Agenda item

The Cricketers, 17 Kennington Oval (Oval) 18/00338/FUL

Officer’s recommendations:

 

1. Resolve to grant conditional planning permission subject to the completion of an agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) securing the planning obligations listed in the report.

 

2. Agree to delegate authority to the Assistant Director of Planning, Transport and Development to:

 

a. Finalise the recommended conditions as set out in the draft decision notice at Annex 1 of the report, addendums and/or PAC minutes; and

b. Negotiate, agree and finalise the planning obligations as set out in section 20 (paragraph 20.3) of the report, addendums and/or PAC minutes pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended).

 

3. In the event that the committee resolves to refuse planning permission and there is a subsequent appeal, delegated authority is given to the Assistant Director of Planning, Transport and Development, having regard to the heads of terms set out in section 20 (paragraph 20.3) of the report, addendums and/or PAC minutes, to negotiate and complete a document containing obligations pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended) in order to meet the requirement of the Planning Inspector.

 

4. In the event that the Section 106 Agreement is not completed within three months of committee, delegated authority is given to the Assistant Director of Planning, Transport and Development to refuse planning permission for failure to enter into a section 106 agreement to secure the planning obligations identified in section 20 (paragraph 20.3) of the report, addendums and/or the PAC minutes.

 

Minutes:

Case No. 18/00338/FUL (agenda item three, page 3 of the agenda pack, page 1 of the addendum and page 1 of the second addendum).

 

The Planning Officer gave a presentation which included a summary of the report and subsequent addenda that had been published on Friday 01 March 2019 and the day of the meeting. Members were advised of the key material planning issues for consideration which included the development of the pub, the provision of residential units with seven affordable units, the relationship with the Oval Gasholders site, the previous application that was refused in 2016 and the planning obligations.  No viability assessment had been conducted as the proposal met the Mayor of London’s ‘fast track’ approach for affordable housing.  Members were shown images of the existing site, its context, proposed floorplans and elevations. The height of the proposal had been reduce by one storey in response to officer and public comments.

                                                    

Officers then provided the following information in response to questions from Members:

·         The plan for diamond windows in the previous application had not been replicated in this proposal as it was considered too complex.  The cruciform detailing in the balconies would provide the visual link to the gasholders.

·         The roof would have a solid element within the structural glass exterior.  There would be a curve to the glazing to soften the building shape.

·         Photovoltaic panels would be provided on the roof.

·         The development would not meet the expected 35% emissions reduction, but the Mayor of London’s energy hierarchy had been applied.  A zero carbon payment had been secured, which would be allocated towards energy efficiency schemes.

·         The site was not an appropriate size to have Combined Heat and Power (CHP). An informative requested the applicant to engage with the developer of the Gasholder site on the possibility of signing up to the CHP there.

·         Housing was responsible for enforcing parking on Council housing estates.

·         Up to three HGV movements per day associated with the development were expected.  HGV movements had not been provided in the transport assessment.

·         Kennington Park was a seven minute walk from the site.  On-site playspace would be provided for under-5s, although each flat would have private amenity space, and older children could make use of the communal amenity space.

·         There were a number of conditions relating to noise to ensure that the pub could provide live music as had been done in the past. Licensing would also be able to attach noise conditions, and there were review mechanisms for a premises licence if those conditions did not adequately control the noise.  Appropriate sound systems would be used.

·         An electricity substation was necessary due to the power network upgrades associated with the development. UK Power Networks required that an entrance to the sub-station be provided to allow access in the event of power failure. 

·         The smoking area for the pub would be on Clayton Street.  This was considered to be the least harmful location and officers did not envisage it impeding pedestrian flow.  However, when a pub operator was identified, the smoking area could be moved.

·         There was a brick wall between the site and the access road to the Reed House car park.  The Customer Management Plan required that barriers around the smoking area be provided.  Members could add a condition requiring a low wall or guard rail between the site and access road.

·         A remediation strategy was secured via a pre-commencement condition in the event of issues of contamination. 

·         Shrubs would be used to separate the private amenity space and communal amenity space for the affected flat.  This would provide privacy without increasing the sense of enclosure.

 

The Committee considered information provided by officers in conjunction with the report before making the following observations:

·         The proposal would restore a long-unused site and would maintain pub use.

·         Some Members expressed concerns regarding residential amenity, particularly for residents of Clayton Street.  Outdoor seating for the pub would be permitted until late and there were potential issues of unauthorised parking. 

·         Other Members felt that negative impacts of the development could be controlled through the Customer Management Plan and the Licensing regime.

·         The design was of a high standard.

 

It was MOVED by Councillor Wilcox, SECONDED by Councillor Masters, and

 

RESOLVED, by five votes for to one against

 

1.    To GRANT planning permission subject to a Section 106 Agreement and the conditions as outlined in the officer’s report, published addenda and the following:

i.      An informative to Condition 41 requesting that the smoking area be located where it will not harm the amenity of residents of Reed House.

 

2.    Agree to delegate authority to the Assistant Director of Planning, Transport and Development to:

a.      Finalise the recommended conditions as set out in the draft decision notice at Annex 1 of this report, addendums and/or PAC minutes; and

b.      Negotiate, agree and finalise the planning obligations as set out in section 20 (paragraph 20.3) of the report, addendums and/or minutes pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended).

 

3.    In the event that the Section 106 Agreement is not completed within three months of committee, delegated authority is given to the Assistant Director of Planning, Transport and Development to refuse planning permission for failure to enter into a section 106 agreement to secure the planning obligations identified in section 20 (paragraph 20.3) of the report, addendums and/or minutes.

 

 

 

Supporting documents: