Agenda item
Flats 1C-D & 2C, 9 The Avenue, London NW6 (Ref 10/2789)
Decision:
Grant planning permission subject to the completion of a satisfactory Section 106 or other legal agreement and delegate authority to the Head of Area Planning to agree the exact terms thereof on advice from the Director of Legal & Procurement.
Minutes:
PROPOSAL: Demolition of two storey building and erection of 4 storey building plus basement level, consisting of 9 self contained flats (4x 2-bedroom, 3 x 3-bedroom and 2x 4-bedroom), provision of 9 car parking spaces at basement level and associated landscaping. |
RECOMMENDATION: Grant planning permission subject to conditions as amended in condition 2, the completion of a satisfactory Section 106 or other legal agreement and delegate authority to the Head of Area Planning to agree the exact terms thereof on advice from the Director of Legal & Procurement.
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Andy Bates, Area Planning Manager submitted the following clarifications in response to queries raised at the site visit:
Tree Protection
An Arboricultural Method Statement (AMS) had been submitted with the application setting out full details of proposals to ensure that the Holm Oak would be protected during the development of the site. The Tree Protection Officer’s assessment was that the AMS would be sufficient to ensure that the development could be carried out without causing unreasonable harm to the health of the tree. This had been strengthened by condition 9 to ensure that the development would be carried out in strict accordance with the proposals contained in the submitted AMS.
Drawings
The applicant had submitted revised plans to correct the discrepancy on drawing no. 09TA-101-E&P Rev A and in view of that he recommended that condition 2 be updated to refer to the revised plan (09TA-101-E&P Rev B).
Character of the Area
Officers had appraised the design of the proposed building on its own individual merits and considered that the design of the proposed building would provide an appropriate, albeit modern, response to the context of the surrounding area. He added that the relationship of the proposed development and the existing property at No. 11 The Avenue was considered acceptable in design terms.
Overdevelopment and impact on amenities
The planning permission would be subject to the applicant entering into a s106 agreement which would secure a contribution of £45,000 to be used towards mitigating the impact of the development on local amenities.
Sustainability
Having carried out an assessment it was the view of Officers that through other sustainability measures, such as recycling materials from the demolished building, the proposed development would comply with the Council's normal sustainability standards. Compliance with the Council's sustainability requirements would be secured through a s106 legal agreement
Mr David Spero objected to the proposed development on the grounds that it would be out of character with the properties in the area, contrary to the Council’s Unitary Development plan policies and standards on Areas of Distinctive Residential Character (ADRC) and Conservation Areas. Mr Spero claimed that the applicant’s design and access statement were factually incorrect and added that the proposed development was likely to set a precedent for similar undesirable developments in the area in future.
Mr Robin Mills also an objector started by informing members that there was a petition signed by 51 residents objecting to the proposed development on grounds of loss of wildlife, loss of heritage and out of character with neighbouring properties in the area. Mr Mills added that with an increase in the density of population and car usage, the existing parking problems would get worse.
In accordance with the provisions of the Planning Code of Practice Councillor Shaw, ward member stated that she had been approached by objectors to the application. Councillor Shaw raised objections on the following grounds;
(a) Loss of wildlife and oak tree in The Avenue
(b) Unsympathetic development incorporating a design which would be contrary to the Council’s UDP policies and standards and out of character with the area.
(c) The associated increase in population would put an unacceptable pressure on parking and residential amenities including school places.
(d) Access problems and restriction to delivery vehicles to The Avenue.
(d) Unacceptable increase in noise nuisance as well as loss of privacy.
Councillor Shaw requested deferral in order to allow the Council to seek the views of local residents on how the Section 106 financial contribution of £45,000 could be spent locally.
In responding to the issues raised, the Head of Area Planning stated that whilst condition 9 would address concerns on tree protection, he requested that delegated authority be granted to him to agree the wording on control of the car park. He continued that the Council could not insist on traditional form of development on the site adding that in his view, the proposal was acceptable.
DECISION: Planning permission granted subject to conditions to include control of the car park and as amended in condition 2, to add or amend conditions relating to tree protection measures and restricting the use of on-site parking to the occupants, the completion of a satisfactory Section 106 or other legal agreement and delegate authority to the Head of Area Planning to agree the exact terms thereof on advice from the Director of Legal & Procurement. |
Supporting documents: