Agenda item

Erection of 12 flats (8 two-bedroom, 4-person flats, 3 two-bedroom 3-person flats and 1 one-bedroom 2-person wheelchair accessible flat), in a single block with 12 associated car parking spaces; demolition of existing garages adjacent to Melbourne House and number 83 Perth Avenue; and provision of 3 open car parking areas.

Recommendation: Variation of the Statement of Intent dated 31 March 2010

Erection of 12 flats (8 two-bedroom, 4-person flats, 3 two-bedroom 3-person flats and 1 one-bedroom 2-person wheelchair accessible flat), in a single block with 12 associated car parking spaces; demolition of existing garages adjacent to Melbourne House and number 83 Perth Avenue; and provision of 3 open car parking areas.

In introducing the report, officers advised that the proposed development was restricted to over 55 years with partners of not under 50 year olds. The issue of education contribution had not been addressed given that there would be very little chance of children living within the scheme, therefore, the legal agreement would be varied to no longer require education contribution.

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

Resolved

a) That the Statement of Intent dated 31 March 2010 be varied as

follows:

i)    That the definition for education contribution be amended from;

means the education contribution in the sum of forty one thousand and twenty pounds (£41,020) referred to in Schedule Two towards the costs of providing education or educational improvements or facilities in the Authority’s Area including (but not limited to): New school facilities, including ancillary facilities; Improvements, adaptations or enhancements to existing school facilities [in order to accommodate extra children]; or Improvements and expansion of playground and external leisure spaces, including equipment and maintenance contributions;

ii) Replaced with the following definition

means the education contribution in the sum of forty one thousand and twenty pounds (£41,020) referred to in Schedule Two towards the costs of improving traffic calming measures for the direct benefit of Brookside Primary School, Perth Avenue Hayes, Middlesex.

b) That the owner and Council meet their respective costs in the

preparation of the Deed of Variation to the Statement of Intent and

any abortive work as a result of the agreement not being

completed.

c) That if the Deed of Variation to the Statement of Intent is not

finalised within a period of 6 months from the date of this

committee resolution, or any other period deemed appropriate by

the Head of Planning, Trading Standards and Environmental

Protection, then the application may be referred back to the

Committee for determination.

d) That subject to the above, the application be deferred for

determination by the Head of Planning, Trading Standards and

Environmental Protection under delegated powers, subject to the

satisfactory completion of the Deed of Variation to the Statement

of Intent that was entered into by way of Notice under Regulation

3 of the Town and Country Planning General Regulations 1992

which shall ensure only for the benefit of the land) that the

applicant being the local authority being the only legal entity with an interest in the land which is the subject of this application, and

hence being unable to enter into a section 106 Agreement with the

local planning authority, completes a Statement of Intent

(Statement) to make provision for the planning obligation as

approved on 31 March 2010 as would a third party developer

under a section 106 planning obligation.

e)   That if the application is approved, it be subject to the conditions

and informatives agreed by the Central and South Planning

Committee on 9 March 2010 (detailed in the Committee report and

minutes) and attached to this report and amendments in the Addendum sheet circulated at the meeting.