Agenda item

Application to vary condition 5 (to allow for revisions to the siting, layout and design; layout and design of the Homezone, highways, car parking layout; and amenity space provision) of planning permission ref: 49996/APP/2008/3561 dated 27/08/2009 for the redevelopment of the site to include demolition of existing buildings; Erection of 261 new residential units (consisting of 165 flats and 96 houses); Landscaping incorporating open spaces, tree planting and play space; Provision of energy efficient and renewable energy technology; Vehicular and cycle parking; and retention of vehicular access off Judge Heath Lane

Recommendation: Delegated powers, Subject to the completion of a Deed of Variation to planning permission 49996/APP/2008/3561

Application to vary condition 5 (to allow for revisions to the siting, layout and design; layout and design of the Homezone, highways, car parking layout; and amenity space provision) of planning permission ref: 49996/APP/2008/3561 dated 27/08/2009 for the redevelopment of the site to include demolition of existing buildings; Erection of 261 new residential units (consisting of 165 flats and 96 houses); Landscaping incorporating open spaces, tree planting and play space; Provision of energy efficient and renewable energy technology; Vehicular and cycle parking; and retention of vehicular access off Judge Heath Lane.22/12/2009

49996/APP/2009/2766

Officers added an additional informative for details to be submitted as part of  condition 10, of any features proposed for the pond.  Members agreed to the addition of this informative.

A member asked for the condition on the addendum sheet in regards to antenna, masts, poles, satellite dishes etc. be amended to state ‘should not be placed anywhere on the flats without the consent of the Local Planning Authority’.  The amendment was agreed by the committee.

In answer to an issue raised in relation to Permitted Development rights officers advised that condition 17 could be amended to cover all forms of extensions and alterations to roofs.  The committee agreed that condition 17 be amended as suggested by the officer.

A member asked whether it would be possible to add a condition seeking the designation and allocation of parking spaces.

Officers advised that as this was a planning related issue, which had been approved last year, as this application was not proposing any significant changes, this would be unreasonable.  It was suggested that an informative be added to refer the applicant to condition 40 in relation to the parking, that not more than 2 parking spaces should be allocated to any unit.  The committee agreed the addition of the informative.

The committee raised concerns about the condition 39 in relation to the vehicle charging points.  It was asked that an informative be added to highlight the importance of additional points being located in positions easily accessible to the residents of the flats.   The committee agreed to the informative being added.

In answer to an issue raised in relation to the impacts of vibration officers advised that condition 16 could be amended to seek measures to prevent damage or adverse impact.   Members agreed to condition 16 being amended.

The recommendation with the amendments made by the committee was moved, seconded and on being put to the vote was agreed.

That the application be determined by the Head of Planning and Enforcement under delegated powers, subject to the completion of a Deed of Variation to planning permission 49996/APP/2008/3561 to be entered into to provide for the following obligations:

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

2. That the application be referred to the Secretary of State as a departure from the provisions of the Development Plan.

3. That the Council enter into a legal agreement with the applicants under Section 106 of the Town and Country Planning Act 1990 (as amended) and/or Section 278 of the Highways Act 1980 (as amended) or other appropriate legislation to secure:

(i) A financial contribution of £99,518 for healthcare facilities and places.

(ii) A financial contribution of £586, 484 (including secondary school contribution

provided for as part of this varied scheme) for education facilities and places

(iii) A financial contribution of £12,485 towards library provision.

(iv) A financial contribution of £35,000 towards employment/construction training initiatives

(v) A financial contribution of £30,000 towards bus shelter upgrading

(vi) The submission of a Travel Plan (effective for a minimum period of 10 years),including a bond of £20,000.

(viii) Provision of affordable housing equivalent to 34% of the total number of habitable rooms, which shall be reflected in the revised schedule table.

(ix) To retain the existing sports hall until the earlier of (a) a date of two years from the completion date of the sale of the sports hall or (b) such time as Botwell Green Leisure Centre facilities have been provided and are open to the public.

 (x) The applicants pay a sum £5000 for compliance, project management, administration and monitoring of the completed planning (and/or highways) agreement(s)

4. That in respect of the application for planning permission, the applicant meets the Council's reasonable costs in the preparation of the S106 Agreement and any abortive work as a result of the agreement not being completed.

5. If the S106 Agreement has not been finalised within 6 months, the application is to be referred back to the Planning Committee for determination at the discretion of the Director of Planning and Community Services.

6. That officers be authorised to negotiate and agree the detailed terms of the proposed agreement.

7. That subject to the Secretary of State not calling in the application and 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 issue a direction under Article 7 of the Order that he/she is to act as the local planning authority for the purpose of determining the application, and on the completion of the S106 Agreement, the application be deferred for determination by the Head of Planning and Enforcement under delegated powers.

8. That if the application is approved, the conditions and informatives set out in the officer’s report and the addendum sheet circulated at the meeting be attached with condition 17 being amended and an additional condition and informative added as follows:-

Amend condition 16 by adding "(vii) Measures to manage, control and prevent damage or adverse impacts on amenity as a result of vibration."

Amend condition 17 by inserting the words "no extension (including any extension to a roof including insertion of any skylight) to" between the words "no extension" and "any dwelling houses"

Amend the new condition in addendum (pg 1) by replacing the words "atop of the building here by approved." with "on the roofs and walls of the blocks of flats hereby approved.

Add new informative advising that any water features that might be proposed within the pond areas, including any fountains should form part of the landscaping details to be approved under condition 10.

Add new informative advising that the need for provision of electric vehicle charging points as required under condition 39 is most pressing for flatted development and as such any additional charging points should be located as to be easily used by residents of flats.

Add new informative advising that with regard to condition 40, you are advised that there are not to be more than 2 car parking spaces allocated per dwelling.