Agenda item

1/01, 59-65 The Heights, Lowlands Road, P/4901/21


PROPOSAL:  five storey front extension comprising of thirty two shared living units (Use Class Sui Generis); replacement of windows to front elevation; landscaping.


The Committee resolved to accept officer recommendations.




The Committee was asked to:


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


grant planning permission subject to the Conditions listed in Appendix 1 and the Addendum and the planning obligations in the report and  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 and subject to minor amendments to the conditions (set out in Appendix 1 of this report) and Addendum or the legal agreement. The Section 106 Agreement Heads of Terms would cover the following matters:


1.              Tenure and Management

·       Tenure and Management Strategy.


2.              Affordable Housing Contribution and Viability Review

·       Commuted Sum - £160,000

·       To pay the affordable housing contribution prior to the commencement of development

·       Early and Late Stage Review


3.              Carbon Offset

·       Requiring payment of the carbon offset contribution ((£22,610)) prior to

·       commencement of development.

·       Post-construction assessment to determine if the proposed carbon

·       reductions have been achieved and whether an additional carbon offset

·       contribution (residential element) is required to offset any shortfall,

·       calculated at £1,800 per tonne of carbon.


4.              Energy Centre

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


5.              Highways and Parking/ Travel Plan Monitoring

·       Baseline Survey to be completed prior to commencement of development and surveys to be conducted in year 1, 3 and 5 of the development, following the baseline survey.

·       Submission of financial costs associated with the Travel Plan are to be provided by the developer.

·       Submission of an updated Travel Plan based on the framework travel plan prior to occupation and to cover an initial monitoring period of 5 years.

·       Travel Plan Monitoring fees/bond to be secured with the latter only to be used in the event of the development not meeting targets in year 5.

·       Appointment of a travel plan co-ordinator.

·       Permit Restriction

·       Parking permits for the surrounding CPZ

·       Contribution of £1500 to amend the relevant traffic management order. This is necessary in order to minimise the possibility of overspill parking onto the surrounding roads and also encourage sustainable travel.


6.              Employment and Training - Construction Employment


·       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 will include:

I.              employment initiatives opportunities relating to the construction of the Development and details of sector delivery;

II.            the provision of appropriate training with the objectives of ensuring effective transition into work and sustainable job outcomes;

III.          the timings and arrangements for implementation of such initiatives and

IV.          suitable mechanisms for the monitoring of the effectiveness of such initiatives

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

·       A financial contribution towards the management and delivery of the construction training programme based on the construction value of the development.  This is calculated using the formula: £2,500 per £1,000,000 build cost.


7.              Legal Costs and Monitoring Fee

·       Legal fees: 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.

·       Planning Administration Fee: Payment of £1580 administration fee for the monitoring and compliance of the legal agreement.




That if, by 27 October 2022 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 Chief Planning Officer to REFUSE planning permission for the following reason:


1)              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 (2021), policies D2, E10, SI2, SI3, and DF1 of The London Plan (2021), policy CS1 of the Core Strategy (2012), AAP9 of the Harrow and Wealdstone Area Action Plan (2013), policies DM1, DM13, DM34, and DM50 of the Harrow Development Management Polices Local Plan and the Supplementary Planning Document: Planning Obligations & Affordable Housing (2013).




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


Councillors Ali and Parekh voted to grant the application.


Councillors Ashton, Assad, Baxter, Patel and Wagman abstained from voting.

Supporting documents: