See report by Jermaine Thomas, Planning Officer (agenda item 9) and the Addendum Report
Members voted unanimously in favour of the officer’s recommendation for approval.
a) That, subject to a Stage II referral from the GLA, authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory & Development Services) or the Development Control Support Manager to grant planning permission for planning application 01032/E/P35 for the erection of a 15,893 sqm, three storey data centre warehouse with associated parking, single storey gatehouse, new access road and access onto Hayes Road at Western International Market, Hayes Road, Southall be approved, subject to the conditions set out in the report and the Addendum Report and the securing of the following planning obligations by the prior completion of a satisfactory legal agreement or unilateral undertaking made under S.106 of the Town and Country Planning Act 1990, or other appropriate legislation, the exact terms of which shall be negotiated by appropriate officers within the Department of Environment on the advice of the Assistant Director, Corporate Governance:
A payment of £300,000 is outstanding from the previous 2006 Section 106. The payment of this amount is due on commencement of any of the previously approved employment schemes on this site. Given the current economic climate theses schemes, that each proposed one or two stand alone buildings, are no longer viable and will not be forth coming. As such the outstanding payment will now be secured through a separate legal agreement that requires the payment of the contribution regardless of the commencement of any development on the site.
(Addendum Report states that, in addition to the above paragraph, it is noted that the £300,000.00 that is due to come to the Council will be received in three amounts, partly in acknowledgement of the current economic climate, but also to reflect the fact that the Council has separate schemes within Comprehensive Project Area 6 that can be implemented at different times to reflect this split of payment).
A payment of £25,000 was received from the previous 2006 Section 106 to ensure that the transport impacts of an B8 Industrial use on Western International Market are mitigated or compensated for. It is therefore considered that no additional public transport payments are required for any proposed B8 Industrial uses at Western International Market.
iii) Section 278 works
Either the agreed Section 278 works or the requirement to agree 278 works will be secured by a legal agreement. A second condition would also be attached to any decision to ensure that no development can commence until the Section 278 works have been implemented.
(Addendum Report states that it would be secured prior to occupation rather than commencement).
iv) Employment & training:
An employment and training payment of £140,000 was previously received by the Council in relation to a previous Section 106 in 2006. Given that the floor area of this scheme is less than the previously approved scheme, a smaller contribution of £103,000 is required and would be offset against the previously received amount.
v) Construction Training
In relation to construction training the developers would be required to work in conjunction with Reds 10 (or a similar provider of apprenticeships and work placements approved in advance by the Economic Development Team) to provide opportunities for apprenticeships or up-skilling on site during the construction process. The developer will agree to update the London Borough of Hounslow on the number of jobs created as a result of the construction work on site and the duration of each job. The developer will provide this information on a quarterly basis to the Economic Development Team.
b) That the satisfactory legal agreement or unilateral undertaking outlined above shall be completed and planning permission issued by 28 March 2012, or such extended period as may be agreed in writing by appropriate officers within the Department of Environment or within Legal Services.
c) That, if the legal agreement or unilateral undertaking is not completed by the date specified above or any agreed extended period, authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory and Development Services) or the Development Control Support Manager 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, as described in Section 7 of the report, be approved.
d) That, 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 one above and (b) where the planning obligations are not materially affected and (c) there is no monetary cost to the Council, the Director of Environment or the Assistant Director – Environment Department (Regulatory & Development Services) or the Development Control Support Manager, authorisation, in consultation with the Chair of the Sustainable Development Committee and upon the advice of the Assistant Director Corporate Governance, to enter into a legal agreement(s) deed of variation made under S.106 and/or 106A of the Town and Country Planning Act 1990 and/or other appropriate legislation, be approved.
e) That, if planning permission is refused for the reasons set out above, authorisation for the Director of Environment or the Assistant Director – Environment Department (Regulatory & Development Services) or the Development Control Support Manager, in consultation with the Chair of the Sustainable Development Committee to approve any further application for planning permission validated within 12 months of the date of refusal of planning permission, provided that it duplicates the planning application, there has not been any material changes in circumstances in the relevant planning considerations and provided a satisfactory legal agreement or unilateral undertaking securing the obligations set out in the Report is completed within any specified period of time, be approved.