect of the cycle route. Therefore cyclist could cycle a short distance within the estate. However, the route should remain open for pedestrians.

 

The Chairman commented that part of the application could be approved and the determination of access into Rutters Close could be considered in Reserve Matters as this would allow for more specific consultation to the community.

 

The Legal Advisor advised that an outline application was before Members, and so were the facts to assist Members in making their decision. It was not the remit of the Legal Advisor to advise Members on what decision they could make.  

 

In response to concerns raised about the issue of vibration from an adjoining construction site, officers advised that Condition xiv in the report could be revised in order to protect the proposed development from vibration.

 

A member asked whether pedestrian would have to around the route to access the site or whether access could be gained via Marlborough Parade directly on to the site. Officers advised that an application including details about this issue would be reported to the Committee under reserved matters.

 

Condition xxiii was amended to include the wording ‘compatible with the Council’s CCTV system’.

 

It was moved and seconded that the recommendation to approve the application subject to S106 Agreement be agreed, subject to the deletion of the associated access road to Rutters Close. On being put to the vote, it was approved subject to the changes in the Addendum sheet and amended conditions.

 

RESOLVED

 

1 That the application be referred to the Greater London Authority (under Article 5 of the Town and Country Planning (Mayor of London) Order 2008).

 

2 That subject to the Mayor not directing the Council under Article 6 of the Town and Country Planning (Mayor of London) Order 2008 to refuse the application, or under Article 7 of the Order that he is to act as the local planning authority for the purpose of determining the application, delegated powers be given to the Head of Planning and Enforcement to grant planning permission, subject to any relevant amendments requested by the Greater London Authority and 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 affordable housing equivalent to a minimum of 10.9% of the total number of habitable rooms comprised within the residential units on the site and for which 72% are to be of the social rent tenure

 

(ii) A financial contribution of £3,998,412 towards education facilities

 

(iii) The provision of a Primary Care Trust facility in Block F and to include the fit out of the premises to a specification agreed with the Hillingdon PCT as well as a peppercorn rent for a minimum of 3 years. In the event that a PCT facility is not secured on site, the payment of a financial contribution of £337,574 towards healthcare facilities

 

(iv) A financial contribution of £392,220 towards indoor/outdoor sport and recreation facilities

 

(v) A financial contribution of £420,000 towards TFL bus services

 

(vi) A financial contribution of £34,000 towards bus stop improvements

 

(vii) A financial contribution of £25,000 towards a parking management scheme

 

(viii) The provision of a 10 year Sustainable Travel Plan

 

(ix) The provision of a minimum of two car club spaces on site

 

(x) An undertaking to enter into a s278 agreement for highway works between the junction of Station Road and Porters Way and the junction of Stockley Road and Lavender Rise, subject to a detailed design to be agreed between TFL, the Council’s Highways Engineer and the applicant’s Highways Engineer, and which is not limited to and includes possible widening of Lavender Rise and straightening of the Porters Way and Lavender Rise connection

 

(xi) An undertaking to enter into a s278 agreement for pedestrian connectivity works to Porters Way and the link between the application site and West Drayton Station having regard to the PERS audit and subject to a detailed design to be finally agreed between TFL, the Council’s Highways Engineer and the applicant’s Highways Engineer

 (xii) The provision of a community facility on site of not less than 204sqm, fitted out to a standard to be agreed with the Council and available for use by the community at large on a not-for-profit basis

 

(xiii) A financial contribution of £34,000 towards library facilities

 

(xv) A financial contribution of £250,000 towards improvements to the Mulberry Parade public realm

 

(xvi) A financial contribution or works in kind with the agreement of British Waterways of £200,000 towards the Grand Union Canal

(xvii) The provision of a satisfactory training and employment opportunities as well as a coordinator on site to be agreed with the Council

 

(xvii) An undertaking to provide a heat distribution network on site with the final detailed design to be agreed with the Council and the GLA

 

(xviii) A financial contribution of £80,304 or equivalent to 1.5% of total value of the contributions sought, whichever is the greater, for the monitoring of the s106and Travel Plan

 

(xix) An undertaking to establish and maintain a management company with responsibilities set out in Section 5 ‘Estate Management Arrangements’ of the Planning Statement including a parking management plan and to be finally agreed with the Council

 

b) That in respect of the application for planning permission, the applicant meets the Council's reasonable costs in preparation of the Section 106 and 278 Agreements 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 and conditions of approval.

 

d) That if any of the heads of terms set out above have not been agreed and the S106legal agreement has not been finalised within 6 months of the date of this Committee resolution, or any other period deemed appropriate by the Head of Planning and Enforcement, 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 Head of Planning and Enforcement 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 in the officer’s report be imposed subject to any changes negotiated by the Head of Planning and Enforcement prior to issuing the decision.

 

h) That the amendments in the Addendum sheet be noted and the following amended conditions:

 

xiv	Vibration to neighbours  - WORDING REQUIRED

 

Reason – WORDING REQUIRED

 

xxiii

A scheme for the provision of Closed Circuit Television (CCTV) on and/or around the buildings, amenity areas and bicycle storage areas compatible with the Council’s CCTV system.

 

Reason  -  WORDING REQUIRED