Issue - meetings

To seek Members agreement not to include a requirement for the new development on the above site to be ‘car-free’.

The officer presented the report and advised that the Planning Committee had at its meeting on 8 September 2008, resolved to grant permission for the building of five flats at 235-237 Archway Road N6, subject to a Section 106 Legal Agreement.  The Section 106 Agreement sought an education contribution and included provision for the scheme to be car-free.  The applicants had declined to sign the Section 106 Legal Agreement because they considered there were no grounds for the scheme to be car-free.

Given the applicants were unwilling to enter into the Section 106 agreement the Council would therefore have to refuse the application on the grounds of inadequate parking provision for the development.  This decision could therefore, in turn, be subject to a planning appeal and it would be for the LPA to demonstrate that the proposal would adversely affect parking conditions within the immediate vicinity of the site and amenities of neighbouring occupiers.

It was particularly noted there was a parking bay area, which could provide parking for four cars, immediately next to the side frontage of the site.  It was further considered that the on-street car parking generated with the proposal could be accommodated within the immediate vicinity of the site without adversely affecting the parking conditions of other local residents.

Given the specific nature of the site, the comments contained in the previous appeal decision and the existing level of public transport use, it was considered that the request for this scheme to be car-free was onerous and one which would be difficult to successfully justify and defend on appeal.

The Committee was asked to confirm their decision of 8 September 2008 to grant permission for the development of the site, subject to a Section 106 Legal Agreement without the request that the scheme be ‘car-free’ and therefore without any need for an amendment of the Traffic Management Order.

The Chair moved a motion to agree the recommendation that the Section 106 Agreement for this development should not include the clause requiring the development to be ‘car-free’.  On a vote there being 1 against and 7 in favour the motion was carried.

RESOLVED

That the application be granted planning permission, subject to a Section 106 Legal Agreement without the clause requiring the development to be ‘car-free’ be agreed.