Issue - meetings

1/01, Kilby's Industrial Estate and Numbers 1- 5 Bacon Lane, P/0037/23

Meeting: 19/04/2023 - Planning Committee (Item 181)

181 1/01, Kilby's Industrial Estate and Numbers 1- 5 Bacon Lane, P/0037/23 pdf icon PDF 3 MB

Additional documents:

Minutes:

PROPOSAL:  variation of condition 2 (Approved Plans) attached to planning permission P/3667/19 (dated 11/03/2021) to allow addition of a rear dormer to 10 of the houses approved.

 

Councillor Nitin Parekh proposed refusal for the following reason:

 

1)              The additional dormer windows, by reason of their siting, will give rise to undue overlooking and loss of privacy, over and above the approved proposal, to the dwelling and their rear gardens abutting the site and will result in a loss of residential amenity with the locality, contrary to policies CS1 Harrow Core Strategy (2012), DMI Harrow Development Plan (2013).

 

The proposal was seconded by Councillor Simon Brown, put to the vote and not agreed.

 

The Committee voted and resolved to accept officer recommendations.

 

RECOMMENDATION A

 

The 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 Chief Planning Officer in consultation with the Director of Legal and Governance Services for the completion of a Deed of Variation to the Section 106 legal agreement (dated 22nd February 2021) and, subject to amendments to the conditions, including the insertion or deletion of conditions as deemed fit and appropriate to the development or the amendments to the legal agreement as required.

 

HEADS OF TERMS

 

1)              Provision of offsite affordable housing contribution of £110,000 with a viability review mechanism

2)              Harrow Employment and Training Initiatives: financial contribution towards local training and employment initiatives prior to commencement

3)              Child Play Space provision contribution

4)              Parking permit restriction

5)              Carbon offsetting contribution

6)              External materials strategy

7)              Planning Permission monitoring fee

8)              Legal fees

 

RECOMMENDATION B

 

That if, by 1st July 2023 or such extended period as may be agreed in writing by the Chief Planning Officer, the section 106 Planning Obligation is not completed, then delegate the decision to the Chief Planning Officer to REFUSE planning permission for the following reason:

 

1)              the proposal, in the absence of a Deed of Variation to the Section 106 (dated 22nd February 2021) to provide the 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 social, environmental and physical infrastructural improvements arising directly from the development, contrary to the National Planning Policy Framework (2021), policies D3, D4, H4, S4, SI2, T4 of the London Plan (2021), Policy CS1 of the Harrow Core Strategy (2012) and Policies DM12, DM28, DM42, DM50, of the Harrow Development Management Policies Local Plan (2013).

 

DECISION:  GRANT

 

The Committee wished it to be recorded that the decision to grant the application was by majority of votes.

 

Councillors Ashton, Baxter, Chowdhury and Wagman voted to grant the application.

 

Councillors Brown and Parekh voted to refuse application.