Agenda item
3 Burnt Oak Broadway, Edgware, HA8 5LD (Ref. 10/1088)
- Meeting of Planning Committee, Tuesday 20 July 2010 7.00 pm (Item 5.)
- View the background to item 5.
Decision:
Grant planning permission subject 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 application 05/0380 dated 12/05/05 for demolition of existing building and replacement with a 5- and part 6-storey building to provide a mixed-use development including basement car-parking, retail at ground and mezzanine levels, and 73 flats in 2 separate blocks and subject to a Deed of Agreement dated 12th May 2005 under Section 106 of the Town and Country Planning Act 1990, as amended. This represents a car free development. |
OFFICER RECOMMENDATION: Grant planning permission subject to the completion of a satisfactory Section 106 or other legal agreement and delegate authority to the Director of Environment and Culture to agree the exact terms thereof on advice from the Borough Solicitor. |
With reference to the tabled supplementary report, Rachel McConnell the Area Planning Manager referred to issues raised by the representatives of QARA including a request to put in secure infrastructure for the area prior to the grant of planning consent, adequate school places and the regularisation of the service roads. She responded that as part of the infrastructure planning for this Growth Area, a number of sites for new health provision had been secured from other planning permissions however, the impact of this proposal for a 70+ unit scheme in this location on the borough boundary was not sufficient to require a health contribution at this point in time. In respect of school places, the Area Planning Manager submitted that the impact of this renewal of permission on the education provision was fairly and reasonably mitigated through the £266,400 standard charge. She noted that by making the rear service road to adoptable standards the on-going problems with fly-tipping to the rear of the sites had significantly improved. The Planning Manager added that as the land to the rear of No. 1Burnt Oak Broadway was not part of the application site, it would be unreasonable to require the applicants to reconstruct this section to adoptable standards. In reiterating the recommendation for approval subject to a section 106 legal agreement the Planning Manager drew members’ attention to the amendment suggested by the Borough Solicitor as set out in the tabled supplementary.
Mr Robert Dunwell speaking on behalf of QARA Group of Associations requested a deferral of the application for further consideration of the concerns expressed about inadequate health infrastructure and the provision of school places within the Burnt Oak/Colindale Growth Area. He added that the service road behind No. 1 Burnt Oak Broadway should be made up to adoptable standards to ensure that fly-tipping problems to the rear of the businesses on this section of Burnt Oak Broadway were addressed.
Mr Mark Pender the applicant’s agent stated that his client would not be able to provide health infrastructure and educational facilities for this application for extension of time but would continue to make the section 106 contribution and honour the agreed variation of deed to progress the service road.
DECISION: Planning permission granted subject to the completion of a satisfactory Section 106 or other legal agreement and delegate authority to the Director of Environment and Culture to agree the exact terms thereof on advice from the Borough Solicitor but to refuse the application if the section 106 agreement has not been entered into by 6 August 2010, but if the application is refused for this reason, to delegate authority to the Director of Environment and Culture, or other duly authorised person, to grant permission in respect of a further application which is either identical to the current one or in his opinion is not materially different, provided that a section 106 agreement in the terms set out above is entered into. |
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