Agenda item

(Councillor Buitekant left the meeting for the hearing of this item.) 

(Councillor Hanson did not take part in the discussion of this item, as she was not present at the previous meeting where the item was discussed.)

8.1  The Planning Officer introduced the report as set out in the report.

8.2    The Chair clarified that this application had previously been granted planning permission and that the report was dealing purely with the wording for the Section 106 agreement.  The Chair added that there was some disagreement regarding the minutes from the meeting held in February 2008 and the agreement made on the phasing of the development.  He asked for the Members that were in attendance at that meeting to provide their understanding of what was agreed.

8.3  Discussion took place on the phasing of the development and the general consensus was that the school should be built and not just housing.  The Chair summed up by stating that the Sub-Committees’ clear understanding was for the whole of the scheme to be built out, in accordance with the plans.

8.4  Councillor Tesler raised concern about the phasing of the development, as he felt that the housing should not be restricted by the building of the school and it was his understanding that the clause did not state that the school should be built first.

8.5  The Interim Head of Regulatory Services referred to paragraph 1.2 of the report, which detailed the previously agreed clause relating to the building of the school and the residential units in the legal agreement.  This was AGREED.  

8.6  Rob Cotterill, spoke in objection of the scheme, his comments are summarised as follows:

§  Representative from Avigdor Futures, which represent approximately 250 people.

§  Want less intensive development.

§  The development should be centred around the school.

§  The school is too tall.

§  Side by Side may not raise enough money to build the school.

§  Felt that the school was proposed just to receive planning permission for the housing on the site.

§  Pre-text to build more housing.

§  The full school should be built, not just a temporary school. 

8.7  Ita Symons, Agudas Israel Housing Association Ltd, spoke in response to the clause, her comments are summarised as follows:

§  Made to feel like criminals, as they were asked where the money would be coming from.

§  Meetings had taken place two years ago and a mixed use development had always been discussed.

§  Provided a commitment that Side by Side would raise the money.

§  The clauses set out in paragraph 1.7 are too stringent.

8.8  The Interim Head of Regulatory Services referred to paragraph 1.5 of the report, which detailed the previously agreed clause in the legal agreement and the suggested clause put forward by the applicants.  Following discussion with Council Officers, it had been considered that there should be more constraint in the clause to ensure the provision of a school on site. 

8.9  Paragraph 1.7 detailed revised wording of the clause, which although would not necessarily secure the provision of a permanent school building on the site, would at least ensure the site was brought into education use.  Reference was made to the addendum and the Interim Head of Regulatory Services read out some alternative wording for the last paragraph of the clause deleting reference to the bond, at the request of the applicants:-

  “Side by Side, upon entering into a works contract for the permanent school will provide Hackney with a programme of the works and evidence of their funding for the construction phase.”

8.10  Councillor Desmond proposed the following amendments to the wording of the clause:

§  First paragraph – increase 8 months to 12 months.

§  Last paragraph – replace the wording detailed in paragraph 1.7 of the report, with the wording detailed in the addendum.  This was AGREED.

RESOLVED that:

Side be Side covenants with the Council that within twelve months of the signing of this legal agreement, it shall either:

a)  Provide the Council with a confirmation that works are to begin on the permanent school, with a date specifying when works are to begin; or

b)  Submit an application for temporary planning permission for a temporary school, and stipulating when the school shall be completed.

The occupation of the final 20% of the affordable housing provision shall be restricted until the temporary school is fully located on site or the contracts have been let for building works to begin.

Side by Side, upon entering into a works contract for the permanent school, will provide Hackney with a programme of the works and evidence of their funding for the construction phase.