Agenda item

The report before members detailed an application that proposed the erection of 51 dwelling units. The proposal would include parking spaces, private and communal amenity spaces, cycle storage, vehicle access, hard and soft landscaping,  bin refuse/recycling storage, a pumping station, and associated works.

Members noted that two late letters of representation had been received, one from the London Fire and Emergency Planning Authority and one from Savills on behalf of Havering College.

During the debate members discussed the ownership of the site and the possibility of odours emanating from the Riverside Sewage Works.  Advice was given to members with respect to their duties as decision makers pursuant to Circular 04/2000.  The HSE consultation process was explained.  Reference was made to reports on other applications in the area falling within the Consultation Zones for the pipelines.

Members noted that a Mayoral CIL contribution of £115,380 was liable for the proposed development and RESOLVED subject to no contrary direction pursuant to the objection of the Health and Safety Executive resulting in the application being called in for determination by the Secretary of State within the consultation period that the proposal was unacceptable as it stood but would be acceptable subject to

a)        the prior completion of a Section 106 Legal Agreement under the Town and Country Planning Act 1990 (as amended), to secure the following:

·                     The sum of £229,500 towards the costs of infrastructure associated with the development in accordance with the draft Planning Obligations SPD;

·                     The delivery of a minimum of 50% of the residential units as affordable housing units for affordable rent;

·                     All contribution sums shall include interest to the due date of expenditure and all contribution sums to be subject to indexation from the date of completion of the Section 106 agreement to the date of receipt by the Council;

·                     The Council’s reasonable legal fees for shall be paid prior to completion of the agreement and if for any reason the agreement is not completed the Council’s reasonable legal fees shall be paid in full;

·                     The Council’s planning obligation monitoring fees shall be paid prior to completion of the agreement.

And Provided That no objections being received from the owners of the land following the service of notice in the local press, that Staff be authorised to enter into a legal agreement to secure the above and upon completion of that agreement, grant planning permission subject to the conditions set out in the report and to include the following, amendment to conditions, additional conditions and Heads of terms;

      Affordable housing to be a minimum of 50% for affordable rent.(Head of Terms Section 106). 

      Condition 4 – at point 5) add the wording - to the extent that they are not the statutory responsibility of the drainage authority Condition 16 – Mayor's play space guidance reference to new SPG – Shaping Neighbourhoods Play and Informal Recreation SPG dated 25th September 2012 in Reason .

      Condition 28 – Reference to PPG24 in the Reason to Condition 28 to be replaced by reference to NPPF.

a    Additional condition covering details of foundations design and piling to be submitted and approved prior to commencement.

.Additional condition or amendment to condition to require that the width of the internal access road met LFEPA requirements.

Subject to:-

Recommedation B

In the event that the Section 106 agreement is not signed and completed by the 15^th March 2013 that authority be delegated to Head of Development and Building Control to decide whether planning permission should be refused on the grounds that the proposal does not make adequate arrangements for the provision of affordable housing and for meeting the necessary infrastructure costs arising from the development.