Decision Maker: Cabinet Member for Finance, Property and Regeneration
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Cabinet Member approval sought.
1. That the Cabinet Member for Finance, Property and Regeneration approved the terms of the Deed of Variation to the Section (S) 106 Agreement and authorised the Council, as freehold owner of the site, to enter into this agreement.
2. That the Cabinet Member for Finance, Property and Regeneration delegated authority to the Growth, Planning and Housing Director of Development to authorise entry into any future deeds of variation in relation to this Site and overarching S.106 Agreement, which do not propose to materially alter the substantive obligations or vary the Council’s liability (as freehold landowner of the site).
Reasons for Decision
1. Latimer Developments Limited have submitted a planning application with allocated reference number 19/05994/FULL. This application seeks to vary the extant permission for the development of the site, to allow for amendments to the community centre refuse .i.e. for it to be relocated with the site. Because this application is considered a “minor material amendment” (under section 73 of the Town and Country Planning Act 1990), the effect of this application being granted will be to create a new standalone permission which will be identical to the existing permission, save for the amendments to the scheme’s refuse arrangements. Because a new planning permission will be created, it is a requirement of the City Council (in its capacity as local planning authority) to ensure that the planning obligations secured under the section 106 agreements secured for the development of this site are linked to this new permission.
2. It is proposed that the City Council, acting in its capacity as freeholder landowner of the site and as a party to the original s106 agreement, enter into the linking Deed of Variation as a “consenting freeholder”. This means that the Developer (Latimer), who have a long-leasehold interest in the site, will be responsible for the undertaking and the various planning obligations, and the City Council will only become liable if it carries out the development itself, or Latimer’s leasehold interest is terminated.
3. The benefit of entry into this agreement is to ensure that the relevant key planning obligations are secured pursuant to the planning permission (which in turn are public benefits to the residents of the City of Westminster/of the Tollgate Garden Estate), namely:
· 124 affordable housing units;
· Securing a Community Centre lease;
· Dedication of new public highway through a highway works scheme;
· Securing residential, disabled and community centre car parking spaces
· Play area and open space provision; and
· Car club membership for the new units.
4. This report also recommends that future deeds of variation, which do not propose to materially alter the terms of the overarching S.106 agreement, are dealt with at officer level. This is proposed so Cabinet Member approval is not required for straightforward administrative decisions which have no differing implications from the original decision, with a view to efficient decision making and the appropriate use of resources.
5. The S.106 Agreement is being entered into by both WCC as landowner and WCC as the Local Planning Authority. The Local Planning Authority’s authority to enter into the agreement derives from the Planning Applications Sub-Committee resolving to approve the planning permission. WCC as landowner requires a separate Cabinet Member decision to enter into the agreement in that capacity.
Publication date: 16/10/2020
Date of decision: 16/10/2020