Decision Maker: Planning Board

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: December 10, 2024

Purpose:

Content:   Resolved that Planning Board WOULD HAVE RESOLVED TO GRANT planning permission for the application had the Council determined the Planning Application prior to an appeal against non-determination being lodged for this application submitted under Section 73 of the Town & Country Planning Act 1990 in connection with planning permission 23/2423/MA dated 30 April 2024 for: 'Demolition of existing structures and erection of buildings between 6 and 9 storeys in height comprising residential units, flexible employment floorspace and flexible retail and community uses with associated landscaping and new public realm, access and infrastructure works, refuse and recycling storage, car parking and cycle parking and associated development' to allow the variation of conditions 1, 2, 18, 38, 49, 50, 57, 58 and 61 to facilitate the modification to the internal arrangement and inclusion of second staircores'. This further Section 73 amendment seeks to amend conditions 2, 18, 37 and 51 to update the Energy, Sustainability, and Ecology strategies’.   That the Director (Regeneration, Enterprise & Skills) (or a planning officer to whom she authorises) be authorised to write to the Planning Inspectorate and the Appellant that the Council will not be defending the appeal subject to the below,   i.        The Conditions, set out at Appendix 2 of the report, to be detailed in the notice of determination.   ii.        The prior completion of Deed of Variation or a new legal deed under Section 106 & 106A of the Town and Country Planning Act 1990 (as amended) in a form considered to be satisfactory by the Director (Regeneration, Enterprise & Skills) containing the planning obligation as detailed in the heads of terms set out in this report (Section 23.0) and as secured within the previous scheme by a Deed of Variation 23/2423/MA dated 30 April 2024 that is linked to the parent Section 106 Agreement under reference 20/1924/F dated 6 May 2022 which was allowed by appeal (Appeal Ref: APP/E5330/W/21/3285177).   iii.        The Director (Regeneration, Enterprise & Skills) is authorised to authorise that the Council defends the appeal and seeks refusal of planning permission in the event that she considers the Deed of Variation or a new legal deed under Section 106 & 106A of the Town and Country Planning Act 1990 to be not in a satisfactory form on the ground that the Deed is not satisfactory and any related policy non-compliances and impacts.   iv.        Referral of the application to the Mayor of London in a similar manner as under the terms of The Town and Country Planning (Mayor of London) Order 2008.