Agenda item

49B And Land Rear Of 47, 49 And 49A And 49B Leigham Court Road (Streatham Wells) 21/03028/FUL

Officer 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) containing the planning obligations listed in this report.

 

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

 

a. Finalise the recommended conditions as set out in this report, addendums and/or PAC minutes; and

b. Negotiate, agree and finalise the planning obligations as set out in this 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 Director of Planning, Transport and Sustainability, having regard to the heads of terms set out in this 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 six months of committee, delegated authority is given to the Director of Planning, Transport and Sustainability to refuse planning permission for failure to enter into a section 106 agreement for the mitigating contributions identified in this report, addendums and/or the PAC minutes.

 

Minutes:

Case No. 21/03028/FUL, (agenda item 3, page 25 of the agenda pack, page 9 of the first addendum and page 7 of the second addendum).

 

The Planning officer introduced the application and verbally updated the Committee on late representations which were not noted in the published addenda. The representations argued that the £45,000 financial contribution to facilitate biodiversity improvements and public accessibility to off-site amenity spaces did not justify the loss of open space resulting from the proposed development, that Conservation Area Consent was required for the demolition of the existing building and that public consultation had not been carried out in accordance with statutory requirements. Officers confirmed that all statutory requirements had been met and all relevant submission documents had been received. Officers also reported that a late representation had been received from the Open Spaces Society.

 

Officers highlighted the following regarding the application:

 

-       There would be cycle parking and waste storage provision on the ground floor.

-       The proposal would provide 35 one-bedroom residential flats, which would be 100% intermediate affordable housing and would be suitable for one person. This would not meet the Council’s required tenure split of 70/30 low cost rent/intermediate housing as detailed in Local Plan policy but was considered acceptable when taking into account the increased level of affordable housing on the Site and the demonstrable need for the product.

-       The units would be sold at a discount of 20% below market value and eligibility criteria would apply regarding living/working in Lambeth.

-       The development would comply with Lambeth’s amenity space requirements. 10% of the dwellings would be wheelchair user units.

-       The proposal required the demolition of part of a locally listed building in order to create an access route to the development and this would result in a low level of less than substantial harm to the locally listed building and the surrounding conservation area.

-       There would be a loss of open space which represented a departure from the Lambeth Local Plan (LLP) Policy EN1, however, Officers were satisfied that this departure would be outweighed by the public benefits of the proposal.  

-       There would be minor adverse levels of harm to the daylight  of eight windows in the surrounding neighbouring properties.

-       16 new trees would be planted on the site, and the submitted Ecological Appraisal confirmed that there were no protected species on site. 

 

 

The Committee then heard the following points from objectors:

-       The departure from Lambeth Local Plan Policy EN1 was not justified and the development would remove the open space for the residents in the neighbouring properties.

-       There had been 140 objections to the proposal, and it would have a negative impact on the local community.  

-       The size, scale and siting of the proposal would lead to loss of daylight and privacy to neighbouring properties as the development would directly face a three-storey neighbouring residential block.

-       10 trees were proposed to be removed within the Conservation Area which was considered unacceptable.

 

 

The following points were raised in support of the application:

-       The site was derelict, overgrown and did not positively contribute to the local community.

-       The proposal would build affordable housing for Lambeth residents and those who work in the Borough with the units being sold at 20% below the market value. 

 

 

Councillor Malcolm Clark, a Streatham Wells Ward Councillor, raised the following points:

-       The proposed development would provide a better land use, open space and community benefit which was welcomed.

-       This scheme would provide more housing in Lambeth and would contribute well to the local economy and community.

-       A suggestion was made to provide a car club parking bay closer to the application site as the nearest bay was currently 600 metres away from the development.

 

Officers provided the following information in response to Member’s questions:

-       The statutory consultation was undertaken in accordance with national and local requirements. It was confirmed that site notices had been placed and letters had been sent to neighbouring properties.

-       Officers concluded from the daylight and sunlight assessment that there would be no unacceptable sunlight, daylight and overshadowing impacts on neighbouring properties.

-       The proposed demolition of part of the locally listed building at 49B would enable servicing and disabled vehicular access to the site. There would be one disabled parking space provided from the outset on the site. A swept path analysis was presented showing a worst-case scenario illustrating a 10.3-metre vehicle accessing and egressing the site in forward gear. A Section 278 agreement would be required regarding the extension of the existing crossover for vehicles to enter the site.

-       The Council aimed for 400m gaps between car club bays within the Borough. There was a gap in coverage in this area and the nearest bay would be approximately 600m from the development. It would be up to car club providers as to whether they would want to put a bay within 400m of the site.

-       The communal garden would not be unacceptably harmed in relation to daylight and sunlight as at least 50 per cent of the garden space should receive at least two hours of daylight at the spring equinox, which was the 21 March.

-       The stairwell size was discussed, and Officers advised that Building Control had raised no concerns with the means of escape, and this would be further considered as part of a Building Regulations application. 

-       Each unit within the development would have two sets of windows which would enable airflow and ventilation, which were located away from the road and would not provide poor air quality to future occupiers. The ground floor windows would include gratings to provide security and privacy.

-       An ecological and biodiversity assessment had been carried out and it was concluded that the site would be a good location for hedgehog nesting.

-       There would be a loss of 10 trees on the site and Officers were content that the tree loss would be justifiable as the trees were not of high quality and provide little visual amenity to the surrounding area.

 

 

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

-       The balance was between the regrettable loss of open space and the provision of affordable homes in Lambeth.

-       The current site had been neglected by owners and the proposed units met the minimum size requirements.

-       The view was expressed that the proposed benefits did not outweigh the loss of open space, the departure from Policy EN1 or the negative impact on the locally listed building.

-       The ecological state of the application site and the provision made for biodiversity provided reassurance that the ecology would be enhanced by the development.

 

 

21/03028/FUL

It was MOVED by Councillor J Simpson, SECONDED by Councillor Seedat

 

And

 

RESOLVED, with four votes for and one vote against

 

 

1. To GRANT conditional planning permission subject to completion of an agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) containing the planning obligations listed in the report and published addenda and subject to the following: 

 

a.    An additional planning obligation to secure a £20,000 financial contribution towards the delivery on a new car club bay and an electric vehicle charging point within 400m of the application site.

b.    An additional informative to advise that details of the boundary treatment should incorporate measures to allow the free movement of small animals and mammals such as hedgehogs during construction and post-occupation.

c.     An additional informative to note the suggestion of the local ward councillor (Cllr Malcolm Clark) that the Community Use Contribution be invested in the Woodlawns Centre, 16 Leigham Court Road, which he remarked was a much-valued community centre and social space less than 150m from the application site.

 

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

a.    Finalise the recommended conditions as set out in this report, addendums and/or PAC minutes; and

b.  Negotiate, agree and finalise the planning obligations as set out in this 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 Section 106 Agreement is not completed within six months of committee, delegated authority is given to the Director of Planning, Transport and Development to refuse planning permission for failure to enter into a section 106 agreement for the mitigating contributions identified in this report, addendums and/or the PAC minutes.

 

 

 

Supporting documents: