Agenda item

PROPOSAL:  demolition of existing buildings and erection of two linked buildings comprising residential units (Use Class C3) together with plant car parking cycle parking refuse stores hard and soft landscaping, and associated works details - height ranging from 5 to 9 storeys (as amended by the Addendum).

The Committee received representations from Luisa Keig (Objector), James Smith (Objector), and Nick Cuff (Agent for Applicant). Both Objectors outlined reasons for seeking refusal of the application, whilst the Agent for the Applicant urged the Committee to grant the application.

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 pursuant to 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 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:

Affordable Housing and Wheelchair Homes

A planning obligation was recommended to secure 100% affordable housing (149 x 1b1p units) with the tenure (Discount Market Sale) as submitted:

·      cascade mechanism to ensure each unit shall be marketed for first sale exclusively to Harrow residents for no less than 3 months and an income cap for eligible purchasers; and

·      provision of 10% wheelchair homes.

Transport and Highways

·      Parking Permit Restrictions - 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 made reference to the fact; and (ii) all lettings agreements contained a covenant to the effect that future 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.  A contribution in accordance with the adopted fees and charges was required to amend the Traffic Management Order; and

·      Loading/Refuse Bay on Sheepcote Road – s278.

Travel Plan

·      Travel Plan Deposit/ Bond (to be agreed with developer) would be required to secure the implementation of all measures specified in the Travel Plans;

·      Travel Plan Monitoring Fee - to cover a 5 year period, per Travel Plan (fee to be in accordance with the adopted fees and charges);

·      Travel Plan Survey (to be updated) – 75% occupied or in sixth month after occupation, whichever was soonest;

·      submit survey results annually with full review and update in years 3 and 5;

·      Travel Plan Co-ordinator to be in place 2 months prior to occupation; and

·      should the travel plan not fulfil its agreed targets by year 5, the life of the travel plan may be extended, the cost of which would be met by the developer.

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.  The Rate is £95/tonne of carbon over 30 years (i.e. £2,850 / tonne).  This would be payable upon commencement and an additional payment due upon completion if the on-site contributions exceeded those calculated at planning application stage; and

·      provision of a safeguarding route to a connection to a wider district heat network.

Employment and Training

·      the developer to submit to the Council for approval, prior to commencement of the development, a Training and Recruitment Plan/ Local Labour Employment Strategy.  The developer to implement the agreed Plan.  The training and Employment plan would include:

o    employment initiatives opportunities relating to the construction of the development and details of sector delivery;

o    the provision of appropriate training with the objectives of ensuring effective;

o    transition into work and sustainable job outcomes;

o    the timings and arrangements for implementation of such initiatives; and

o    suitable mechanisms for the monitoring of the effectiveness of such initiatives.  The Plan may include details of any existing training initiatives agreed with Harrow.

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

·      (To Be Agreed with Applicant) - a financial contribution towards the management and delivery of the construction training programme based on the construction value of the development.  This was calculated using the formula: £2,500 per £1,000,000 build cost.  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; and

·      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 contribution (to be agreed) to be paid upon completion of the section 106 to reimburse the Council’s administrative costs associated with monitoring compliance with the obligation terms.

RECOMMENDATION B

That if the Section 106 Agreement was not completed by 17 June 2021 or such extended period as may be agreed in writing by the Interim Chief Planning Officer, then it was recommended to delegate the decision to the Interim Chief Planning Officer to REFUSE planning permission 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 D4, H4, S4, SI2, T4, T6, T6.1 and DF1 of The London Plan (2021), Policy CS1 of the Harrow Core Strategy (2012) and Policies DM12, DM28, DM42, DM43, DM50, of the Harrow Development Management Policies Local Plan (2013) and the (2013) 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.