Agenda item

Section 73 application (minor material amendment) to vary condition 28 (approved planning permission P061428 (appeal reference number APP/V5570/A/07/2027087/NWF) 17/01/08 for the ‘Demolition of existing building and the erection of a part two, part three storey building with a “garden level” and basement level below ground to provide 587sqm of business use and 10 residential units, together with restoration works to make good the north facing flank wall and rear northwest corner of Mountfort House’.

The minor material amendments are: (A) Reconfiguration of lower basement level and garden level B1 floorspace and parking area layouts, (B) Reconfiguration of residential layouts; (C) Enlargement of second floor level terrace and erection of privacy screen, (D) Installation of garden level extract louvers; (E) Revised landscape proposal; (F) Reconfiguration and addition of rooflights; (G) Installation of roof access and maintenance balustrades, (H) Relocation of rooftop PV panels and flue, (I) Enclosure of second floor level east apartment terrace and other minor external alterations.

(Planning application number: P2013/2831/S73)

The planning officer advised that Condition 27 should be amended to include the relevant drawing numbers and to read as follows:

Condition: The following mechanisms and additions shall be fixed shut and remain in perpetuity:

-        all outer translucent screens to the courtyard elevation and roof terrace

-        the translucent glass within the apartment glazing as detailed in drawing numbers P-3160 Rev. P2 and P-3150 Rev P2

-        all high level panels and louvres shown on the north elevation.

REASON: in the interests of protection the privacy of neighbouring occupiers.

In the discussion the following points were made:

·        The screening of the photovoltaic panels was discussed.

·        There would be a marginal increase in the size of the second floor roof terraces.

·        The B1 space would be more usable as a result of changes to the servicing arrangements, cycle storage, refuse storage and circulation space and consideration had been given to the marketability of space and whether one or two units would be the most appropriate for the market. The B1 space was at basement and garden levels.

·        Objectors had raised concern about insufficient detail in the drawings. The case officer stated that the drawings had been sufficient for the inspector to make a decision and planning officers had collaborated with the architects in relation to the drawings.

·        The legal officer advised that the committee’s powers in relation to a Section 73 application were to consider only the conditions subject to which planning permission should be granted. Whatever decision was reached on conditions, the permission being varied should be left intact. It was noted that if the committee refused the application, the previously approved scheme would stand.

·        The number of affordable housing units would remain the same as in the previously approved permission.

RESOLVED:

That planning permission be granted subject to conditions and informatives as detailed in the case officer’s report with the amendment to condition 27 as detailed above and the completion of a Deed of Variation to the existing legal agreement of Deed of Planning Obligation made under Section 106 of the Town and County Planning Act 1990 securing the heads of terms as set out in the case officer’s report.