Agenda item

PROPOSAL: redevelopment of the site to provide new residential accommodation (Use Class C3) along with associated works (as amended by the Addendum and Supplemental Addendum).

 

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

 

Councillors Ashton, Baxter and Patel voted for deferral.

 

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

 

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)            refer this application to the Mayor of London (the GLA) as a Stage 2 referral; and

3)            subject to the Mayor of London (or delegated authorised officer) advising that he is content to allow the Council to determine the case itself and does not wish to direct refusal, or to issue a direction under Article 7 that he is to act as the Local Planning Authority for the purposes of determining the application, delegate authority 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 conditions 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:

 

1.            Affordable Housing

 

·                  Provision of 39 affordable homes:  13 shared ownership (inclusive of discount market sales units) and 26 affordable rent

 

·                  10% of affordable rent accommodation to be constructed and ready for occupation as wheelchair standard homes

 

·                  Early stage review

 

·                  Late stage review

 

 

 

 

 

2.            Carbon Offset

 

·                  Payment of a total financial contribution of £237,559 towards carbon offset.  Payable upon commencement of each phase on a pro rata basis.

 

·                  Provision of certification of actual/ as-built carbon emission achieved on site and payment of any shortfall in carbon reductions calculated at a rate of £60 per tonne of carbon to be offset per year, over a 30 year period.

 

·                  Provision of commitment the development will be designed to enable post construction monitoring and that the information set out in the ‘be seen guidance is submitted to the GLA’s portal at the appropriate reporting stages.

 

3.            Energy Centre

 

·                  Provision of a safeguarding route to a connection to any future wider District Heat Network.

 

4.            Highways and Parking

 

·                  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. Appointment of Travel Plan Coordinator. Travel Plan monitoring fee of £5,000.

 

·                  A contribution for further parking surveys (£10,000) 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.

 

·                  Provision of a car club space.

 

·                  The developer to enter into a Section 278 agreement to facilitate alterations to the service road on the southern access of the development site, improved lighting to the footway link to Stanley Road and implementation of traffic calming measures including speed cushions.

 

 

 

 

 

5.            Employment and Training Plan

 

·                  Payment of local Employment Contribution to the Council (amount TBC) upon commencement of development and to be used towards

·                  employment and training initiatives within the Council’s administrative area.

 

·                  Submission of an employment, training and recruitment plan to the Council for its approval

 

·                  S106 agreement will include penalty clauses for non-compliance with the above.  Non-compliance is failure to deliver the obligations in the section 106 Agreement, irrespective of whether 1) the Agreement states that it will discharge the obligation; and 2) the Developer has paid the council (Xcite) to employ a training and employment co-ordinator and beneficiary funds to discharge the obligations, but the developer’s contractors fail to work with Xcite to provide skill, apprenticeship and employment opportunities.  HB Law has been working on relevant clauses.

 

·                  A minimum of 15% of spend during the construction of the development is with suppliers in the council’s administrative area.

 

6.            Legal Costs and Monitoring Fee

 

·                  Payment of section 106 monitoring fee upon completion of section 106 Agreement.

 

·                  Payment of all reasonable legal fees upon completion of section 106 Agreement.

 

RECOMMENDATION B

 

That if the Section 106 Agreement is not completed by 20 March 2021 or as such extended period as may be agreed by the Interim Chief Planning Officer, then it is recommended to delegate the decision to REFUSE planning permission to the Interim Chief Planning Officer on the grounds that:

 

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 3.11, 3.13, 5.2, 6.3, 7.4, 7.5 and 7.6 of The London Plan (2016), Core Strategy (2012), policy CS1 and policies DM1, DM2 DM42, DM43 and DM50 of the Harrow Development Management Polices Local Plan and the Supplementary Planning Document: Planning Obligations (2013).

 

DECISION:  GRANT

 

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