Issue - meetings

PROPOSAL:  change of use of first, second and third floors from offices (Use Class E) to 9 residential units (Use Class C3); external alterations; bin and cycle stores; new vehicle access from Palmerston Road.

The Committee resolved to accept officer recommendations.

RECOMMENDATION A

The Planning Committee was asked to:

1)            agree the reasons for approval as set out in the report, and

2)            grant planning permission subject to authority being delegated to the Interim Chief Planning Officer in consultation with the Director of Legal and Governance Services for the completion of the legal agreement under Section 106 of the Town and Country Planning Act 1990 and other enabling legislation and issue of the planning permission, subject to amendments to the conditions, including the insertion or deletion of condition as deemed fit and appropriate to the development or the amendments to the legal agreement as required.  The Section 106 Agreement Heads of Terms would cover the following matters:

Transport and Highways

·       the development to be ‘resident permit restricted’ in accordance with section 16 of the GLC (Gen Powers) Act 1974 and the developer to ensure that: (i) all marketing/advertising material makes reference to the fact that; and (ii) all sales and lettings agreements contained a covenant to the effect that; future owners, occupiers and tenants (other than those that were registered disabled) would not be entitled to apply for a residents parking permit or a visitor parking permit; and

·       a financial contribution for amending the relevant traffic management order in accordance with the adopted fees and charges schedule.

Legal costs, administration and monitoring

·       Legal fees and administration/monitoring: payment of Harrow Council’s reasonable costs in the preparation of the Legal agreement and administration costs/monitoring costs in accordance with the adopted fees and charges schedule.

RECOMMENDATION B

That if the Section 106 Agreement is not completed by 31 May 2021 or such extended period as may be agreed in writing by the Interim Chief Planning Officer, the section 106 Planning Obligation was not completed, then delegate the decision to the Divisional Director of Planning to REFUSE planning permission for the appropriate reason -  the proposed development, in the absence of a Legal Agreement to provide appropriate improvements, benefits and monitoring that directly relate to the development, would fail to adequately mitigate the impact of the development on the wider area and provide for necessary transport mitigation arising directly from the development, contrary to the National Planning Policy Framework (2019), Policies T6.1 and DF1 of the London Plan (2021), Policy CS1 of the Harrow Core Strategy (2012) and Policies DM42 and DM50, of the Harrow Development Management Policies Local Plan (2013) and the Harrow Planning Obligations SPD (2013).

DECISION:  GRANT

The Committee wished it to be recorded that the decision to grant the application was unanimous.