Agenda item

PROPOSAL: Development of three detached buildings comprising residential units (use class C3); New vehicle and pedestrian accesses and gates; Car parking; Cycle parking; Refuse stores; Soft and hard landscaping including amenity space; and associated ecological related works Details:

Height ranging from 2 - 4 storeys and comprising 37 residential units (22 x 1 Bed, 14 x 2 Bed & 1 x 3 Bed).

RECOMMENDATION A:

1) To agree the reasons for approval as set out in the officer 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 the Section 106 legal agreement and other enabling legislation and issue of the planning permission and subject to minor amendments to the conditions (set out in Appendix 1 of the officer report) or the legal agreement. The Section 106 Agreement Heads of Terms would cover the following matters:

RECOMMENDATION B:

That if by 31 January 2024, 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:

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 (2023), policies D7, H5, H6, H7, E11, S4, G6, G7, SI 2, T4 and DF1 of The London Plan (2021), Affordable Housing & Viability SPG, Mayor of London (2017), Play and Informal Recreation, Mayor of London (2012), policy CS1 of the Core Strategy (2012), policies DM1, DM12, DM20, DM21, DM28, DM43,and DM50 of the Harrow Development Management Polices Local Plan and the Supplementary Planning Document: Planning Obligations & Affordable Housing (2013).

Members requested clarification that the site was within PTAL 3 and this was confirmed by the Officer, Clarification was sought about the badgers’ sett and it was advised that a new sett would be built before works started. Clarification was sought in terms of pedestrian and vehicular access and the officer advised that it was not a through road and would only be used for residents. Members asked about whether there would be a buffer zone as currently there was a tree buffer zone. Officers advised that there would be a buffer zone. Members wanted more clarification about the previous 30,000 objectors who had objected to this application and the officers advised that the previous application had been withdrawn and this was a new application and many changes had been made since the previous application and that there were only 298 objectors for this application, and 70 were out of borough. Members asked that more analysis should be available for out of borough and in borough objectors.

Councillor Nitin Parekh proposed that the application should be refused on the following grounds:

1) The proposal would cause significant harm to the neighbouring residential amenity, in contravention of Policy D 6 of London Plan 2021 and Policy D M 1 of Harrow D M P 2013.

2) Inadequate provision for the parking and safe access to and within the site and substandard vehicular and pedestrian access policy DM 1 and DM 42.

Harrow DMP 2013.

This was seconded by Councillor Peymana Assad.

The refusal was put to the vote, and not agreed.

DECISION:  GRANTED

The Committee wished it to be recorded that the decision to GRANT the application subject to Section 106 was by majority of votes.

Councillors Marilyn Ashton, Christopher Baxter, Samir Sumaria and Zak Wagman voted to grant the application.

Councillors Peymana Assad, Ghazanfar Ali and Nitin Parekh voted against granting the application.