Agenda item
Building & grounds, Oriental City, Edgware Road NW9 (Ref. 10/0775)
Decision:
Planning permission granted subject to confirmation that referral to the Government Office for London is not required, conditions, and to the completion of a satisfactory Section 106 or other legal agreement and delegate authority to the Director of Environmental Services to agree the exact terms thereof on advice from the Borough Solicitor.
Minutes:
Extension to time limit of planning permission 06/1652 dated 13/06/2007 for the demolition of existing buildings and redevelopment for mixed-use purposes, comprising Class A1 retail (with a replacement Oriental City [to include a Sui Generis amusement arcade and A3/A5 Uses], new B & Q and bulky goods store, which together should provide 500 jobs), 520 residential units (comprising 1-, 2- and 3-bedroom flats, 4% being affordable) located in eight blocks rising to 3, 6, 9 and 18 storeys above a fifth-floor-level landscaped podium along the Edgware Road, rising to 8, 4, 5 and 2 storeys above the fifth-floor landscaped podium facing Plaza Walk and rising to 3 and 6 storeys above the Grove Park street level; also, a nursery and primary school for 480 children, a health & fitness studio (Use Class D2), associated landscaping, servicing, 1,098 car-parking spaces - comprising 721 spaces for retail users (incl. school drop-off and disabled), 5 staff spaces accessed from Grove Park for the school, and 351 (incl. disabled) spaces for residents and a further 21 disabled spaces on the podium and works to highway. |
OFFICER RECOMMENDATION: Grant planning permission subject to confirmation that referral to the Government Office for London is not required and to the completion of a satisfactory Section 106 or other legal agreement (details below), and delegate authority to the Director of Environmental Services to agree the exact terms thereof on advice from the Borough Solicitor.
|
The Area Planning Manager, Rachel McConnell, advised that the application was to extend the existing planning permission granted on 13 June 2007. She drew Members’ attention to the supplementary information circulated at the meeting which included observations concerning the site visit and further comments received. She also advised of an amendment to the wording of the Section 106 Agreement.
Mr Robert Dunwell, speaking on behalf of the Queensbury Area Residents’ Association and Group of Associations, circulated a statement to all members with the permission of the Chair. Mr Dunwell began by expressing concern that there was no mention in the report of a temporary community space for the Chinese community even though this was included in the Section 106 Agreement. He felt that as the Chinese community had been without a Chinese Centre for over 2 years, that every effort should be made to ensure one was provided within a reasonable time, which he suggested be within 6 months. Mr Dunwell also asked the Committee to consider the pressure on parking spaces for the site, especially in view of Barnet Council’s introduction of a Controlled Parking Zone scheme in the area.
Mr Fai Liu addressed the Committee as the Chair of the Oriental City Tenants’ Association (OCTA) which he stated represented the majority of interests within the Oriental community in the area. He stated that the applicant had failed to re-provide the facilities promised since the removal of the tenants from the site in 2008, even though the applicant had agreed that the displacement would only be temporary. Mr Liu expressed disappointment that there had been no meaningful progress on the site.
In reply to queries from Members, Mr Liu confirmed that OCTA had received a £250,000 contribution from the applicant, however the main concern was the applicant’s failure to re-provide facilities for OCTA that were now over 2 years overdue. He stated that 400sq metres of space dedicated to local residents and groups supporting Oriental Culture on the site was one of the terms in the Section 106 Agreement and that there were some 12,000 Chinese people living in the area. Mr Liu acknowledged that economic circumstances had played its part in the lack of development on the site.
Mr Ben Ford, the applicant’s agent, addressed the Committee and confirmed the applicant’s intention to extend the existing planning permission. Mr Ford, whilst acknowledging the concerns raised by OCTA, stated that the applicant had been powerless to proceed with the development due to the unexpected economic downturn which had not been perceived at the time of the first planning application. He stated that if planning permission was granted, it would provide the opportunity the applicant required to develop the site and that in the meantime OCTA had received a commercial payment from the applicant to assist in its survival. Mr Ford asserted that the Section 106 Agreement included that the applicant provide a temporary community centre and not a temporary Oriental City structure during the construction of the new site.
In reply to questions raised by Members, Mr Ford reiterated that the applicant was legally bound to honour the Section 106 Agreement, which included providing for a new permanent Oriental Centre, a temporary community centre upon commencement of construction and a permanent one upon completion. He stated that the applicant could not provide a guarantee as to when development would start as this was dependent on the economic situation, however the terms of the Section 106 Agreement and conditions would be fulfilled once works started. Members noted that the applicant had anticipated a two year construction period from when the first planning application was submitted. Mr Ford stated that there had been a number of discussions between the applicant, OCTA, the Planning Service and other organisations about progressing the development and that the applicant was only permitted to apply to extend the planning permission once.
During Members’ discussion, Councillor Kataria noted that the proposals included 351 parking spaces for 820 residents and he enquired if there were sufficient parking spaces in the streets surrounding the site. With regard to the Environmental Agency’s objection to the scheme, he sought further views with regard to a flood risk and whether a sustainable drainage system was proposed. Councillor Hasmhi expressed concern that the Chinese community had been without facilities on this site for an excessive period and enquired whether there could be a condition guaranteeing them a community centre.
In reply, the Head of Area Planning, Steve Weeks confirmed that the applicant had met the required parking standards and he noted that there may be a Controlled Parking Scheme in operation in the future. The site also had good public transport links. He commented that the Environmental Agency’s observations had been considered and he explained that a flood risk was not an issue, but rather how water was disposed from the site. A condition that the applicant’s drainage system be designed appropriately addressed this issue. Steve Weeks confirmed that the applicant was required to provide a temporary community centre upon commencement of construction and a permanent community centre upon completion. He advised that if the planning permission was refused and another developer acquired the site, they would not be obliged to provide a community centre
The Committee was advised that it would be unreasonable to add a condition requiring the applicant to provide a community centre regardless of whether the site was developed.
DECISION: Planning permission granted subject to confirmation that referral to the Government Office for London is not required, conditions, and to the completion of a satisfactory Section 106 or other legal agreement and delegate authority to the Director of Environmental Services to agree the exact terms thereof on advice from the Borough Solicitor. |
Supporting documents:
- 4 BUILDING & GROUNDS, ORIENTAL CITY, Edgware Road NW9, item 4. PDF 319 KB
- 4 Supp Info Oriental City Edgware Road, item 4. PDF 54 KB