Agenda item
Former Kensal Rise Branch Library, Bathurst Gardens, London, NW10 5JA (Ref. 14/0846)
Decision:
Granted as recommended with additional conditions for a wider community door, relocation of refuse storage from the basement to the ground floor of the building, additional cycle stands and amendments to S106 Head of Terms to vary the requirement for a community marketing exercise.
Minutes:
PROPOSAL:
Conversion of the existing vacant building to provide 5 residential units (2 x studios, 1 x 1 bed duplex flat and 2 x 2 bed duplex flats) on part ground and upper floors and 186m2 community space (Use Class D1) on the ground floor. Single storey ground floor extension to west elevation, provision of roof extension and communal residential roof terrace fronting onto Bathurst Gardens and creation of basement for bin/cycle store. Provision of new entrance door on Bathurst Gardens serving D1 space with associated cycle parking and landscaping to Bathurst Gardens and College Road. Erection of temporary site hoarding to protect site for period of vacancy.
RECOMMENDATION:
Grant planning permission subject to the completion of a satisfactory Section 106 or other legal agreement and delegate authority to the Head of Planning or other duly authorised person to agree the exact terms thereof on advice from the Director of Legal and Procurement.
The application was deferred at the last meeting for further legal advice on whether the alleged falsification of consultation responses on a previous application relating to the site (reference 13/2058) would be a material planning consideration in the assessment of the current application. Horatio Chance, legal representative, advised that the legal opinion the Council received from Richard Drabble QC confirmed that the allegations were not of material consideration for the purposes of determing the current application.
With reference to the supplementary report, Andy Bates, Area Planning Manager, informed members that the Council would seek to ensure that the community space was provided through appropriately worded clauses within the Section 106 legal agreement and conditions. He clarified that if following the marketing campaign an occupier was not found for the community space, Brent CVS, a membership organisation for the local not for profit sector which seeks to support, promote and develop the voluntary sector, had agreed to have the first right of refusal to prepare a bid. He added that the applicants had confirmed in writing that friends of Kensal rise Library (FKRL) would be named as the actual tenant, subject to satisfactory lease negotiations and management plan. Furthermore, the applicants had confirmed that they had earmarked a sum of £3,000 to be given to the tenant of the community space to fit it out. Andy Bates then referred to correspondence from Councillor Nerva expressing his support for the application and urging members for additional conditions for additional on-street parking and a requirement on the developer to arrange for the hoarding to become a community mural within three months.
Ms Jodi Gramigni, an objector, expressed a view that the building ought to be retained as an asset of community value thus enabling local communities, schools and charities to access the library. She then referred to a petition signed by some 314 people that endorsed her views and urged members to refuse the application for change of use of the historic community asset in accordance with the Localism Act 2011.
Horatio Chance advised that the use of the land would be conditioned and that the building as an asset of community value (ACV) was not in dispute. He explained that the listing of the building as an ACV was a material consideration for the purposes of the Committee and members were obliged to attach whatever weight they deemed necessary during the decision making process. He also clarified for members’ attention that the role of the Committee was to consider the use of the land in planning terms and not to get side tracked with what named party was to be afforded possession of the community space because such matters fell outside of the ambit of the Committee and would be dealt with by the Council in its capacity as ‘”Listing Authority” under the provisions of the Localism Act 2011.
Ms Stephanie Schonfield noted the developments since the last meeting when the application was deferred, as outlined in the report and amplified by the Area Planning Manager. In endorsing the recommendation for approval, Ms Schonfield added that FKRL looked forward to creating a community library for a diverse community for generations to come.
Mr Sandip Sahota, the applicant’s agent, confirmed that FKRL would be the actual tenant for the D1 Use of the building. He continued that in consultation with the local community, a flexible approach to accommodate a variety of community uses had been agreed. In response to members’ questions, Mr Sahota stated that a letter of intent with FKRL had been signed and once planning permission was granted the applicants would resume negotiations with FKRL. He confirmed that spaces had been created in anticipation of the grant of planning permission and added that the applicant proposed to keep refuse facilities in the basement area, accessible by a lift. Mr Sahota continued that additional cycle spaces could be accommodated and that the width of the community door could be increased by 0.4m.
In the ensuing discussion members expressed a view for the refuse facilities to be relocated from the basement to the ground floor level, the community access door to be widened and that there should be an increase in cycle stands. These were voted upon and agreed as additional conditions.
Stephen Weeks, Head of Planning reiterated the amendments to the marketing campaign as outlined by Andy Bates and advised that the suggestion of a mural on the hoarding could be raised with the developer.
DECISION:
Agreed as recommended with additional conditions for the relocation of the refuse facilities from the basement to the ground floor level, wider community access door and an increase in cycle stands.
Note: Councillors Filson and S Choudhary left the meeting room during consideration of the application and took no part in the voting or discussion.
Supporting documents: