Agenda item

Alterations and extensions to the North, South, Alexandra and Mews Buildings (Castle Lane/Palace Street) for use as affordable housing (Class C3) comprising 86 units; including creation of balconies; construction of a cycle/bin store, lift and staircase to the rear of North Building; soft and hard landscaping including children's play area; cycle parking and other associated works (amendments to planning permission 12/02189/FULL) (site also known as 2-4 Castle Lane)

 

The presenting officer tabled an amended recommendation and Section 106 Head of Terms (in bold):

 

1.       That conditional permission be granted subject to a S106 legal agreement to secure the following:

 

a)          The provision of affordable housing including affordability levels for each tenure type.

 

b)          Free lifetime (25 years) car club membership for residents of the development from first occupation of each residential unit.

 

c)           A fund for covering the Council’s costs of providing White Badge disabled parking bays for residents of the development –  i.e. to pay the City Council with 10 working days of demand all reasonable costs of providing and where necessary removing White Badge disabled parking spaces (if demanded within 20 years from the date of first occupation).

 

d)          A fund to be used by the registered provider and residents of the development for the hiring of a community facility and details of how this fund will be administered i.e. £46,000 to be paid to the Registered Provider within 5 working days of first occupation.

 

e)          To pay £20,000 index linked RPI for the repair of footway and replacement of cracked and loose paving stones along Castle Lane on commencement of development.

 

f)      Monitoring costs.

 

2.               If the S106 legal agreement has not been completed within eight weeks of the date of this resolution then:

 

a)       The Director of Planning shall consider whether it will be possible or appropriate to issue the permission with additional conditions attached to secure the benefits listed above. If so, the Director of Planning is authorised to determine and issue the decision under Delegated Powers; however, if not; 

 

b)      The Director of Planning shall consider whether the permission should be refused on the grounds that the proposals are unacceptable in the absence of benefits which would have been secured; if so, the Director of Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

 

3.               The new affordable housing floorspace of 4,948 sqm (GIA) shall be considered as affordable housing credit to be drawn down by either Landsec or a third party developer instead of on-site provision (subject to committee approval) on other development sites in wards on an agreed list of wards in Westminster for a period of up to ten years in accordance with a memorandum of understanding with the City Council.  

 

The presenting officer also tabled the following amendments to conditions (in bold) to the draft decision letter:

 

Amended Conditions

 

Condition 8

You must apply to us for approval of sound insulation measures and a Noise Assessment Report to demonstrate that the residential units will comply with the Council's noise criteria set out in Condition 7 of this permission and achieve the Overheating Standard as set out in CIBSE Guide A (2006). You must not start work on this part of the development until we have approved what you have sent us. You must then carry out the work according to the details approved before the residential units are occupied and thereafter retain and maintain.

 

Condition 21

Pre Commencement Condition. No development shall take place until a surface water drainage scheme for the site, based on sustainable drainage principles, and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. This should be in line with the principles set out in the Flood Risk Assessment (Ref: WIE14185-100-R-2-3-2-FREA). The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme shall also include: i) details of how the scheme shall be maintained and managed after completion and ii) details of the proposed SuDS features.

 

Condition 23

You must not use the roofs of the plant room and waste store at the rear of the North Block for sitting out or for any other purpose. You can however use the roofs to escape in an emergency or for maintenance purposes. 

 

Additional Informatives

 

1.       A ventilation scheme (with windows closed) achieving compliance with the           Overheating Standard is recommended using the following Cooling hierarchy:

 

i.             Minimise internal heat generation through efficient design.

 

ii.      Reduce the amount of heat entering a building in summer through shading, light colouration, albedo, fenestration, insulation and green roofs and walls

iii.     Manage the heat within the building through exposed internal thermal mass and high ceilings and particularly from heat sources not directly under the control of the occupiers e.g. any communal hot water distribution systems.

 

iv.     Passive ventilation.

 

v.      Mechanical ventilation (e.g. MVHR (with summer override) giving at least 4 air changes per hour (ach);

 

vi.     Active Cooling Systems in the following order of preference;

 

a.     Free cooling technologies;

 

b.     Mechanical active cooling systems (ensuring the system used is the lowest carbon option, will achieve the agreed temperature range, and will not deliver unnecessary cooling).

 

2.     Approval for this residential use has been given on the basis that façade sound insulation and ventilation mitigation measures are being incorporated into the development to prevent ingress of external noise. Occupiers are therefore advised, that once the premises are occupied, any request under the Licensing Act 2003, Environmental Protection Act 1990, Control of Pollution Act 1974 or planning legislation for local authority officers to make an assessment of noise nuisance arising from external sources is likely to be undertaken only if the noise and ventilation mitigation measures installed are in operation i.e. windows kept closed and ventilation scheme utilised

 

A late representation was received from Councillor Hyams (12.6.18).

 

RESOLVED UNANIMOUSLY:

 

1.     That conditional permission be granted subject to:

 

        A.     a S106 legal agreement to secure the following:

 

a)          The provision of affordable housing including affordability levels for each tenure type.

 

b)          Free lifetime (25 years) car club membership for residents of the development from first occupation of each residential unit.

 

c)           A fund for covering the Council’s costs of providing White Badge disabled parking bays for residents of the development –  i.e. to pay the City Council with 10 working days of demand all reasonable costs of providing and where necessary removing White Badge disabled parking spaces (if demanded within 20 years from the date of first occupation).

 

 

d)          A fund to be used by the registered provider and residents of the development for the hiring of a community facility and details of how this fund will be administered i.e. £46,000 to be paid to the Registered Provider within 5 working days of first occupation.

 

e)     To pay £20,000 index linked RPI for the repair of footway and replacement of cracked and loose paving stones along Castle Lane on commencement of development 

 

f)      Monitoring costs.

 

B.       The amended conditions 8, 21 and 23 and the additional informatives as tabled and set out above.

 

2.       If the S106 legal agreement has not been completed within eight weeks of the date of this resolution then:

 

a)      The Director of Planning shall consider whether it will be possible or appropriate to issue the permission with additional conditions attached to secure the benefits listed above. If so, the Director of Planning is authorised to determine and issue the decision under Delegated Powers; however, if not; 

 

b)      The Director of Planning shall consider whether the permission should be refused on the grounds that the proposals are unacceptable in the absence of benefits which would have been secured; if so, the Director of Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

 

3.       The new affordable housing floorspace of 4,948 sqm (GIA) shall be considered as affordable housing credit to be drawn down by either Landsec or a third party developer instead of on-site provision (subject to committee approval) on other development sites in wards on an agreed list of wards in Westminster for a period of up to ten years in accordance with a memorandum of understanding with the City Council.