06_Development and Planning Committee_20

DEVELOPMENT AND
PLANNING
COMMITTEE
VOL.5 DP 169
REPORT OF DEVELOPMENT AND FLAMMING COMMITTEE
MEETING ON
20 JANUARY 1998 (Special)!
Chairman:,
* Councilor Finch
Councillors:
*
*
*
*
*
*
*
*
*
Alexander
MrsBoethe(2)
Budden
Campbell
Mrs Champagnie (2)
Crossman
Frogley
GrenfelT(l)
Harrison
(Note: The recommendation of this
meeting; was: submitted to the Quarterly
Council Meeting on
29 January 1998)
*
*
*
*
*
"
x
x
MrsKinnear
Leon, (5)
Miss Lyne
Miles
Noyce (1)
Redford
Scowen
Shah
Mrs Skipworth
* Denotes Member present
(1), (2), (5) Denotes category of Reserve Member
PART I - KECOMMENDATIONS
RECOMMENDATION I - JEAST/640/97/FOL - Land m Wealdstone between Headstone
Drive. Higb Street. George Gauge Way, Masons Avenue. Ihe Bridge and The Railway
Your Committee has given consideration to art application for development to provide a
Class Al Retail Store, Class Al, A2, A3 Units, Bl (Business Use), 40 Residential, Units
(Resident Permit Restricted), car parking, service: yards, new Irak road, re-alignment of Ellen
Webb Drive, amendments to the highway network, and landscaping, at, the above location.,
The report of the Head of Planning and Transportation set out in detail the background to the
application, the notification and responses received and consultation fiat had taken place. The
main issues to be considered in terms of the application related, to retail provision,, employment,
residential, traffic, transport' and parking and the environment including design and scale and
impact on a Listed Building. The report dealt with aE these issues in, detail.
The report concluded that the proposals complied with the principles set down in, policy and
guidance in relation to the town centre location of the new retail provision. The proposals also
complied with, national, strategic and local planning policies and guidance in relation to retail
and town centre development, to employment and, residential provision.. The scheme, provided
for a sustamable development with, appropriate accessibility, transport, and, parking facilitiesIndividual elements of policy were not met through lie loss of the Salvation Army Hall and Bl
fioorspace in Premier House but these issues, had to be balanced with the economic and
communiiy benefits of the scheme and it had, been shown that these were acceptable in the
overall consideration of the proposals. On this basis, the Head of Planning and Transportation
considered mat the application could be recommended,, subject, to appropriate conditions and a
legal agreement.
Extensive consultation had been carried out, resulting in a substantial number of responses. The
Committee's requirements had been met in, tins respect. Consideration of the response showed
.strong views both in support and, opposition, but with a majority in support. The additional
responses received after the despatch of the agenda were reported to Members on the addendum
sheet together with the results of the Questionnaire for Wealdstone Tiaders;.,
It was farther considered that the proposal met the requirement to optimise opportunities for
environmental enhancement, associated public transport, parking and commuter parking,
facilities and an improved road rafiastracture.. These matters were all controlled, through the
recommended planning conditions and the S106 legal agreement.
The relocation of lost residential, accommodation and displaced traders had been satisfactorily
addressed. The provision of the replacement units was controlled by condition. The relocation
processes, outside the term of SI06 guidance:, would be dealt with by the development
agreement.
In addition to compliance with the statutory requirements.,, the proposal provided the opportunity
for the regeneration of a declining district centre with substantial inward investment, and
employment opportunities at the norm part of the Harrow Strategic Economic Area, which had
been the objective of the Council. It was considered, that, with investment of this nature the
long term, shopping future of the district centre should, be assured. The .application, was, therefore,
recommended for permission .subject to appropriate conditions and a legal, agreement, the heads
of terms being agreed, by the applicant.
DEVELOPMENT AND PLANNING
DP 170 VOL.5
In addition to the officer report, your Committee also received a reference from the Environment
and Transport Committee which had met immediately prior to this meeting. That Committee
had advised that the transportation, highways, car parking and traffic management implications
of the proposal were acceptable subject to legal agreements which included the head of terms as
set out in the report and minutes of the meeting.
Detailed discussions about this application were raised and debated in both the Joint Forum
which preceded this meeting and the Special Environment and Transport Committee meeting.
These discussions informed, and were material to, the decisions reached by this Committee.
The minutes of the Joint Forum are printed within this Council Bound Volume.
The following amendment was moved and seconded:
"That the application before the Committee in the name of Asda pic be deferred to allow the
to discuss further with the applicants the possibility of amendments to the scheme to
officers
i j
include:
(a)
the redesign of the walkway from the Railway Station to the store in a manner that is
more prominent to provide a physical and visual link with the High Street;
(b)
investigation of options for relocating the vehicular entrance and exit of the site and/or
look at redesign to improve Railway Station junction;
(c)
a Legal Agreement to include social housing provision by at least 25 %;
(d)
allowing at least 20 parking spaces for residential flats;
(e)
submission of an alternative feasibility study to incorporate Peel Road Car Park;
(f)
improved visual feature of northern elevation of main building;
(g)
facilitate provision of theatre or other community buildings;
(h)
reconsideration of proposed bus routes to be discussed with the bus authorities;
(i)
a bond from Asda to ensure the financial provision to complete any scheme approved;
(j)
a clear breakdown to be provided of all elements of car parking for different uses.
Following debate, and upon being put to a vote, the above amendment was not agreed. A
number of additional informatives were proposed which were agreed. Upon being put to a vote,
it was
Resolved to RECOMMEND:
That the applicant be informed that:
1.
The proposal is acceptable subject to:
(a)
the direction of the Department of Environment, Transport and the Regions
and
(b)
the completion of a legal agreement within one year (or such period as the
Council may determine) of the date of the Committee decision on this
application relating to:1.
All highway construction and traffic management to be undertaken at
the expense of Asda. Asda to pay to Harrow, as and'when required,
the estimated cost of the "Highway Works" including any statutory
undertakers costs and the Council's supervision fee.
2.
All pedestrianisation and environmental works to be at the expense of
Asda.
3.
Surveys to be undertaken at Asda's expense before and one year after
opening of the store to establish traffic impact at Asda's expense
including reviews of pedestrian facilities, servicing facilities and road
safety and any recommended traffic management measures by the
Council to be undertaken at the expense of Asda up to a maximum of
£50,000.
4.
Asda to provide footpath links from High Street to George Gange
Way and High Street south to Ellen Webb Drive in accordance with
details, including lighting, to be first agreed. On completion to
dedicate a pedestrian public right of way along both footpaths (to be
maintained oy Asda).
DEVELOPMENT AND PLANNING
DP 171 VOL.5
5.
Asda to apply to Secretary of State under S247 of die Town &
Country Pfenning Act 1990 for stopping up of highways.
6.
Council CCTV equipment displaced as a result of the scheme to lie
relocated to the Council's requirements including additional CCTV as
necessary for the 'undercroft car'park at Asda's expense.
7.
Asda's CCTV scheme to "be linked with the Council's system, and
costs, of works and additional cost implications of managing and
monitoring to be at Asda's expense.
8.
Main car park to' be operated and enforced as a short-term, shopper car
park. Management enforcement and charging to he in line with.
Council's policies, and tariffs.
9.
"Undercroft1 parking to be operated and enforced as, a long-stay car
park on weekdays and charging and management to be agreed with the
London Borough of Harrow/Railtrack. At weekends, surplus spaces
to be available for short-stay overspill.
10.
Planning permission to refer to new fiats as being "resident -permit
restricted, and developer to advise all future tenants, of the restriction.
Asda to cover the cost, to a maximum of £10,000', of .amending the
existing controlled parking zone traffic orders as. necessary and,
enlarging the existing controlled parking zone. Those residents
currently living in the application site wishing to' relocate to the new
flats and who are currently entitled to a resident parking permit to be
entitled to free parking in a car park to be constructed by Asda,, such
entitlement to be subject to Harrow's normal criteria for residents'
parking in Controlled Parking Zones.
11.
Premises acquired, in advance of development, to be maintained in
existing use prior to demolition wherever user so requires as. long as
possible (in accordance with overall phasing agreement) and after1
demolition, to secure and maintain, the site until, the commencement of
development.
12.
100 public parking spaces with reasonable access to public highway to
be maintained at all times within the application site during, the
iconstraction phase.
13-
Access arrangements for existing premises and for construction
purposes to be agreed prior to commencement with London, Borough
of Harrow, including, provision, of measures to prevent, deposit of mud
on the highway.
14.
Asda to contribute a sum of £10,000 per annum, for 5 years towards
the Council's Town, Centre Management initiative.
15.
Rights of access for servicing at all reasonable times shall be granted
free of charge to all properties which share a, common boundary with
the main, superstore and its rear service yard.
16.
New service road, with turning head to be provided and dedicated on
notice, with access from the new link road, in accordance with, details
to "be first agreed,, prior to commencement to provide access to the
land to the north of, and rear of, numbers 15 to 25 Masons: Avenue.
17.
All new bos stop shelters: shall be provided which are compatible with,
the future introduction of "Countdown" facilities and "in-store" public
transport information to be provided and maintained in conjunction
with London Transport.,
A formal decision notice, subject to the planning conditions, and informatiyes reported
and the amended conditions and additional informatives as set out below will be issued
only upon the completion of the aforementioned legal agreement:
20.
add after "car parking", "area (including 35 parking spaces for disabled people
and 10 for parents, and children)"
26.
delete "without the prior agreement"
39.
amend to clarify that It refers to all Class B uses, by substituting 'Class B* for
'Bl' in the reason.
Informative 1 - substitute condition 34 for 35.
DEVELOPMENT AND PLANNING
DP 172 VOL.5
Additional Informatives:
6.
In discharging the landscaping conditions, the Council would wish to see tree
planting maximised, particularly around the southern perimeter of the site, and
where no tree planting is possible, consideration should be given to providing
other features of interest such as works of art provided they are compatible
with the functioning of the car park.
7.
The Council would wish to see the pedestrian access from the car park to the
High Street to be maintained at die maximum width possible to ensure free
flow of pedestrian movements particularly with regard to disabled persons.
8.
The Council urges the developer not to encourage in any way the relocation of
the Post Office from Headstone Drive to the new development site.
9.
In setting the rents' level of the new retail units, the developer be requested to
take into consideration the rates set by the District Valuer and where an
existing trader relocating into a new unit faces an increase in the business rate,
consideration should be given to reducing the rent level by an appropriate
amount.
10.
The Council urges the developers to ensure, as far as it is reasonable to do so,
that on acquisition of residential properties, whether by agreement or under a
Compulsory' Purchase Order, the amount of compensation payable takes
account of the individual circumstances of the residents so that no resident
should suffer hardship as a consequence of surrendering his or her residence.
The Council regards it as of particular importance that the above point should
be borne in mind where the acquisition is under a Compulsory Purchase Order.
(Notes: (1) This Recommendation is submitted in accordance with a requisition under
Standing Order 43(b);
(2) Councillors Frogley, Harrison, Miles, Redford and Shah wished to be recorded as
having abstained in the vote on the above recommendation;.
(3) having agreed the above recommendation, the Committee requested that a report be
made to the next meeting of the UDP & Review Panel reviewing the Council's current
policies covering changes of use of retail units in Wealdstone and whether they should
continue to apply in the Wealdstone District Centre;
(4) Councillor Frogley declared a non pecuniary interest which was neither clear nor
substantial in respect of the discussion relating to Informative No. 8 as detailed above
and he remained, spoke and voted on this recommendation.)
DEVELOPMENT AND PLANNING
DP 173 VOL.5
PART H-MINUTES
317.
Attendance fav Reserve Members: RESOLVED: To note the attendance of the folowing
Reserve Members:
Ordinary Member
Reserve Member
Councillor Abbott
Councilor Mrs, Bath
Councilor Giles-Medhurst
Councilor Walster
Councilor WMtfield
Councilor Grenfel
Councilor Leon
Councilor Noyce
Councilor Mrs, Boethe
Councilor Mrs Champagnie
318.
Arrangement of Agenda: RESOLVED: That, all the items, appearing on the agenda be
considered with the press and public present.
319.
Mmartes: RESOLVED: That the minutes of the Special, Meetings held, on 7 November,
25 November, 4 December and 18 December 1997 and the Ordinary Meeting held on
14 January 1998 be deferred until printed in the next Council Bound Volume.
320.
Deputations. Representations on Planning Applications and Petitjoos: RESOLVED: To
note the suspension of the relevant standing orders to alow the deputations, representations on
the planning application and a petition to be received at the Joint Forum preceding this meeting.
321.
Wealdstone: Asda Proposals: The Committee received a joint report of the Head of Planning
and Transportation and the Borough Secretary and Solicitor to the Council which advised
Members of farther action that the Council would need to take to ensure the implementation of
the Asda proposals in the event that planning permission were granted. This, would involve the
signing of a development agreement between. Asda and the Council which, would, inter alia, tie
both parties into pursuing a Compulsory Purchase Order. Details of the proposed development
agreement were set om in Section, 2 of the report. It was noted that two additional heads of
terms were to be included
2.1.7
"Agreement by Asda, that all residential, units, should be 'affordable housing;' as
defined in Revised UDP Policy H9 as, agreed, by the Council on 7 November 1996"
and
2.1.10
"Agreement by Asda to undertake the development hi accordance with an.
environmental management, programme to be agreed with the Council, to cover,,
inter alia, method and timing; of construction, access for construction traffic and,
communication with residents,, businesses and other affected partners, regarding
- programming and timing of works, including the provision of regular progress
bulletins."
Section. 3 of the report set out a, possible programme and issues .concerning the Compulsory
Purchase Order.
RESOLVED: That, subject to:(i)
Application No.. EAST/640/97/FUL being; recommended for approval subject to legal
agreement and the decision of the Secretary of State; and
(ii)
Asda entering into a development agreement with, the Council including the heads; of
terms set out in paragraph 2.1 of the officer report
.the Policy and Resources Committee be requested to recommend to Council the Compulsory
Acquigitioa of the land shown OH plan, no. ES9071 Issue A, pursuant, to powers, under S226 of
"
"
"
; Act 1990.
y
"V-^
(Signed) G FINCH
Chairman
started, at, 1,2.15 am, closed at 1.18 am).
VOL.5 DP 174
REPORT OF DEVELOPMENT AND PLANNING COMMITTEE
MEETING ON
3 EEBRtlARY 1998
Chairman:
* Councillor Finch
Councillors:
* Alexander
Mrs Bath,
* Mrs Boethe (2)
* Bud'den
* Campbell
Crossman,
* Frogley
* GileshMedhurst
* Mrs Graham (6)
*
*
*
*
*
*
Harrison
MrsKinnear
Leon(5)
Miles
Bedford
Scowen
Shall
Mrs SItipworth
Whitfield
* Denotes Member present
(2), (5), (6) Denotes category of Reserve Member
PART I - RECOMMENDATIONS - ML
PART H - MINUTES
322.
Attendance fey Reserve Members: RESOLVED:: To note the attendance at this meeting: of the
following duly appointed Reserve Members:
Ordinary Member
Reserve Member
Councillor Abbott
Councilor Miss Lyne
Councillor Walster
Councillor Leon
Councillor Mrs Graham
Councillor Mrs Boethe
323.
Arrangement of Agenda: RESOLVED: That all items be discussed -with the press and public
present.
324.
Mimrtes: RESOLVED: That Tie minutes of the special meetings held on 7 November 1997,
25 November 1997, 4 December 1997,, 18 December 1997 and, 20 January 1998 and the
ordinary meeting held on 14 January 1998 be deferred.
325.
Petitions: RESOLVED: To note that no petitions, had been received.
326.
Depntations: RESOLVED: To note that no deputations: had been received.
327.
Budget 1998/99: The Committee, received a joint report of the Chief Executive and. Director of
Finance and the Director of Environmental Services which, set out the Committee's revised
estimates for 1997/98 and the draft budget for 1998/99, in the context of the Council's Budset
recommendations. Specifically, approval was, being, sought for the revised estimates for 1997/98
and the draft estimates for 1998/99 which included growth/spending, variations and the agreed
budget reductions.
The officer report identified -the budget reductions affecting this Committee that had been agreed
at Council on 18 December 1997. It was, noted that these were detailed in Appendix C and
Appendix B set out the only growth item that related to this Committee's budget.
When discussing the report, Members commented on the technical, emphasis of the report. It
was felt .that as the report was, a public document more thought should, go into maSng the
information contained within it more understandable by the general public.
In view of the proposed transfer of the budget for the Driving, Cycling and Road Safety Centre
from the Development and Planning Committee to the Environment and. Transport Committee,
Members queried under which Committee's budget the figures: for this service unit had been
reported. The Committee was advised, that the figures: in question were included within the
expenditure figures, for the Planning and Transportation Division. It was agreed that a
breakdown of this expenditure would be provided to ail Members of the Committee and thai this
particular area, would be separately identified within the Council's budget book- It was, felt by
Members that this would make the information presented more understandable to the general
public.
DP 175 VOL.5
328.
DEVELOPMENT AND PLANNING
RESOLVED: That (1) the revised estimates for 1997/98 be approved;
(2) the draft estimates for 1998/99, including the proposals for growth/spending variations, and
the agreed budget reductions be1 approved.
Review of Fees and Charges: The Committee considered a joint report of the Chief Executive
and Director of Finance and the Director of Environmental Services which set out the fees and
charges within its control,.showing the current charges and the proposed level for the financial
year 1998/99. The report recommended that charges generally be increased in line with the
inflation rate used in the budget process, which had been set at 3 %.
arges set out in Appendix A be approved,
g started at 7.30 pm, finished at 7.42 pm.)
_
Chairman