The following questions were tabled at the Maldens & Coombe Neighbourhood Committee on the 19th June 2013. RBK responses attached for information. 1. With reference to the Councils response to the letter from the Brycbox Development Action Group that the council believes that there is a legal basis for the porting of affordable homes between developments, can the members of this Committee reflect on this statement and confirm that whilst the legality is debatable, the spirit of mixing affordable homes, as outlined in the London Plan, within major developments will be honoured. They should also consider the ramifications on any development within the Maldens and Coombe if the concept of porting is taken to an extreme. RBK Response: The decision taken by the Development Control Committee on 18 December was to amend the legal agreements which accompanied the already approved planning applications on 59 Kingston Road to allow 7 affordable units to be ported from 59 Kingston Road to the Brycbox site on Cocks Crescent. The decision had full regard to all relevant adopted policies of the Council. The Section 106 agreements for Brycbox and 59 Kingston Road were amended pursuant to section 106A of the Town and Country Planning Act 1990. The legislation in relation to planning obligations does not prevent affordable housing being transferred from one location to another. There is therefore a legal basis for entering into the deed of variation and this is not the first instance where porting of affordable housing has occurred within the borough to ensure that new housing is delivered. 2. Neither of the plans referenced above makes any reference to the consequence of infrastructure support for some 400 new homes in New Malden. Can the council confirm that a detailed impact analysis including the impact on the current population will be completed to review the need for schools, transport, access, parking and health as a minimum and that these reports will be available for scrutiny when completed? RBK Response: Planning applications are determined in accordance with the Council’s Development Plan. No infrastructure impact assessments are required to be submitted or assessed as part of the planning application process. Lack of infrastructure provision has been deemed by the Courts to not be a material planning consideration and therefore cannot be taken into account when making a planning decision. The Council has adopted a Supplementary Planning Document on Planning Contributions which seeks financial contributions towards infrastructure provision from new developments e.g education and health. The financial contributions sought on Brycbox reflect the guidance that was adopted at the time the Council made the decision to grant planning permission. 3. Can the council confirm that plans for the development of the area will be discussed with local people in line with the Localism Act? RBK Response: The consultation process undertaken, on receipt of a planning application, is in accordance with the Town and Country Planning General Development Procedure Order. Information concerning individual planning applications is available on the Councils website. There are also public speaking rights at both the Neighbourhood Committees and at the Development Control Committee, more information on public speaking at Committees can be found on the Councils website. 4. Can the council confirm the number of planning applications for new homes approved in the last 12 months and the combined effect with as yet undefined numbers to be added via the Cocks Crescent development and also confirm these will be included in any impact analysis? RBK Response: During the last 12 months there have been 178 residential approvals plus 308 non-conventional bedspaces. These comprise 302 student bedspaces and 6 hostel bedspaces (please also see the answer to question 2 above) 5. Can this committee confirm that any agreements made in these local meetings will be reflected in any future DCC decision? RBK Response: The Development Control Committee, when determining any application, takes into account all relevant submissions including the views of any Neighbourhood Committee which has been consulted. When making their decision the Development Control Committee also takes into account the Local Development Framework Core Strategy (adopted April 2012) and other adopted planning policy. Each application is determined on its own merit.
Posted on: Sat, 13 Jul 2013 09:42:20 +0000
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