-
PLANNING COMMITTEE
[email protected]
References: P/2020/0526 00607/BA/P3
Address: Plot G, Brentford Waterside, High Street Brentford TW8
0AB
Proposal: Retention of a nine-storey temporary car park for
temporary use providing maximum of 150 car parking spaces, 17
motorbike spaces with ancillary storage space and access and 154
sqm (GIA) of D2 floorspace for meanwhile uses (amended
description)
This application has been referred to Planning Committee
following consultation of Members through the Pending Decisions
List (29 May – 5 June 2020) but has not been able to be considered
until this meeting owing to limited agenda space.
Application received: 20 February 2019
1.0 SUMMARY 1.1 Retrospective permission is sought to retain the
existing car park building for up to
five years. The building is located on Plot G of the wider
Brentford Waterside regeneration site, where a mixed-use
development of retail, commercial, leisure and residential uses,
and nearly 900 homes is being built.
1.2 The building has car parking for the site and town centre as
required by a planning obligation from the original planning
permission for the wider development. This obligation requires
provision of at least 150 parking spaces on the site during the
construction of the approved scheme. The car parking was originally
required to be on Plot J up until a permanent car park (of up to
606 spaces) was built on Plot G.
1.3 Notably the existing unfinished concrete structure, which
was commenced without permission, will be incorporated within a
permanent building for Plot G. Full details for the permanent
building agreed by the Planning Committee in August 2019 with
reserved matters approval granted on 21 September 2020.
1.4 This application would regularise the existing situation and
allow details of the temporary car park arrangements to be secured,
along with variation of the exiting legal agreement to reflect the
changed location of the temporary car park. Existing restrictions
requiring the completion of the permanent car parking arrangements
before allowing the first occupation of various phases of the
development will be maintained to ensure the completion of the
permanent car park.
1.5 Approval is recommended as the car park satisfies the intent
of the planning
obligation to provide temporary car parking in the town centre
up until the completion of the permanent building on Plot G.
-
2.0 SITE 2.1 The application site corresponds with the majority
of ‘Plot G’ of the wider
development site known as Brentford Waterside that has planning
permission for a phased development on the south side of Brentford
High Street. It fronts Brentford High Street and Dock Road forms
its western boundary.
2.2 The approved Brentford Waterside scheme is for the
comprehensive regeneration of a large area of Brentford town
centre. The development would transform the southern side of
Brentford town centre between the High Street and the River Brent
with a mix of retail and other commercial uses, housing, leisure
and amenity uses over the eleven main development plots, with new
buildings of up to 10-storeys.
2.3 Plot G is located at the north-eastern corner of the larger
site. The site is not within a Conservation Area, however Dock Road
itself, and the properties west of Dock Road are within Grand Union
Canal & Boston Manor Conservation Area. St Paul’s Conservation
Area includes land to the northwest, north and north east of the
site. There are Grade II listed buildings nearby at No. 80 High
Street and the former County Court building.
2.4 A multi-storey car park, of concrete construction, has been
built on the site. The car
park is accessed from Dock Road. Further details are given in
section 4.0 below.
Figure 1: Application site
3.0 PLANNING HISTORY 3.1 Planning permission 00607/BA/P2 was
granted on 2 April 2015 for the complete
redevelopment of land to the south of Brentford High Street (the
Brentford Waterside scheme) with a mixed use development of retail,
commercial, leisure and residential uses, comprising maximum of
111,821sqm (GEA) of floor space and 876 homes is under construction
with preliminary works of demolition having commenced.
-
3.2 This approved scheme included the development of plot to be
developed by the Council (Plot D). In 2020 permission (00607/BN/S1)
was granted for an alternative design for this part of the scheme
to increase the number of homes on the site from 80 to 96 (100%
affordable housing). There have been a series of non-material
amendments to the original planning permission that have altered
the wording of some conditions relating to phasing, building
design, and the configuration of uses, Non- Material Amendment
00607/BA/P2(NMA4) application was agreed on 23 July 2019 to
introduce minor changes to the height of the north-eastern corner
of Plot G.
3.3 The original permission includes a Design Code and Maximum
Parameters that
guide and control the final details of the parts of the site
that were approved only in outline, with matters of appearance,
landscaping, layout, access and scale all reserved for final
approval.
3.4 There is also a s106 legal agreement that secured various
planning obligations. The
obligations include a requirement to provide a minimum of 150
car parking on the site during the construction of the development.
The obligation required this temporary car parking to be located at
Plot J up until such a time as the permanent multi-storey car park
at Plot G was completed.
Figure 2: Agreed Location of Temporary Parking on Plot J
Plot G Outline Permission 3.5 The outline permission for
development of Plot G was for: Residential use (Class C3) with
three storeys of leisure/cultural use (Class D1/D2)
for boat storage and 9 storeys of car parking’. The car park was
to accommodate a maximum 606 parking spaces.
Plot G Reserved Matters Approval
Plot J
temporary car
parking
High Street
-
3.6 On 1 August 2019 the Planning Committee approved Reserved
Matters for Plot G.
The reserved matters agreed were for a mixed-use building with
30 homes, retail space (220 sqm) and 519 car and 18 motorbike
parking spaces plus stacked boat storage (173 sqm). Access for
vehicles to the car park would be from Montgomery Lane (off
Brentford High Street). Images of the agreed permanent building on
Plot G are shown below. Reserved Matters Approval for the full
details of the new building was granted on 21 September 2020 with a
varied legal agreement. It is understood that the permanent scheme
would be commenced in 2022 and completed by 2025.
Image 3: Plot G – Agreed reserved matters (south-west
elevation)
-
Image 4: Plot G – Agreed reserved matters (north-east
elevation)
Image 5: View of approved building looking west along Brentford
High Street
-
Image 6: Plot G - Approved permanent building, High Street
Elevation
3.7 Advertisement consent (00607/BA/AD1) for display of painted
murals at the site was
granted on 27 November 2020. 4.0 DETAILS OF THE PROPOSAL 4.1
Planning permission is sought for the car park structure on the
site (for up to five
years). The building was erected without consent. Although it is
proposed that the existing structure will be incorporated within a
permanent building as part of the approved development of Plot G,
the reserved matters for that plot were not agreed at the time the
structure was built. This application would regularise the existing
breach of planning controls.
4.2 The building provides car parking in a temporary arrangement
for the site and town
centre as required by a planning obligation from the original
planning permission. This obligation requires a minimum of 150 car
parking spaces to be provided on the site during the construction
of the approved scheme (replacing car parking that existed across
the wider development site prior to construction works commencing).
The car parking was originally required to be on Plot J up until a
permanent multi-storey car park was completed on Plot G (the
site).
-
4.3 The building erected is of concrete construction and has an
access ramp from Dock Road, pedestrian entrances from Brentford
High Street and to the east (new Montgomery Lane), with car parking
over 9 floors. The structure can accommodate 509 car and 17
motorcycle spaces, which is corresponds to the number of parking
numbers in the agreed final design of the permanent Plot G
building, but its capacity has been limited to a maximum of 150
cars for the time being.
4.4 Vehicular entry to the car park is from Dock Road with
barriers restricting entry/ exit
to the lower floor. The ground floor has mostly accessible car
parking bays for blue badge holders (29 spaces) and includes access
strips within the aisles in line with the standard arrangement
within a one-way circulation pattern.
4.5 The temporary car park utilises Dock Road for entry but this
would be removed once
the permanent building is built, with a new entry to be provided
from Montogomery Lane.
5.0 CONSULTATION 5.1 A site notice and a press notice advertised
the proposal as a major application, with
consultation letters sent to statutory consultees and nearby
properties. 5.2 The application was included on the Pending
Decisions List (29 May- 5 June 2020)
sent to ward members of Isleworth and Brentford, local amenity
societies and posted on the Council’s website for information.
Councillors requested the application be determined by the Planning
Committee if it was recommended for approval.
5.3 A total of 50 submissions objecting to the proposal were
received. A summary of the
issues raised in the responses is given below.
Comment Response Design
Proposal is out of keeping with the character of the area.
Too high, exceeds height of maximum parameters as should be
seven storeys not nine.
Massing, height, scale, setting, design, sustainability,
relationship to neighbours, microclimate, biodiversity, skyline,
views and visual interest this proposal pays no regard to Local
Policy CC3 clauses (a) to (t).
It has no basement that would mitigate the overbearing nature of
the structure when assessed against Local Policy CC3.
The car park that has been built is temporary and would be
subsumed within the permanent building for Plot G.
The height and bulk of the building conforms to the agreed
maximum parameters which were considered previously to be
compatible with the surrounding context. There is a lower ground/
semi-basement level.
-
Traffic and parking
Traffic will add to congestion on local roads.
508 parking spaces is too many and would adversely affect air
quality and health. Parking should be no more than 150 spaces (not
exceeding the original permission for temporary car parking.
Should have electric vehicle charging points.
The approved development includes a permanent car park for up to
606 parking spaces on the site. The traffic impacts of the approved
scheme were considered acceptable and traffic generated by the
development would not be of such significance that there would be
undue highways impacts.
The temporary car park is restricted to a maximum of 150 car
parking spaces, conforming to the planning obligation from the
original permission that requires at least 150 temporary car
parking spaces to be provided during construction of the wider
development.
The car park has 30 electric vehicle charging spaces.
Other
Too close to road, how will cycleway be accommodated?
Cobblestones to Dock Road would be demolished.
It has a single use rather than a mixed use development of
Leisure/ Cultural, Residential, Commercial/ Retail and Car
Parking.
Work has already commenced.
The planned cycleway will be designed to maintain adequate
footway width and will take account of existing and consented
buildings along its route including at Plot G.
The surface of Dock Road is to be retained.
The current application (00607/BA/P3) is only for a temporary
car park. The Reserved Matters Approval for Plot G (00607/BA/P4)
approved the final design for the building on Plot G, with this
including a mix of uses including housing.
This planning application would regularise the unauthorised work
which did commence without permission.
5.4 Transport for London (TfL) – TfL objected to the original
arrangement showing 508
spaces as it would attract car trips to Brentford, and
recommended further review and restriction of parking numbers
(maximum of 150 spaces), and conditions to secure access,
management and the temporary operation of the car park.
5.5 The applicant subsequently agreed to limit the capacity of
the temporary car park
(through use of controlled entry) to a maximum of 150 parking
spaces, as well as conditions around access and management.
-
6.0 POLICY
Determining applications for full or outline planning
permission
6.1 The determination must be made in accordance with the
development plan unless material considerations indicate otherwise.
Local finance considerations must also be assessed.
The National Planning Policy Framework
6.2 The National Planning Policy Framework (NPPF) was revised on
19 February 2019. The April 2014 National Planning Practice
Guidance (NPPG) is an online guidance resource that supports the
NPPF. Where pertinent, the NPPF and NPPG are material
considerations to be taken into account in decision-making. The
Development Plan
6.3 The Development Plan for the Borough comprises the Hounslow
Local Plan
2015, the West London Waste Plan and the London Plan
Consolidated with Alterations since 2011.
6.4 The Intend to Publish London Plan was published on 9
December 2019, following
Examination in Public. Its policies are capable of being
material considerations in planning decisions as per paragraph 48
of the National Planning Policy Framework. The Secretary of State
(“SoS”) made a direction on 13 March 2020 that the plan cannot be
published until certain changes have been made (to look to increase
housing delivery, amongst other matters), but policies not subject
to that direction may now be given significant weight. The Mayor of
London Issued a ‘Publication London Plan’ on 21 December 2020 that
seeks to address the SoS Direction.
6.5 The Council is currently undertaking two Local Plan Reviews;
the West of
Borough Local Plan review and the Great West Corridor Local Plan
review. 6.6 The adopted Local Plan documents and emerging Local
Plan Review documents
can be viewed on the Planning Policy pages of the Hounslow
website.
London Plan
5.3 Sustainable design and construction
5.7 Renewable energy
5.13 Sustainable drainage
5.21 Contaminated land
6.3 Assessing effects of development on transport capacity
6.9 Cycling
6.13 Parking (and Parking Addendum)
7.1 Lifetime neighbourhoods
7.2 An inclusive environment
7.3 Designing out crime
7.4 Local character
7.5 Public realm
7.6 Architecture
7.7 Tall buildings
-
7.8 Conservation
7.13 Safety, security and resilience to emergency
7.14 Improving air quality
7.15 Reducing and managing noise, improving and enhancing the
acoustic environment and promoting appropriate soundscapes.
8.2 Planning obligations
Intend to Publish London Plan
D4 Delivering good design D5 Inclusive design D9 Tall buildings
D14 Noise HC1 Heritage conservation and growth SI1 Improving air
quality SI2 Minimising greenhouse gas emissions SI12 Flood risk
management T4 Assessing and mitigating transport impacts T5 Cycling
T6 Car parking
London Plan Supplementary Planning Guidance (“SPG”)
Accessible London SPG 2014 Character and Context SPG 2014
Hounslow Local Plan Policies
Spatial Strategy Brentford CC1 Context and character CC2 Urban
design and architecture CC3 Tall Buildings CC4 Conservation GB7
Biodiversity EQ1 Energy and carbon reduction EQ2 Sustainable design
and construction EQ3 Flood risk and surface water management EQ4
Air quality EQ5 Noise EQ6 Lighting EQ8 Contamination EC2 Developing
a sustainable local transport network
7.0 ASSSESSMENT
Background 7.1 The site forms Plot G of the wider regeneration
scheme known as Brentford
Waterside, which involves the comprehensive redevelopment of
land south of Brentford High Street to the River Brent. It has
outline planning permission for the
-
development of a building that would be predominately a
multi-storey car park with some housing, as well as retail and
leisure uses to the ground floor.
7.2 The original permission for the wider scheme has a number of
development phases.
The different plots of the approved scheme are as follows:
Image 7: Brentford Waterside development plots
7.3 An obligation from the legal agreement for the scheme
required a temporary car park to be provided on Plot J in the
centre of the site during the construction of the wider scheme. The
obligation requires a minimum of 150 car parking spaces to be
provided throughout the construction period, up until the
completion of a multi-storey car park on Plot G (providing up to
606 spaces).
7.4 The applicant considered that it would be more sensible to
provide temporary
parking at Plot G, which is at the perimeter of the wider site
instead of Plot J which is in the middle of the site. This would
limit potential conflicts between users of the car park and
construction work and access to other development plots. The
temporary car park built on Plot G would satisfy the obligation to
provide parking during construction and would then be completed to
become a permanent building (in accordance with the agreed reserved
matters).
7.5 As described in paragraph 3.6 above, the permanent car park
and building at Plot G
has been approved. This permanent building will alter and extend
the existing car park structure to add external cladding, as well
as residential, commercial and leisure uses. The car park access
would be altered with the entry to be from Montgomery Wharf Alley,
and a new junction with the High Street would be created. The
existing vehicle access to the car park from Dock road would be
closed.
-
7.6 As both the principle of a car park building on the site and
its final details have been
agreed, by the outline permission and the reserved matters
approval respectively, the maximum parameters including for
building footprint and height are established. The building that
has been erected is within these agreed parameters. Therefore the
key planning issues in respect of the temporary building are as
follows: A. Urban design and impacts on the townscape B.
Sustainability C. Impacts on neighbours D. Transport E. Other
environmental matters
A. Urban design and impacts on the townscape 7.7 The NPPF states
the creation of high quality buildings and places is fundamental
to
what the planning and development process should achieve. Good
design is a key aspect of sustainable development, creates better
places in which to live and work and helps make development
acceptable to communities.
7.8 LP 7.4 says development should have regard to the pattern
and grain of existing
streets in orientation, scale, proportion and mass, and other
policies including 7.3 (designing out crime) 7.5 (public realm) and
7.6 (architecture) also emphasise design quality and ensuring
development relates well to its surrounds. The Intend to Publish LP
also emphasises good design.
7.9 The HLP has policies with similar objectives. HLP policy CC1
states that
development proposals should have due regard to the Hounslow
Context and Character Study 2014 and policy CC2 states that the
Council will retain, promote and support high quality urban design
and architecture to create, attractive, distinctive, and liveable
places. Policy CC3 outlines the approach to tall buildings, stating
that to contribute to regeneration and growth, high quality tall
buildings in identified locations which accord with the principles
of sustainable development will be supported with such buildings to
be high quality and sensitive to their surrounds. There are also
heritage assets in the locality including the former Brentford
County Court, 80 High Street (each Grade II listed) and locally
listed Dock Road.
7.10 In this case the overall height, footprint and general form
of the building conforms to
the development envisaged on the site and agreed in both the
original planning permission and subsequent Reserved Matters
Approval. The current structure is proposed as a temporary
building, to provide car parking to satisfy the legal obligation
for parking provision during construction. As such, the building
would be a temporary addition to the townscape. Ultimately the
concrete structure is to be incorporated within the permanent
building that has been approved on Plot G.
-
7.11 The existing car park building has a height of 29.757m AOD
with the top of the lift/ stairwell tower being 34.64m AOD. This is
consistent with the agreed maximum parameters of 30.0m AOD (with a
further allowance for parapets (+1.5m) and service components/ roof
plant (+3.0m) and 34.85m AOD for the lift/ stairwell tower.
7.12 Given the building’s unfinished concrete and lack of
cladding, it lacks good quality
materials and articulation and so it makes a negative
contribution to the townscape. Therefore its design is not of a
sufficiently high quality to remain permanently. Separate
advertisement consent has been granted to display artistic murals
that provide interest and give the building a more acceptable
appearance until the permanent building is completed. Subject to a
condition that limits the time period of the permission, the
temporary retention of the building as built is satisfactory.
B. Sustainability
7.13 Current LP policy 5.2 and the Intend to publish LP requires
developments to make the fullest practicable contribution to
minimising CO2 emissions with buildings to be designed to reduce
energy demand and incorporate renewable energy. HLP policy EQ1 of
the LP says all development should meet the carbon dioxide emission
reduction requirements of the London Plan, and major developments
should consider additional energy reduction measures.
7.14 In this instance the existing building, an open sided
multi-storey car park, has minimal energy needs in accordance with
the policy objective of maximising carbon savings, as it has no
heating or cooling requirements, and it is to be provided in its
current form for a temporary period. Energy efficient lighting
(automated by sensors) has been installed. The existing building is
to be eventually imported within a permanent building ensuring the
lifespan of the structure is maximised.
C. Impacts on neighbours 7.15 LP policy 7.6 requires new
buildings to not cause unacceptable harm to the amenity
of the surrounding land and buildings, particularly residential
buildings in relation to privacy, overshadowing, wind and
microclimate. HLP policy CC2 requires new development to be of a
design that minimises overbearingness and overshadowing, to
surrounding dwellings.
7.16 The car park building falls within the agreed maximum
parameters for Plot G and will
eventually be incorporated within a larger permanent building.
It would be no closer to future housing on nearby sites or taller
than the permanent building approved on the site. The building’s
size and location are therefore acceptable as there would not be
harmful impacts on occupiers of neighbouring sites.
D. Transport impacts 7.17 The NPPF seeks to actively manage
patterns of growth to make the fullest possible
use of public transport, walking and cycling, and focus
significant development in locations that can be made
sustainable.
-
7.18 The Intend to Publish LP, current LP and HLP all contain
policies with similar objectives which require assessment of
cumulative impacts on transport capacity to be considered locally
and over the wider network, as well as promoting more sustainable
transport modes including cycling and walking. Car parking policies
including the Intend to Publish LP policy T4 aim to ensure parking
is minimised. Where car parking is permitted it should make
provision for accessible parking and electric vehicles, and include
parking management plans.
7.19 The current development seeks to provide temporary public
car parking as required
by a planning obligation relating to the approved wider
redevelopment scheme. A total of 150 parking spaces would be
available for use by visitors to the town centre during the
construction of the wider scheme, satisfying the planning
obligation.
7.20 Vehicle access is from the High Street, temporarily using
Dock Road and the existing
junction. Traffic impacts from the temporary car park (limited
to 150 spaces) are satisfactory given temporary provision of at
least 150 car parking spaces was considered during the assessment
of the original scheme, whilst the agreed Reserved Matters for Plot
G has also approved 519 car spaces. The latter is a reduction from
the original outline permission for Plot G, which granted consent
up to 606 parking spaces. The maximum of 150 spaces would be
controlled by an automatic number plate recognition system (“APNR”)
that would restrict access and egress through a barrier control.
The APNR system would advise the car park was ‘FULL’ once the
maximum number of spaces had been used. A total of 30 spaces with
electric vehicle charging points and 29 blue badge holder
(accessible) spaces have been provided. The building is fully
accessible with a lift to each storey.
7.21 The relocation of the temporary parking from Plot J to Plot
G is satisfactory as the
access to the Plot G car park is closer to the High Street with
this being more legible for visitors and it would limit potential
conflict with construction traffic (including for pedestrians
walking to and from the car park). This would also be a more
efficient arrangement as the temporary parking would be able to be
readily converted to permanent spaces, allowing the construction
work for the approved development on Plot J to be undertaken sooner
than if it had to accommodate parking temporarily. The existing
legal agreement needs to be varied to refer to the relocated
location of the parking, secure it for town centre parking (short
term public parking with no subletting or contract parking on a
similar cost basis to other town centre car parks).
7.22 The proposed parking and access arrangements are acceptable
as the development
satisfies the planning obligation requiring temporary parking to
be provided on the site during construction of the wider
redevelopment scheme, and this would not cause undue impacts on
traffic and parking conditions in the locality.
E. Other environmental matters
Air quality
7.23 The site is within the Air Quality Management Area (AQMA)
that covers the whole Borough and by definition suffers from poor
air quality. The Intend to Publish LP policy SI 1 and HLP policy
EQ4 look to avoid increased exposure to existing poor air
-
quality and make provision to address local problems of air
quality and be at least ‘air quality neutral’.
7.24 The temporary car park capacity has been limited to not
exceed 150 spaces, which
is the minimum number required to meet the planning obligation
that applies to the wider scheme. As noted, the agreed design for
the permanent building on the site, which will incorporate the
current structure, would have 508 parking spaces, which is a
significant reduction than the approved 606 spaces (16% lower),
with this outcome contributing to the objective of minimising air
pollution.
Flooding and Drainage
7.25 HLP policy EQ3 on flood risk and surface water management
states that development should ensure that flood risk is reduced by
ensuring that developments are located appropriately and
incorporate any necessary flood resistance and resilience. The site
is protected by flooding by an existing concrete wall along the
riverside to the southern side of Plot G. This existing flood
defence has not been altered by the development.
Contamination
7.26 HLP policy EQ8 says the Council will ensure that
contamination is properly considered and promote the remediation of
land where development comes forward, consistent with the Council’s
Contaminated Land Strategy and the NPPF. There has been prior
investigation of the ground conditions relating to Plot G
undertaken to satisfy a condition from the permission for the wider
scheme. Details of site investigations and a remediation strategy
to be followed were approved in January 2019 with the development
informed by this.
8.0 Equalities Duties
8.1 The public sector equality duty applies to all council
decisions.
8.2 A public authority or any person who exercises public
functions must, in the exercise of those functions, have due regard
to the need to:
(a) eliminate discrimination, harassment, victimisation and any
other conduct prohibited by or under the Act;
(b) advance equality of opportunity between persons who share a
relevant protected characteristic and persons who do not share
it;
(c) foster good relations between persons who share a relevant
protected characteristic and persons who do not share it.
8.3 Having due regard to the need to advance equality of
opportunity, this involves having due regard, in particular, to the
need to:
(a) remove or minimise disadvantages suffered by persons who
share a relevant protected characteristic that are connected to
that characteristic;
-
(b) take steps to meet the needs of persons who share a relevant
protected characteristic that are different from the needs of
persons who do not share it;
(c) encourage persons who share a relevant protected
characteristic to participate in public life or in any other
activity in which participation by such persons is
disproportionately low.
8.4 This shall include, in particular, but is not limited to
steps to take account of disabled persons' disabilities.
8.5 The exercise of public functions must have due regard to the
need to foster good relations between persons who share a relevant
protected characteristic and those who do not, in particular, to
the need to:
(a) tackle prejudice; and
(b) promote understanding.
8.6 Compliance with these duties may involve treating some
persons more favourably than others. This is not to be taken as
permitting conduct that would otherwise be prohibited by or under
the Act.
8.7 The relevant protected characteristics are: age; disability;
gender reassignment; pregnancy and maternity; race; religion or
belief; sex; marriage and civil partnership; and sexual
orientation.
8.8 Due regard needs to be demonstrated in the decision making
process and requires an analysis of the material with the specific
statutory considerations in mind. It does not follow that the
considerations raised will be decisive in a particular case the
weight given to them will be for the decision maker. The equalities
duty is not a duty to achieve a particular result. Some equalities
considerations are covered under other legislation such as building
control matters. Officers have in considering this application and
preparing this report had regard to the public sector equality duty
and have concluded that due regard has been given to the Council’s
duty in respect of its equalities duties and that if approving or
refusing this proposal the Council will be acting in compliance
with its duties.
9.0 Planning Obligations 9.1 Local Plan Policy IMP3 seeks to
ensure that development proposals fully mitigate
the impacts of the development on the area through a Section 106
Agreement, where necessary or appropriate, having regard to
supplementary planning document and provide the CIL payments
required by any charging scheduled, including the Mayor of London’s
CIL. A payment or other benefit offered in a Section 106 agreement
is not material to a decision to grant planning permission and
cannot be required unless it complies with the provisions of the
Community Infrastructure Levy Regulations 2010 (Regulation 122),
which provide that the planning obligation must be:
(a) necessary to make the development acceptable in planning
terms;
(b) directly related to the development; and
-
(c) fairly and reasonably related in scale and kind to the
development.
9.2 The Section 106 agreement will not address all the impacts
since some of these will be addressed by CIL, in order to satisfy
the Regulation 122 tests above.
9.3 The NPPG provides guidance on use of planning obligations,
which may impose a
restriction or requirement, or provide for payment to make
acceptable development proposals that might otherwise not be
acceptable in planning terms. The Council’s Supplementary Planning
Document on Planning Obligations (2008) contains guidance on
imposition of planning obligations in compliance with such
guidance. These obligations may offset shortfalls in the scheme or
mitigate a development’s impacts.
9.4 The original s106 agreement relating to the planning
permission for the wider
development (00607/BA/P2) should be varied to secure:
i. the new location of temporary car parking ii. a limit of 150
car parking spaces (short term public parking with no subletting
or
contract parking, pay and display on a similar cost basis to
other town centre car parks).
10.0 LOCAL FINANCE CONSIDERATIONS AND THE COMMUNITY
INFRASTRUCTURE LEVY
10.1 Section 70(2) of the Town and Country Planning Act 1990 (as
amended) provides that a local planning authority must have regard
to a local finance consideration as far as it is material. A local
finance consideration means:
a) a grant or other financial assistance that has been, or will
or could be, provided to
a relevant authority by a Minister of the Crown; or
b) sums that a relevant authority has received, or will or could
receive, in payment of Community Infrastructure Levy (CIL).
10.2 The weight to be attached to a local finance consideration
remains a matter for the decision maker. The Mayor of London's CIL
and Hounslow CIL are therefore material considerations.
10.3 Most new development which creates net additional floor
space of 100 square metres or more, or creates a new dwelling, is
potentially liable to pay the CIL to Hounslow and the Mayor of
London.
10.4 In this instance no CIL is payable as the planning
permission is to be granted for a
limited period. It is noted the CIL liability for the permanent
development at Plot G has been calculated to be £4,484,494.85.
11.0 CONCLUSION 11.1 It is recommended that permission be
granted for the multi-storey car park building,
for a temporary period of up to five years, as it satisfies the
obligation of the original
http://www.legislation.gov.uk/ukpga/2011/20/section/143/enacted
-
planning permission for the wider development to provide car
parking for the site and town centre during construction works.
11.2 The incomplete structure is to eventually be incorporated
within the permanent
building for Plot G for which final details have been agreed.
11.3 The car park itself would not result in undue impacts traffic
and parking conditions or
the amenity of the locality, and appropriate account has been
made for accessible parking and electric vehicle charging
points.
11.4 Therefore, subject to the recommended conditions and
variation of the existing legal
agreement, approval of planning permission for a temporary
period is recommended. 12.0 RECOMMENDATION 12.1 That planning
permission be granted with the following conditions (subject to
any
minor variation of condition wording) and securing the
abovementioned planning obligations by the prior completion of a
satisfactory legal agreement or unilateral undertaking made under
Section 106 of the Town and Country Planning Act 1990 and of
highways agreements under Sections 38 and 278 of the Highways Act
1980 (at the appropriate time) and or other appropriate
legislation, the exact terms of which shall be negotiated by
appropriate officers within the Housing, Planning and Communities
Department on the advice of the Assistant Director Corporate
Governance.
The satisfactory legal agreement or unilateral undertaking
outlined above shall be completed and planning permission issued by
3 April 2021 or such extended period as may be agreed in writing by
appropriate officers within the Housing, Planning and Communities
Department or within Legal Services.
If the legal agreement or unilateral undertaking is not
completed by the date specified above (or any agreed extended
period), then the Chief Planning Officer or Head of Development
Management is hereby authorised to refuse planning permission for
the reason that the proposal should include planning obligations
required to make the development acceptable in planning terms in
accordance with Regulation 122 of the Community Infrastructure Levy
Regulations 2010, development plan policies and the Planning
Obligations SPD, described in this Report.
Following the grant of planning permission, where (a) requested
to enter into a deed of variation or legal agreement in connection
with the planning permission hereby approved and by the person(s)
bound by the legal agreement authorised in paragraph 1 above, and
(b) where the planning obligations are not materially affected, and
(c) there is no monetary cost to the Council, the Chief Planning
Officer or Head of Development Management is hereby authorised (in
consultation with the Chair of the Planning Committee and upon the
advice of the Assistant Director Corporate Governance) to enter
into a legal agreement(s) (deed of variation) made under Sections
106 and/or 106A of the Town and Country Planning Act 1990 and or
other appropriate legislation.
-
If planning permission is refused following the failure to sign
the S106 in time, the Chief Planning Officer or Head of Development
Management (in consultation with the Chair of the Planning
Committee) is hereby authorised to approve any further application
for planning permission validated within 12 months of the date of
refusal of planning permission, provided that it (a) duplicates the
planning application, and (b) that there has not been any material
change in circumstances in the relevant planning considerations,
and (c) that a satisfactory legal agreement or unilateral
undertaking securing the obligations set out in the Report is
completed within any specified period of time.
12.2 Conditions:
1 NSTD Temporary time limit
The development hereby permitted as a temporary pay and display
publically accessible car park, for up to 150 car parking spaces,
shall only be for a limited period of up to five years from the
date of this permission.
Reason: The building is acceptable for a temporary period until
the implementation of works to deliver the wider approved scheme of
redevelopment for the site, in accordance with Section 72 of the
Town and Country Planning Act 1990 (as amended).
2 Approved plans
The proposed development shall be carried out in all respects in
accordance with the proposals contained in the application and the
plans submitted therewith and approved by the Local Planning
Authority, or as shall have been otherwise agreed in writing by the
Local Planning Authority.
Reason: To ensure the development is carried out in accordance
with the planning permission.
Drawings:
1780 M (00) – 120 Rev. P00
1780 G (00) – 233 Rev. P02
1780 G (00) – 230 Rev. P03
1780 G (00) – 232 Rev. P03
1780 G (00) – 231 Rev. P03
1780 G (00) – 332 Rev. P01
1780 G (00) – 331 Rev. P01
-
1780 G (00) – 330 Rev. P01
1780 G (00) – 130 Rev. P00
1780 G (00) – 131 Rev. P00
1780 G (00) – 134 Rev. P00
Background Papers:
The contents of planning file referenced on the front page of
this report, save for exempt or confidential information as defined
in the Local Government Act 1972, Sch. 12A Parts 1 and 2
