Agenda item

Demolition of buildings and redevelopment to provide two six storey buildings above lower ground and row of three storey townhouses comprising up to 168 residential units with ancillary facilities (Class C3) and a Sports Hall (Class D2), and associated car park, energy centre and all other works incidental to the proposed development.

A late representation was received from Westminster City Council’s Children’s Services Department (03/11/17).

The presenting officer tabled the following amendments (in bold) to Part 1 of the recommendation:

1.         Subject to referral to the Mayor of London, grant conditional permission, subject to the satisfactory completion of a section 106 agreement or undertaking to secure the following:

a)        Provision of 59 affordable units on-site (comprising of 40 social rented units and 19 intermediate units) at appropriate rental and eligibility levels agreed with the Affordable Housing Supply Manager and/or any further requirements following referral to the Mayor of London;          

b)        Provision of three social rented units on the Fisherton Street carpark site (ref: 17/09337/FULL), to be provided prior to the occupation of any market housing on the application site;

c)         Developer undertaking to use best endeavours to negotiate a connection and supply agreement with the Church Street District Heating Scheme (CSDHS) or an appropriate fall-back position if the CSDHS does not go ahead;

d)        Subject to further study, provision of a carbon offset payment of £226,800.00 or any other figure as may be agreed with the Director of Planning (index linked and payable on occupation of any residential unit);

e)        A payment of £3 million (index linked and payable on commencement of development) toward the Green Spine, wayfinding (Legible London) and public realm improvements surrounding the application site;

f)          Highway works associated with the development;

g)        Provision of lifetime car club membership (25 years) for each affordable residential unit and any market unit that does not benefit from an allocated parking space in the development;

h)        Provision of a Walkways Agreement to ensure that pedestrian routes through the development are open to the public 24 hours a day and maintained;

i)          Provision of the sports and recreation facility for the local community and prior to occupation of the market housing;

j)          Offering local employment opportunities during construction;

k)         Offering local employment opportunities during operation of the sports and recreation hall; and l) Payment of cost of monitoring the agreement.

REASONS:

As the City Council has a Development Agreement with the applicant, a unilateral undertaking may be required instead of a s106 agreement. The amendment allows for a unilateral undertaking to be agreed in place of a s106 agreement if necessary

Additional requirements for the affordable housing may come from the Mayor of London at Stage 2. The proposed amendment allows for this to be accomplished within the legal agreement without referral back to the Committee.

The proposed development is liable for a carbon offset payment of £226,800.00 as the residential units are not zero carbon, as per policy 5.2 of the London Plan. However, this is subject to further sustainable design work and is dependent on the CSDHS coming forward. This figure may therefore change.

The £3 million payment is the maximum the applicant can provide and is payable on commencement of development. It should therefore not be index linked.

Lifetime car club membership is only required for the affordable units and any market unit that does not benefit from an allocated parking space.

Councillor Barbara Grahame addressed the Sub-Committee in her capacity as Ward member.

RESOLVED:

1)            That subject to referral to the Mayor of London, conditional permission as amended be granted, subject to the satisfactory completion of a section 106 agreement or undertaking to secure the following:

a)            Provision of 59 affordable units on-site (comprising of 40 social rented units and 19 intermediate units) at appropriate rental and eligibility levels agreed with the Affordable Housing Supply Manager and/or any further requirements following referral to the Mayor of London;

b)            Provision of three social rented units on the Fisherton Street carpark site (ref: 17/09337/FULL), to be provided prior to the occupation of any market housing on the application site;

c)            Developer undertaking to use best endeavours to negotiate a connection and supply agreement with the Church Street District Heating Scheme (CSDHS) or an appropriate fall-back position if the CSDHS does not go ahead;

d)            Subject to further study, provision of a carbon offset payment of £226,800.00 or any other figure as may be agreed with the Director of Planning (index linked and payable on occupation of any residential unit);

e)            A payment of £3 million (payable on commencement of development) toward the Green Spine, wayfinding (Legible London) and public realm improvements surrounding the application site;

f)             Highway works associated with the development;

g)            Provision of lifetime car club membership (25 years) for each affordable residential unit and any market unit that does not benefit from an allocated parking space in the development;

h)            Provision of a Walkways Agreement to ensure that pedestrian routes through the development are open to the public 24 hours a day and maintained;

i)             Provision of the sports and recreation facility for the local community and prior to occupation of the market housing;

j)             Offering local employment opportunities during construction;

k)            Offering local employment opportunities during operation of the sports and recreation hall; and

l)             l) Payment of cost of monitoring the agreement.

2)           That if the section 106 agreement had not been completed within six weeks from of the date of the Committee's resolution, then:

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

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

3)        That the Committee authorised the making of a draft order pursuant to s247 of the Town and Country Planning Act 1990 for the stopping up and alteration to parts of the public highway to enable the development to take place. That the Director of Planning, Executive Director of City Management, or other such proper officer of the City Council responsible for highway functions, be authorised to take all necessary procedural steps in conjunction with the making of the orders and to make the orders as proposed. The applicant would be required to cover all costs of the Council in progressing the stopping up orders.