Decision details

Authorisation to progress S.247 Agreement Under the Town and Country Planning Act 1990

Decision Maker: Interim Assistant Director for Planning, Building Standards &Sustainability

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

To authorise the Head of Legal Services to prepare and seal a S.247 Agreement Under the Town and Country Planning Act 1990 in relation to the Stopping Up of a section of footpath along White Hart Lane fronting 500 White Hart Lane. The legal fees and cost associated with the agreement is to be paid by the applicant.

Reasons for the decision:

Planning permission (HGY/2016/0828) was granted for outline application with matters of layout, scale, appearance and landscaping reserved for mixed use redevelopment to comprise the demolition of existing buildings/ structures and associated site clearance and erection of new buildings / structures to provide residential units, employment uses (Use Class B1 and B8), retail uses (Use Class A1 and A3), community uses (Use Class D1) associated access, parking and servicing space, infrastructure, public realm works and ancillary development. The Council subsequently granted planning permission (HGY/2018/0047) on 27 March 2018 for the reserved matters under permission HGY/2016/0828.
We are seeking authorisation to progress the stopping-up of the public highway ( a section of verge) in order to enable development to be carried out in accordance with planning permissions HGY/2016/0828 ad HGY/2018/0047 under Part III of the 1990 Act to stop up the section of footways as per the Stopping UP Order Plan A13467/SUO/01 attached.
This section of public highways forms part of the verge and is not part of the existing footways, hence the stopping up of this section of footway will not affect the existing residual footways width. In addition, we have retained a section of the verge to re-site the existing bus shelter and widen the footways to remove and existing pinch point. Improvement works to the public highway known as Land at 500 White Hart Lane, London N17 7NA shall be carried out pursuant to an agreement connected to the reserved matters planning permission granted under Part III of the Act to Fairview New Homes (Properties) Ltd by the London Borough of Haringey with planning reference HGY/2018/0047, such works to include relocation of the bus shelter and reconfiguration of the kerb line.
Consultation was undertaken from Friday 23rd February 2018 for a period of 28 days. We received five representations from: Virgin Media, National Grid, Essex and Suffolk Water, Thames Water and Zayo Group (AboveNet) none of the undertaker objected to the stopping up order. We are therefore seeking authority to confirm the stopping up order.

Alternative options considered:

To refuse the application for a stopping-up order. This option was rejected as to do so would restrict development, for which planning permission has been granted, without any reasonable reason for doing so.

Publication date: 23/04/2018

Date of decision: 09/04/2018