Agenda and minutes

Apologies for absence were received from Cllr McNamara, for whom Cllr Demirci was substituting, from Cllr Rice, for whom Cllr Egan was substituting and from Cllr Reece, for whom Cllr Solomon was substituting.

It being a special meeting of the Committee, under the Council’s Constitution, Part 4, Section B, Paragraph 17, no other business shall be considered at the meeting.

There were no new items of urgent business, however an addendum report, amending elements of agenda items 4 and 5, had been laid round for all Committee Members.

A member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.

A member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member's judgment of the public interest and if this interest affects their financial position or the financial position of a person or body as described in paragraph 8 of the Code of Conduct and/or if it relates to the determining of any approval, consent, licence, permission or registration in relation to them or any person or body described in paragraph 8 of the Code of Conduct.

There were no declarations of interest.

Erection of a part 5, part 7, part 10 and part 12 storey building at Block NW2 of the Hale Village master plan, to comprise student accommodation (557 bed spaces) and associated facilities including reception, office, plant room, store room, refuse store, cycle store, common room, laundry room, courtyard and associated works.

RECOMMENDATION: Grant permission subject to conditions and subject to sec.106 Legal Agreement.

The Committee considered a report, previously circulated, which set out the application, the site and surroundings, planning history, relevant planning policy, consultation and relevant factors for consideration. The Planning Officer presented the report, highlighting key issues, and advised the Committee of amendments which had been made to the application description, drawing numbers, cluster numbers, proportion of rooms facing north and the size of the central courtyard as set out in the tabled addendum report. The Committee was advised that, since the circulation of the report, the proposed South block had now been removed in response to the GLA comments on the application.

The Committee examined the plans and were advised on the recommendations in respect of the section 106 agreement, as set out in the addendum report, and how this related to the wider section 106 for the Hale Village development as a whole, which the Committee would be considering later on the agenda. 

The Committee asked questions of the officers. In response to a question regarding the difference between the existing s106 agreement and what was proposed, it was reported that the overall amount for the site remained the same (index-linked), but that, as proposed in the report later on the agenda, each plot owner would have a proportion of the overall liability, including for the NW2 block. The proposals set out later in the agenda were reported as increasing the probability of the Council receiving a large part of the appropriate contributions under the Section 106 agreement. Cllr Demirci expressed concern at the number of applications and variations that had been submitted in relation to this development subsequent to initial planning permission being granted in 2006, and hoped strongly that this trend would not continue.

In response to a question from the Committee regarding the impact of the application on public transport provision, it was reported that TfL and the Council’s transportation department had assessed that the proposal would have a very limited impact on public transport. The Committee also asked about cycling provision, and the possibility of increasing the number of parking spaces for disabled students in response to demand, in response to which officers responded that there were 261 cycle spaces for block NW2, approximately one for every two units, which was within the guidelines recommended by TfL. It was confirmed that the number of parking spaces for disabled students could be reviewed, in response to demand.  In response to a question regarding the provision of units for disabled students, the Committee was advised that there was a small number of units available for immediate use, and a further number which could be adapted in response to specific needs as required.

The Committee asked whether the development of a further student block would have any impact on the demand for open market housing in the development, in response to which it was reported that occupier interest in open market housing on the site was beginning to increase; developers had taken on Pavilions 1 and 2 with  ...  view the full minutes text for item 137.

Report of the Assistant Director, Planning and Regeneration to recommend that the Hale Village s106 legal agreement signed in 2007 be revised.

TO FOLLOW

The Committee considered a report, previously circulated, which set out the background and current position, the proposed revisions to the s106 agreement, the potential benefits and implications of agreeing these s106 revisions and other relevant factors. The presentation of the report highlighted the key issues, and advised the Committee of the proposed amendments to the recommendations of the report, which were covered in the tabled addendum. The Committee was advised of the revisions proposed in the report, which included provisions that £2.6m would be paid within 21 days of signing the new agreement, with a further £0.5m to be paid within 4 months of the new agreement, phased payments of up to £2.647m linked to future land sales, 60% of sales overage receipts (subject to conditions) for the balance of up to £3.664m and proportionate liability for plot leaseholders. The revisions provided for up to £10.2m s106 contributions, indexed to November 2010. The Committee was advised that receipt of the contributions would be dependent on the performance of the housing market and that there was a risk that the full £10.2m would not be delivered. Officers felt that the current proposals, however, offered the best prospect of securing the optimum amount of contributions.

The Committee expressed concern that this would be an issue that was referred back to the Committee for further revision in future, and sought assurance that this would not be the case, in response to which officers advised that they were seeking an end to the renegotiations; it was felt that the proposed revisions offered the best chance of reaching a final agreement on this issue, enabling the development to move forward on a stable basis. The Committee asked about the position with the health centre, in response to which it was reported that the Core Strategy stated that this site should have a health facility, the applicant was committed to having a health facility on the site and construction of a building for a health facility was due to be completed within the year; the Council was meeting with the PCT on a quarterly basis to encourage them to occupy the site, however current changes to the NHS arrangements meant that this work would be ongoing.

The Committee asked whether agreeing the proposals would put the Council in a less favourable position than at present, in response to which it was reported that it was felt that this approach would give the Council the best chance of receiving the maximum level of contributions. In response to a question from the Committee, it was confirmed that any successive owners of the site would be bound by the Section 106 agreement. The Committee expressed concern that amounts owed to Anglo Irish Bank (AIB) and the Homes and Communities Agency (HCA), as mentioned in the report, might take precedence over s106 contributions to the Council, in response to which officers reported that, while detailed figures could not be discussed in public, the current projections indicated that, while repaying those  ...  view the full minutes text for item 138.

Extension of time limit for implementation of outline planning permission HGY/2006/1177 granted 9^th October 2007 for a mixed used redevelopment of the site comprising of demolition of all structures and remediation for the development of a mixed use scheme comprising up to 1210 residential units (Use Class C3), student accommodation (C2), office (B1), hotel (C1), retail (A1, A2, A3, A4, A% and B1) uses, a health centre (D1), a health club (D2), crèche (D1) and a primary school, with provision for underground and on-street car parking, to be comprised within separate building blocks ranging in height from 1 to 18 storeys, incorporating public open space, an unculverted watercourse and Combined Heat and Power (CHP) with associated renewable energy systems.

RECOMMENDATION: Grant permission for the development ref. no. HGY/2010/1897 (dated 8 October 2010) subject to conditions and subject to a pre-condition that the applicant and the owners of the application site shall first have entered into a Deed of Variation to the legal agreement dated 9 October 2007 under Section 106 of the Town and Country Planning Act 1990 (as amended) and Section 16 of the Greater London Council (General Powers) Act 1974 as detailed in the separate report on this Agenda to:

·        Secure a firm date for payment of much of the ‘triggered’ funding obligations that are currently owed;

·        Re-profile some of the remaining funding obligation payments;

·        Make some of the funding obligation payments subject to achieving increased open market residential sales values;

·        Clarify that specific plot leaseholders should have proportionate liability for some of the funding obligations; and

·        Incorporate other appropriate amendments to reflect scheme changes.

The Committee considered a report, previously circulated, which set out the application, the site and surroundings, planning history, consultation, planning policy and other relevant factors. The Planning Officer presented the report, outlining the key issues.

The Chair moved the recommendation and it was:

RESOLVED

That the development be granted in accordance with the application dated 8 October 2010, (reference number HGY/2010/1897) subject to the following conditions and subject to a pre-condition that the applicant and the owners of the application site shall first have entered into a Deed of Variation to the legal agreement dated 9 October 2007 under Section 106 of the Town and Country Planning Act 1990 (as amended) and Section 16 of the Greater London Council (General Powers) Act 1974 as detailed in the separate report on this agenda to:

• Secure a firm date for payment of much of the “triggered” funding obligations that are currently owed;
• Re-profile some of the remaining funding obligation payments;
• Make some of the funding obligation payments subject to achieving increased open market residential sales values;
• Clarify that specific plot leaseholders should have proportionate liability for some of the funding obligations; and
• Incorporate other appropriate amendments to reflect scheme changes.

Conditions:

1. This permission is granted in OUTLINE, in accordance with the provisions of Regulations 3  & 4 of the Town & Country Planning (General Development Procedure) 1995 and before any development is commenced, the approval of the Local Planning Authority shall be obtained to the following reserved matters, namely: a) design, b) external appearance, d) means of enclosure, f) landscaping.  Full particulars of these reserved matters, including plans, sections and elevations, all to an appropriate scale, and any other supporting documents indicating details of B1) the materials to be used on all external surfaces, B2) details of boundary walls, fencing and other means of enclosure, B3) the provision for parking, loading and turning of vehicles within the site, shall be submitted to the Local Planning Authority for the purpose of obtaining their approval, in writing. The development shall then be carried out in complete accordance with those particulars.

2. Application must be made to the Local Planning Authority for approval of any matters reserved in this OUTLINE planning permission, not later than the expiration of 3 years from the date of this permission, and the development hereby authorised must be begun not later than whichever is the later of the following dates, failing which the permission shall be of no effect:  a) The expiration of 5 years from the date of this permission.  or  b) The expiration of 2 years from the final date of approval of any of the reserved matters.   

Reason: This condition is imposed by virtue of Section 92 of the Town & Country Planning Act 1990 and to prevent the accumulation of unimplemented planning permissions.

3. The residential development hereby permitted shall not exceed 1210 separate dwellings, whether flats or houses.

Reason: To ensure a comprehensive and sustainable development in order to control the overall density levels within the development  ...  view the full minutes text for item 139.

Monday, 14^th February 2011, 7pm.

Monday, 14^th February, 2011 at 7pm.

The meeting closed at 9pm.