23/500773/FULL - Section 73 - Application for minor material amendment to approved plans condition 2 (to allow amendments to the design and layout including rebuilding of 2 bays to Palace Avenue, omission of external boardwalk, first floor car park, 9 terraces to second floor and green roof of top roof level) and variation of conditions 3 (programme of archaeological work); 5 (contamination risks); 7 (commercial use of ground floor); 9 (materials); 10 (constructional details); 14 (roof treatments), 16 (EV charging facilities);  17 (hard landscape works); 24 (enhancement of biodiversity); 25 (LEMP); 31 (boardwalk and Mill Street forecourt), 34 (ground floor commercial space), 35 (external plant), 37 (travel plan) and 40 (sustainable surface water drainage scheme) pursuant to 20/501029/FULL (as amended by 23/500477/NMAMD) for - Restoration of Len House and associated new build works to provide a mixed-use development comprising: (i) Retention with alterations and change of use of Len House to provide flexible commercial floorspace within the following uses - retail, financial and professional, cafe or restaurant, drinking establishment, offices, clinic or health centre, crèche or day nursery, gymnasium or indoor recreational purposes uses (within classes - E, F2(a) & Sui Generis of the Town & Country Planning uses Classes Order). (ii) Provision of 22 residential apartments (C3) at first floor by conversion and erection of part rear first floor extension and provision of 58 No. residential apartments (C3) in two storey roof extension with rooftop amenity space, together with ancillary car parking. (iii) construction of two new buildings of up to 5-storeys to provide 79 No. residential apartments (C3) with amenity space. (iv) Provision of associated car parking, open space, landscaping, earthworks including demolition of hardstanding and structures, de-culverting the River Len and reutilisation of existing vehicular access points from Mill Street and Palace Avenue

AND

23/500769/LBC - Listed Building Consent for restoration of Len House, rebuilding of 2 bays to Palace Avenue and associated new build works to provide a mixed-use development comprising: (i) Retention with alterations and change of use of Len House to provide commercial floorspace within the following uses - retail, financial and professional, cafe or restaurant, drinking establishment, offices, clinic or health centre, creche, or day nursery, gymnasium or indoor recreational purposes uses (within classes E, F2(a) and Sui Generis) at ground floor. (ii) Provision of 22 No. residential apartments (class C3) at first floor by conversion and erection of a part rear first floor extension and provision of 58 No. residential apartments (class C3) in a two-storey roof extension with rooftop amenity space (iii) Associated landscaping to roof (Revised scheme to 20/501030/LBC)

The Committee considered the report, urgent update report and additional urgent update report of the Head of Development Management.

In introducing the applications, the Principal Planning Officer advised the Committee that:

·  There had been further consultation responses.  Southern Water Services and the Environment Agency had both reiterated their previous comments.  KCC Drainage Authority had commented that the flood risk assessment was now out of date (April 2020), and they would wish to see it updated.  It was therefore suggested that the submission of an updated flood risk assessment be incorporated into the drainage condition to be considered in conjunction with the revised drainage strategy.

·  The Heads of Terms might need to be adjusted so delegated powers were requested to enable the Head of Development Management to settle or amend any necessary Heads of Terms in line with the matters set out in the recommendation and as resolved by the Planning Committee.

·  There was a Head of Terms relating to the ‘internal street’.  It was now considered appropriate to deal with this by way of a planning condition.

Mr Obee, the applicant, addressed the meeting on both applications.

23/500773/FULL

RESOLVED:  That subject to:

A.  The prior completion of a legal agreement in such terms as the Head of Legal Partnership may advise to secure (a) the Heads of Terms set out in the report as amended by the urgent update reports and by the Principal Planning Officer when introducing the applications; (b) amendments to the Heads of Terms to reflect Members’ concern to ensure that discussions take place with the South East Rivers’ Trust and the Environment Agency regarding the daylighting of the River Len and between Southern Water Services and the Environment Agency regarding misconnections with the river; and (c) the prior payment of monitoring fees of £3,825; and

B.  The conditions and informatives set out in the report as amended by the first urgent update report and by the Principal Planning Officer when introducing the applications (incorporation of updated flood risk assessment into the drainage condition and the ‘internal street’ to be dealt with as a planning condition) with an additional informative advising the applicant that there should be more solar panels on the roof than indicated,

the Head of Development Management be given delegated powers to grant permission and to be able to settle or amend any necessary planning conditions and/or informatives and Heads of Terms in line with the matters set out in the recommendation and as resolved by the Planning Committee, including to consider amendments to the Heads of Terms to reflect Members’ concern to ensure that there is flexibility regarding the future use of first floor communal spaces.

Voting:  10 – For  0 – Against  1 – Abstention

23/500769/LBC

RESOLVED:  That Listed Building consent be granted subject to the conditions set out in the report as amended by the first urgent update report with delegated powers given to the Head of Development Management to be able to settle or amend any necessary planning conditions in line with the matters set out in the recommendation and as resolved by the Planning Committee.

Voting:  10 – For  0 – Against  1 – Abstention