Agenda item

PROPOSAL:  redevelopment of existing car park to provide new residential accommodation (Use Class C3) and Sui Generis unit at ground floor and public car park along with associated works (as amended by the Addendum and Supplemental Addendum).

 

The Committee received representations from Shirley Sackwild (objector),  Mike Turner (objector), Steve Skuse (agent for the applicant), and David Wakeford (applicant). The objectors, agent for the applicant, and the applicant outlined their reasons for seeking refusal, and approval, of the application, respectively.

 

The Committee also received representation from Ward Councillors Ameet Jogia, Amir Moshenson, and James Lee who all spoke against granting the application.

 

Councillor Marilyn Ashton proposed deferral.  The proposal was seconded by Councillor Anjana Patel, put to the vote and lost.

 

Councillors Ali, Brown, Ferry and Robson voted against deferral.

 

Councillors Ashton, Baxter and Patel voted for deferral.

 

A member proposed having virtual site visits instead of physical visits for the duration of when restrictions on physical gatherings would be in force due to the coronavirus (Covid-19) epidemic. The proposal was seconded, put to the vote and agreed.

 

Councillors Ali, Brown, Ferry and Robson voted for virtual site visits.

 

Councillors Ashton, Baxter and Patel voted against virtual site visits.

 

Members raised concerns on how new changes to the London Plan Policy D9 would affect the application. Officers were requested to provide an explanation of the changes and explain their consequences.

 

Councillor Marilyn Ashton proposed refusal for the following reasons:

 

1.            the development, by reason of height, mass and scale would be out of character, would be visually obtrusive and would give rise to a loss of residential amenity within the locality, contrary to policies CS1 and CS8 of the Core Strategy (2012), DM1 Harrow Development Management Policy, D1, D2, D9 the publication London Plan (2020), 7.4, 7.5, 7.6 London Plan (2016) and H17 of Harrow's Site Allocation (2013); and

 

2.            the proposal would be detrimental to the setting of the Canons Park Grade ll Listed Historic Park and Garden, designated MOL and would not preserve or enhance the character and appearance and views from the Canons Park Estate Conservation Area, contrary to policies CS1, CS1D Core Strategy (2012), 7.8, 7.17 London Plan (2016), HC1, HC3 the publication London Plan (2020), Stanmore and Edgware Conservation Area Supplementary Planning Document (2013).

 

The proposal was seconded by Councillor Anjana Patel, put to the vote and agreed.

 

Councillors Ashton, Baxter, Brown and Patel voted to refuse officer recommendations

 

Councillor Ferry voted to approve officer recommendations.

 

Councillors Ali and Robson abstained from voting.

 

The Committee resolved to refuse 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 Section 106 legal agreement and other enabling development 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:

 

Affordable Housing and Wheelchair Homes

 

·                  The following affordable housing to be provided on site:

 

Affordable Rent

 

·                  2 x 2 bed, 3 person units (provided as wheelchair adapted units)

·                  9 x 2 bed, 4 person units

·                  11 x 3 bed, 5 person units

 

Shared Ownership

 

·                  48 x 1 bed, 2 person units

·                  44 x 2 bed, 4 person units

·                  4 x 3 bed, 5 person units

 

·                  Cascade mechanism to ensure each Shared Ownership Unit shall be marketed for first sale exclusively to Harrow residents for no less than 3 months and an income cap for eligible purchasers.

Transport and Highways

 

·                  A contribution for further parking surveys to be carried out prior to occupation and post occupation of the 100th flat and a commitment to funding the study and implementation of CPZ measures should specific interventions be identified. The financial contribution shall be capped at £50,000.

 

·                  The development to be ‘resident permit restricted’ and the developer to ensure that: (i) all marketing/advertising material makes reference to the fact that; and (ii) all sales and lettings agreements contain a covenant to the effect that; future owners, occupiers and tenants (other than those that are registered disabled) will not be entitled to apply for a residents parking permit or a visitor parking permit.

 

·                  A commitment that the developer will investigate to the Council’s satisfaction and if appropriate, make reasonable endeavours to implement a car club scheme at the site throughout the life of the development

 

·                  A Station Travel Plan to be submitted to the Council prior to commencement of development.  The developer to ensure the effective implementation, monitoring and management of the travel plan for the site.

 

·                  A revised Residential Travel Plan to be submitted to the Council prior to the first occupation of the building.  A travel plan bond (to be agreed with the Council) will be required to secure the implementation of all measures specified in the revised Travel Plan.  The developer to ensure the effective implementation, monitoring and management of the travel plan for the site.

 

·                  A financial contribution of £25,000 for improvements to the Jubilee Cycle Network.

 

·                  The developer to enter into a Section 278 agreement to facilitate alterations to Donnefield Avenue.  A £5,000 contribution is required for order-making Children and Young People’s Play space.

 

·                  A financial contribution (to be agreed with the Council) to fund off-site provision (including enhancements to existing provision where appropriate) of play space and equipment.

 

Heritage

 

·                  A financial contribution of £10,000 for the repair of the 18th Century Grade II Listed Memorial Garden Walls within Canons Park Biodiversity Enhancement and Management.

·                  The developer shall submit a Biodiversity Enhancement and Management Plan (BEMP) and any monetary contributions for offsite works dependent on the impact, mitigation and net gains required as set out in the BEMP.

 

Carbon Offset

 

·                  A financial contribution prior to commencement of the development for the shortfall in on-site carbon reductions required to achieve net zero carbon in line with the GLA rates (to be determined based on a revised energy strategy that reflects a more detailed assessment).  Verification of post-completion or final onsite emissions will inform any further offset contribution that may be required.

 

Design Review and Design Code

 

·                  An undertaking by the developer to the retain the existing architect (or one of equivalent standard) until the development is completed; or, the submission of a Design Code for approval by the Council that details the quality of the external materials of the finished development and other design parameters.

 

Employment and Training

 

·                  A financial contribution to be paid by the developer to fund local employment and training programmes and the submission of a Training and Recruitment Plan.

 

·                  The developer to use all reasonable endeavours to secure the use of local suppliers and apprentices during the construction of the development.

 

Legal costs, administration and monitoring

 

·                  A financial contribution (to be agreed) to be paid by the developer to the Council to reimburse the Council’s legal costs associated with the preparation of the planning obligation and a further to be paid to reimburse the Council’s administrative costs associated with monitoring compliance with the obligation terms in accordance with the adopted fees and charges schedule.

 

RECOMMENDATION B

 

That if the Section 106 Agreement is not completed by 31 March 2021 or such extended period as may be agreed in writing by the Interim Chief Planning Officer, the section 106 Planning Obligation is 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 social, environmental and physical infrastructural improvements arising directly from the development, contrary to the National Planning Policy Framework (2019), Policies 3.6, 3.11, 5.2, 6.3, 6.13 and 8.2 of the London Plan (2016), Policies D4, H4, S4, SI2, T4, T6, T6.1 and DF1 of the Publication London Plan (2020), Policy CS1 of the Harrow Core Strategy (2012) and Policies DM12, DM28, DM42, DM43, DM50, of the Harrow Development Management Policies Local Plan (2013), harrow planning obligations SPD.

 

DECISION:  REFUSE

 

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

 

Councillors Ashton, Baxter, Brown and Patel voted to refuse the application.

 

Councillor Ferry voted to grant the application.

 

Councillors Ali and Robson abstained from voting.