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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.