Agenda item
Former Oriental City, 399 Edgware Road, Kingsbury, London, NW9 (12/2166)
Decision:
(a) Granted planning permission subject to conditions, incorporating revisions to conditions 3, 6, 10, 19, 21, 37 and 40, additional condition relating to community use of school, additional Head of Term requiring link between the retail element of the scheme and housing and referral to the Mayor of London and the Secretary of State as a departure from the development plan and subject to an appropriate form of Agreement in order to secure the measures set out in the Section 106 Details section of this report, or
(b) If within a reasonable period the applicant fails to enter into an appropriate agreement in order to meet the policies of the Unitary Development Plan, Core Strategy and Section 106 Planning Obligations Supplementary Planning Document, to delegate authority to the Head of Area Planning, or other duly authorised person, to refuse planning permission.
Minutes:
PROPOSAL: A hybrid planning application, as amended by plans received 1 November 2012, for the demolition of all existing buildings and structures and: Full planning permission (Phase 1) for comprehensive mixed-use development comprising full planning permission the erection of a 7,817sqm gross external area (GEA) Class A1 retail food store with associated service and delivery yard; 5,207sqm GEA of new Oriental and Far Eastern Floor space to include shops, financial and professional services, restaurants and cafes, drinking establishments, hot food takeaways and non-residential institutions (Class A1, A2, A3, A4, A5, B1 and D1); podium slab along Airco Close; a site-wide energy centre; associated car parking spaces, motorcycle parking spaces and cycle parking spaces; associated landscaping and public realm works; new vehicular access from Grove Park and vehicular access from Plaza Walk and associated highway works; and Outline planning permission (Phases 2 and 3) comprising residential floor space (Class C3, accompanied by illustrative residential accommodation schedule indicating 183 residential units), associated car parking spaces and cycle parking spaces, associated landscaping and new vehicular access from Airco Close (Phase 2, all matters reserved) and two form of entry primary school and nursery (Class D1, Phase 3, all matters reserved).
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RECOMMENDATION:
(a) Grant planning permission subject to conditions, incorporating revisions to conditions 3, 6, 10, 19, 21, 37 and 40, additional condition relating to community use of school, additional Head of Term requiring link between the retail element of the scheme and housing and referral to the Mayor of London and the Secretary of State as a departure from the development plan and subject to an appropriate form of Agreement in order to secure the measures set out in the Section 106 Details section of this report, or (b) If within a reasonable period the applicant fails to enter into an appropriate agreement in order to meet the policies of the Unitary Development Plan, Core Strategy and Section 106 Planning Obligations Supplementary Planning Document, to delegate authority to the Head of Area Planning, or other duly authorised person, to refuse planning permission.
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Rachel McConnell, Area Planning Manager in reference to the tabled supplementary report informed members about additional concerns raised on traffic, lack of public green space/children's play, the size of the proposed community space and inadequate consultation with the Chinese community. She informed members that apart from consultation, those issues raised had been dealt with in the main report.
In respect of consultation, she stated that letters were sent to those who commented on the previous planning application and in addition to local consultation site notices and publication of press notices were posted. A Statement of Community Involvement which set out the consultation carried out prior to submission of the planning application was also submitted by the applicant as part of the planning application. Rachel McConnell then referred to the issues raised in the two petitions submitted as well as issues raised by Robert Dunwell of Queensbury Area Residents’ Association (QARA) and drew members’ attention to officers’ responses as set out in the supplementary report.
Rachel McConnell then reported on further comments provided by Transportation on Capitol Way/Stag Lane Junction adding that it was proposed to widen the approach by 1.0m to provide a two lane entry lanes on to Stag Lane (north) arm of the mini-roundabout. Funding for these works would be secured as part of the Section 106 contribution towards highway improvements. Members also heard that due to viability constraints of the scheme, Transport for London (TfL) had welcomed the applicant’s contribution of £20,000 to carry out feasibility study improvements after the development was open for business. In reiterating the recommendation for approval, the Area Planning Manager drew members’ attention to revised conditions 3, 6, 10, 19, 21, 37 and 40, additional condition on community use of school, further revision to Condition 19 to amend hours of delivery to between 06:00 and 22:00and amended Heads of Terms as set out in the supplementary report.
Mr Seb Malde, Chair of Grove Park Residents’ Association whilst welcoming the proposed development in respect of its reduced size, provision of housing and education, emphasised the need for a health facility to cater for the additional residents. He also urged the Committee for major traffic improvements to be made to the junctions of Capitol Way and Grove Park with Edgware Road. Mr Malde also highlighted the need for community use of the proposed school. In response to members’ questions, Mr Malde stated that although he had seen the traffic management plan, he still had concerns on traffic congestion to which the development could give rise. He expressed a view for community space within the development to be increased from 28sqm to 35sqm. In respect of health service provision, Mr Malde responded that as the health centre facility which was supposed to be built for the Roberts Court development had not been delivered, the Stag Lane clinic which had only two General Practitioners (GPs) would be inadequate to meet the needs of the residents for the proposed development.
Mr David Ho, Chair of North London Chinese Association stated that the applicant’s provision for 28sqm of office space and a space to celebrate the Chinese New Year and New Moon Festival was inadequate to meet the needs of the Chinese community. In response to a member’s question, Mr Ho stated that his community would prefer 4,000sq feet of free office space.
Mr Shun Au speaking on behalf of the Chinese Mental Health Association (CMHA) welcomed the principle of the development but added that in order to meet the needs of the community the CMHA would require office space of 400sqm instead of 28sqm to be provided by the applicant. In responding to members’ questions, Mr Au stated that due to the reduced size of the development, his community would accept 200sqm to enable it to open its services to everyone within the community. He clarified that although CMHA was based in Hackney and had not previously operated in the former Oriental City site, most of their clients lived in the North and North West London areas and principally in Barnet and Brent.
Robert Dunwell Chair of QARA Group of Associations though welcomed the proposed development in general, he raised the following matters:
· Request a meaningful increase in proposed Chinese/Oriental community space.
· Request 'no cost usage' of school amenity space.
· Clear signage to distinguish 'Oriental' part of the building development.
· Request re-instatement of provision of 'temporary' cultural community space in the locality with costs met by the developer.
· The need to address traffic flows in the vicinity of the development.
Mr Jabez Lamb, who alleged that he coordinated the ‘Save the Oriental City campaign’ and advised the applicant on security issues, spoke in support of the application. Mr Lamb stated that at the time of closure of the former Oriental City site, a community centre or space was not available on site. He continued that within the current economic climate he felt it would not be viable for the applicant to offer 4,00sqm for a scheme that had been heavily reduced.
Mr Ben Ford, the applicant’s agent stated that although the scheme had been reduced by about 50% from the original scheme that was previously granted planning permission, it would deliver Brent’s Core Strategy and provide a catalyst for economic and social regeneration in addition to infrastructure provision including a school and a nursery development. He added that access to the school for community usage would be made available.
In response to members’ questions, Mr Ford stated that the scheme which was scheduled for opening in December 2014 would make land available for school development and that there would be no limitation on any party or group taking community space including the frontage for market stalls at the prevailing market rent. He continued that the applicant would make a financial contribution of £150,000 as part of the Section 106 legal agreement towards the provision of a health facility. In respect of community floor space, Mr Ford confirmed that the applicant would accept an increase from 28sqm to 35sqm and that he would submit a revised plan to reflect that.
The legal representative advised members that decisions on this and all other applications should be based on planning merits and that if any member felt that their judgement would be compromised or impaired due to their involvement in any application then they should refrain from voting on it. Councillor Hashmi confirmed that whilst he had visited the former Oriental City complex, he had no interest to declare. Councillor Kabir also confirmed that she had met with Mr Ho and discussed the need for a community centre prior to her membership of the Committee but she had no interest to declare.
DECISION: Granted planning permission as recommended with further revision to Condition 19 to amend hours of delivery to between 06:00 and 22:00 and increase in community floorspace from 28sqm to 35sqm. |
Supporting documents: