Agenda item

Demolition of the existing building and redevelopment to provide two buildings: Building 1 comprising one basement level, ground and thirteen upper floors containing car parking, plant, affordable sheltered accommodation and market sheltered accommodation (Class C3), ancillary communal areas; Building 2 comprising sub-basement, two basement levels, ground and eleven upper floors containing plant, car parking, residential accommodation (Class C3) and ancillary leisure; reconfigured vehicular and pedestrian access together with landscaping and other works in association with the development.

 

Additional representations were received from C&C Regal London in the form of a brochure of the proposals (undated) and DP9 (4.7.2019).

 

Late representations were received from Central & Cecil (5.7.2019), Building Control Surveyor (4.7.2019) and Arboricultural Officer (26.6.2019).

 

The presenting officer tabled the following amendments to the draft decision letter:

 

·             Structural report and tree and landscaping details/drawings added/revised.

 

·             Delete condition 26 (tree protection).  Protection of street trees outside of the application site to be secured under the S106 legal agreement.

 

·             Additional Informative (3) For the avoidance of doubt the tree protection methodology and tree surgery in that document are not approved.  Tree protection methodology including details of arboricultural supervision and monitoring will need to be dealt with via the section 106 legal agreement.

 

The presenting officer also tabled a revised officer recommendation as follows:

 

Subject to any views of the Mayor of London, grant conditional permission, subject to a Section 106 legal agreement to secure the following:

 

a)     i)      Provision of affordable housing in the form of 153 units of sheltered     accommodation for the elderly (Class C3) (3 studios, 146 one           bedroom, 4 two bedroom) within floors ground to nine of building 1,      in        perpetuity and at charges made to residents at no higher than         target rent levels or London affordable rent.

 

        ii)      option for previous/existing residents to return to building 1 as a first option subject to their needs being met by the new development.

 

        iii)     100% nomination rights on first occupancy of the affordable housing units and to all true voids arising after first occupancy.

b)     Early and Late Stage viability reviews

 

c)     Not to occupy building 2 until practical completion of building.

 

        Not to occupy more than 25% of Building 2, before practical completion of Building 1.  Not to occupy the remainder of Building 2 until legal transfer of Building 1 to Central & Cecil

 

d)     Highways works to Lodge Road and St John's Wood Road to facilitate the proposed development and including vehicular crossovers and paving.

 

e)      

        i)      Car park strategy for building 1 to provide 33 car parking spaces on                an unallocated basis.

 

        ii)      Car park strategy for building 2 to provide 78 car parking spaces on an unallocated basis and to carry out the development in accordance with a car lift maintenance and management plan.

 

f)      A financial contribution of £20,000 towards tree planting to Lodge Road (index linked and payable on commencement of development).

 

g)     Lifetime Car club membership for the occupiers of Building 1.

 

h)     Provision of Public Art to a minimum value of £60,000

 

i)      Carbon Off-set payment £ 268,493.40

 

j)      Tree protection methodology including details of arboricultural            supervision and monitoring to off site trees.

 

k)     The costs of monitoring the S106 agreement

 

All figures are to be index linked and paid on commencement of development.

 

3.     If the S106 legal agreement has not been completed within six weeks          from of the date of the Committee's resolution then:

 

        a)     The Director of Place Shaping and Town Planning shall consider whether the permission can be issued with additional conditions attached to secure the benefits listed above. If this is possible and appropriate, the Director of Place Shaping and Town Planning is authorised to determine and issue such a decision under Delegated Powers; however, if not

 

        b)     The Director of Place Shaping and Town Planning shall consider whether permission should be refused on the grounds that it has not proved possible to complete an agreement within an appropriate timescale, and that the proposals are unacceptable in the absence of the benefits that would have been secured; if so the Director of Place Shaping and Town Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

 

Jim Pool (DP9) addressed the Committee in support of the application on behalf of the applicant.

 

RESOLVED UNANIMOUSLY:

 

1.        That conditional permission be granted subject to any views of the Mayor of London and

 

2.        Subject to a Section 106 legal agreement to secure the following:

 

           a)   i)    Provision of affordable housing in the form of 153 units of sheltered accommodation for the elderly (Class C3) (3 studios, 146 one bedroom, 4 two bedroom) within floors ground to nine of building 1, in perpetuity and at charges made to residents at no higher than target rent levels or London affordable rent.

 

                 ii)    option for previous/existing residents to return to building 1 as a first option subject to their needs being met by the new development.

 

                 iii)   100% nomination rights on first occupancy of the affordable housing units and to all true voids arising after first occupancy.

 

           b)   Early and Late Stage viabilty reviews

 

           c)   Not to occupy more than 25% of Building 2, before practical completion of Building 1. Not to occupy the remainder of Building 2 until legal transfer of Building 1 to Central & Cecil.

 

           d)   Highways works to Lodge Road and St John's Wood Road to facilitate the proposed development and including vehicular crossovers and paving.

 

           e)   i)    Car park strategy for building 1 to provide 33 car parking spaces on an unallocated basis.

 

                 ii)    Car park strategy for building 2 to provide 78 car parking spaces on an unallocated basis and to carry out the development in accordance with a car lift maintenance and management plan.

 

           f)    A financial contribution of £20,000 towards tree planting to Lodge Road (index linked and payable on commencement of development).

 

           g)   Lifetime Car club membership for the occupiers of Building 1.

          

           h)   Provision of Public Art to a minimum value of £60,000                     

 

           i)    Carbon Off-set payment £ 268,493.40

 

           j)    Tree protection methodology including details of arboricultural supervision and monitoring to off site trees.

 

           k)   The costs of monitoring the S106 agreement All figures are to be index linked and paid on commencement of development.

 

3.        The revisions to the draft decision letter as tabled and set out above.

 

4.        If the S106 legal agreement has not been completed within six weeks from of the date of the Committee's resolution then:

 

           a)   The Director of Place Shaping and Town Planning shall consider whether the permission can be issued with additional conditions attached to secure the benefits listed above. If this is possible and appropriate, the Director of Place Shaping and Town Planning is authorised to determine and issue such a decision under Delegated Powers; however, if not

 

           b)   The Director of Place Shaping and Town Planning shall consider whether permission should be refused on the grounds that it has not proved possible to complete an agreement within an appropriate timescale, and that the proposals are unacceptable in the absence of the benefits that would have been secured; if so the Director of Place Shaping and Town Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.