Agenda item

Demolition of the existing temporary buildings and structures and erection of a 12-storey building to provide flexible Class E floorspace at ground floor level and 281 student bedrooms and internal and external resident amenity spaces on upper levels, together with refurbishment of the railway arches and the existing 3-storey building fronting onto Holloway Road to provide Class E(g)(iii)/E(a-c) and flexible Class E floorspace, a new pedestrian route, landscaping and public realm improvements, disabled car parking, cycle parking and other associated works.

(Planning application number: P2022/1943/FUL)

Councillors Klute and McHugh stepped aside and did not participate in the deliberation as they were not originally involved when the item was considered on May 2023.

In the discussion the following points were made:

·       The Planning Officer informed committee of 2 updates, one relating to the final draft local plan, that in assessing this application it had no material impact and secondly changes to the last 2 paragraphs of Appendix A as highlighted, that it reads as follows : That, should the Section 106 Deed of Planning Obligation not be completed within 13 weeks from the date when the application was made valid or within the agreed extension of time, the Service Director, Planning and Development / Head of Service – Development Management or, in their absence, the Deputy Head of Service may refuse the application on the grounds that the proposed development, in the absence of a Deed of Planning Obligation is not acceptable in planning terms. ALTERNATIVELY, should this application be refused (including refusals on the direction of The Secretary of State or The Mayor) and appealed to the Secretary of State, the Service Director, Planning and Development / Head of Service – Development Management or, in their absence, the Deputy Head of Service be authorised to enter into a Deed of Planning Obligation under section 106 of the Town and Country Planning Act 1990 to secure to the heads of terms as set out in this report to Committee.

·       Members were reminded that application was considered at the Planning Committee on the 22nd May 2023 and was granted approval subject to conditions, s106 agreement and direction by the Mayor of London. However, subsequently it was identified that the application had not been advertised as a departure from the development plan, which is required under Part 3, Article 15 of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

·       Further to the previous consultation, the application was re-consulted upon, noting that it represented a departure from the development plan. Letters were sent again to occupants of 2,295 adjoining and nearby properties on 9th June 2023.

·       At the time of drafting the report, 7 additional representations had been received since the previous report was drafted, 4 of which were from neighbouring residents who had already responded during the previous consultation. This results in a total of 42 objections and 4 letters of support.

·       Planning Officer advised that reasons for the item before the committee is firstly that the Draft Local Plan states that buildings of more than 30 metres only acceptable in-principle on sites identified as suitable for tall building; that 12 storeys in height is in line with emerging Site Allocation NH10 , however it was noted that building exceeds the height stipulated in metres within the Site Allocation, which is 37m.

·       Meeting was advised that when taking the roof-top plant and pergola into account, the building rises to 43.375m; that the application was advertised as departure from Development Plan and that as previously reported to Committee, the design is of a high quality and height acceptable in townscape terms

·       The Chair, Councillor North reminded members that all aspects of the application had been considered thoroughly at the Committee meeting and was only back to address the issue of it being a departure of policy and not being reconsulted. 

Councillor North proposed a motion to grant planning permission. This was seconded by Councillor Convery and carried.

RESOLVED:

That following consideration of the case officer’s report (the assessment and recommendations therein), the presentation to Committee, submitted representations and objections at this meeting, planning permission be granted subject to the conditions and informatives set out in Appendix 1 of the officer report and the additional condition outlined above; and subject to the prior completion of a Deed of Planning Obligation made under Section 106 of the Town and Country Planning Act 1990 securing the heads of terms as set out in Appendix 1 of the officer report as amended above, the wording of which was delegated to officers; and subject to any direction by the Mayor of London to refuse the application or for it to be called in for determination by the Mayor of London.