Agenda and decisions

To receive apologies from Members of the Board.

The Chair to announce any items of urgent business circulated separately from the main agenda.

Members to declare any personal and financial interests in items on the agenda. Attention is drawn to the Council’s Constitution; the Council’s Code of Conduct and associated advice.

Ward: Woolwich Arsenal

Members are requested to grant reserved matters approval for the Submission of Reserved Matters (Appearance, Landscaping, Layout and Design) pursuant to Condition 2 of planning permission reference 16/3025/MA, dated 17.03.2017, for residential units and non-residential floorspace within Plots D and K3, K4, K5, along with public / private landscaping details, car / cycle parking, refuse / recycling facilities and play provision.

Resolved that reserved matters approval be GRANTED for Submission of Reserved Matters (Appearance, Landscaping, Layout and Design) pursuant to Condition 2 of planning permission reference 16/3025/MA, dated 17.03.2017, for residential units and non-residential floorspace within Plots D and K3, K4, K5, along with public / private landscaping details, car / cycle parking, refuse / recycling facilities and play provision.

Approval subject to:

     ii.         The satisfactory completion of a deed of variation to the Section 106 (S106) Legal Agreement (obligations set out in Section 28); and  

   iii.         Conditions set out in Appendix 2 of the report and its addendums.  

That the Assistant Director (Planning & Building Control) be authorised to:

(i)          Make any minor changes to the detailed wording of the recommended conditions as set out in Appendix 2 of the report and its addendums and the minutes of this Planning Board meeting, where the Assistant Director (Planning & Building Control) considers it appropriate, before issuing the final decision notice.

(ii)         Finalise the detailed terms of the deed of variation to the section 106 agreement (including appended documents) and form of the planning obligations as set out in this report (Section 28), its addendums and the minutes of this Planning Board meeting.

(iii)       Consider, in the event that the deed of variation to the Section 106 Agreement is not completed within three (3) months of the date of this Planning Board resolution, whether consent should be refused on the grounds that the agreement has not been completed within the appropriate timescale, and that the proposals are unacceptable in the absence of the recommended planning obligations; and if the Assistant Director (Planning & Building Control) considers it appropriate, to determine the application with reasons for refusal which will include the following: 

·      In the absence of a deed of variation to the existing s106 legal agreement to secure the necessary obligations regarding affordable housing, transport and highway works, public realm environment, and sustainability the development would fail to demonstrate compliance with affordable housing requirements and mitigate its impact on local highways and provide for the safety of road users and pedestrian, cycle infrastructure, and environmental sustainability contrary to Policy D8, Policy H4, Policy H5, Policy H6, Policy H7, Policy SI 1, Policy SI 2, Policy SI 3, Policy T2, Policy T3, Policy T4, Policy T5, Policy T6, Policy T6.1, and Policy T9 of the London Plan (2021) and Policy H3, Policy H5, Policy E1, Policy IM(a), and Policy IM(b) of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies (Adopted July 2014), and the Planning Obligations (s106) Guidance SPD (July 2015). 

Ward: Woolwich Arsenal

Members are requested to approve this non-material amendment application and agree that the proposed changes to the parameter plans and agree the proposed changes to the wording of conditions, as set out in the report.

Resoled that it be AGREED that the proposed changes to the parameter plans (detailed under Conditions 1 and 6 of planning permission 16/3025/MA) are non-material amendments in accordance with s96A of the TCPA 1990

That it be agreed that the proposed changes to the wording of conditions 1, 6, 9, 10, 14, and 39 of planning permission 16/3025/MA and the addition of Condition 78 to planning permission 16/3025/MA are in themselves non-material amendments in accordance with s96A of the TCPA 1990

That, this non-material amendment application, be approved subject to:

    i.            The satisfactory completion of a deed of variation to the Section 106 (S106) Legal Agreement (obligations set out in Section 11); and  

   ii.            Conditions set out in Appendix 2 of the report and its addendums.  

That the Assistant Director (Planning & Building Control) be authorised to:

      i.         Make any minor changes to the detailed wording of the recommended conditions as set out in the report (Appendix 2), its addendums and the minutes of this Planning Board meeting, where the Assistant Director (Planning & Building Control) considers it appropriate, before issuing the final decision notice.

     ii.         Finalise the detailed terms of the deed of variation to the section 106 agreement (including appended documents) and form of the planning obligations as set out in this report (Section 11), its addendums and the minutes of this Planning Board meeting.

   iii.         Consider, in the event that the deed of variation to the Section 106 Agreement is not completed within three (3) months of the date of this Planning Board resolution, whether consent should be refused on the grounds that the agreement has not been completed within the appropriate timescale, and that the proposals are unacceptable in the absence of the recommended planning obligations; and if the Assistant Director (Planning & Building Control) considers it appropriate, to determine the application with reasons for refusal which will include the following: 

·       In the absence of a deed of variation to the existing s106 legal agreement to secure the necessary obligations regarding affordable housing, transport and highway works and public realm environment the development would fail to demonstrate compliance with affordable housing requirements and mitigate its impact on local highways and provide for the safety of road users and pedestrian, cycle infrastructure, and environmental sustainability contrary to Policy D8, Policy H4, Policy H5, Policy H6, Policy H7, Policy T2, Policy T3, Policy T4, Policy T5, Policy T6, Policy T6.1, and Policy T9 of the London Plan (2021) and Policy H3, Policy H5, Policy IM(a), and Policy IM(b) of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies (Adopted July 2014), and the Planning Obligations (s106) Guidance SPD (July 2015). 

Ward: Eltham Town & Avery Hill

Members are requested to grant full planning permission for the demolition of existing structures on site and construction of building comprising a Special Educational Needs and Disabilities Transition Learning Centre (Use Class F1 (a)) together with outbuildings/covered structures and hard and soft landscaping, including new minibus drop off bay.

Resolved that full planning permission be GRANTED for the demolition of existing structures on site and construction of building comprising a Special Educational Needs and Disabilities Transition Learning Centre (Use Class F1 (a)) together with outbuildings/covered structures and hard and soft landscaping, including new minibus drop off bay.

Consent subject to -

(i)           The prior completion of a Directors’ Agreement securing the heads of terms as summarised in this report (obligations set out in Section 24); and

(ii)          The Conditions as set out at Appendix 2 of the report and its addendum to be detailed in the notice of determination and any addendums.

That the Assistant Director (Planning & Building Control) be authorised to:

(i)           Make any minor changes to the detailed wording of the recommended conditions as set out at Appendix 2) of the report and its addendum and the minutes of this Planning Board meeting, where the Assistant Director (Planning & Building Control) considers it appropriate, before issuing the final decision notice

(ii)         Finalise and make any minor changes to the detailed terms of the Directors’ Agreement as set out in this report (Section 24), its addendums and the minutes of this Planning Board meeting.

(iii)        Consider, in the event that the Directors’ Agreement is not completed within three (3) months of the date of this Planning Board resolution, whether consent should be refused on the grounds that the agreement has not been completed within the appropriate timescale, and that the proposals are unacceptable in the absence of the recommended obligations; and if the Assistant Director (Planning & Building Control) considers it appropriate, to determine the application with reasons for refusal which will include the following:

·     In the absence of  agreement to secure the necessary obligations regarding sustainable transport, highway works, carbon savings and biodiversity net gain the development would fail to mitigate its impact on the public highways, environmental sustainability and ecology contrary to policies, SI 2, SI 3, T2, T4, G6 and DF1 of the London Plan (2021) and E1, OS4, OS(f), IM4, and IM(a)) of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies (Adopted July 2014), and the Planning Obligations (s106) Guidance SPD (July 2015).

Ward: Charlton Village & Riverside

Members are requested to confirm they would have resolved to granted planning consent for the application had the Council determined the Planning Application prior to an appeal against non-determination being lodged for the 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.

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.