On a vote of 2 for and 2 against, with 2 abstentions, with the Chair’s casting vote the Committee RESOLVED

(1)             That planning permission be GRANTED at Jobcentre Plus, 60 Commercial Road, London, E1 1LP, for the demolition of the existing building and erection of a 19 storey building plus basement to provide plant room; 200 sqm retail/commercial/community unit (class A1/A2/A3/A4/B1/D1) at ground floor and student accommodation on upper floors (comprising 383 units) and ancillary uses; associated servicing and landscaping, subject to prior completion of a legal agreement and to conditions and informatives as set out in the report and the update report tabled at the meeting.

(2)             That the Corporate Director of Development & Renewal be delegated power to negotiate the legal agreement indicated above. If by 28 January 2011 the legal agreement has not been completed, the Corporate Director of Development & Renewal be delegated power to refuse planning permission.

(3)             That the Corporate Director of Development & Renewal be delegated power to impose conditions and informatives on the planning permission to secure the matters listed in the report and the update report tabled at the meeting.

Mr Owen Whalley, Service Head Planning & Building Control, introduced the report regarding Jobcentre Plus, 60 Commercial Road, London, E1 1LP, seeking planning permission for demolition of the existing building and erection of a 19 storey building plus basement and associated servicing and landscaping.

As the application had been deferred from the meeting of the Committee held on 16 September 2010, when Members were not minded to grant planning permission, no further public representations were to be received and Mr Jerry Bell, Strategic Applications Manager, presented the report drawing attention to the further update report tabled at the meeting. Mr Bell referred to the tabled report which detailed changes to the Section 106 agreement, with an increase in total financial contributions to £981,130 for schemes in the Shadwell and Limehouse Ward areas. He referred to additional comments received from the Harry Gosling Primary School and respective responses by Officers. 

Mr Bell added that the position regarding sunlight/daylight remained as per the previous report and commented that a Building Management Statement would be implemented for security purposes and to address any noise inconvenience arising from the premises.  Students would be required to sign up to this. However, there had been no complaints made to Environmental Health over a two year period in respect of four similar educational establishments in the Borough. In view of the removal of the A4 (drinking establishment) use from the previous proposals, it was felt that a reason for refusal on unacceptable noise levels would be difficult to defend at appeal.

Should the Committee be minded to refuse the application, suggested reasons for refusal were also contained in the report.

Mr Whalley pointed out a typographical error in paragraph 3.3 of the agenda report, the first line of which should read: “In accordance with Rule 10.2 of the Development Procedure Rules …etc”.

The Chair then invited questions from Members, who raised the following points:

·        The only major difference in the application since the last meeting appeared to be an increase in the S106 contribution.

·        The Borough was in acute need of more social housing and this need was greater than for student accommodation. With improvements in public transport, students did not need to live close to colleges.

·        Noise nuisance was still likely to be a problem and groups of students had been observed on the street near a similar establishment, even if no formal complaints had been made. The large number of students on the application site would be difficult to control. Students would also use such residential areas as Backchurch Lane to access the premises.

·        Daylight/sunlight issues remained as previously and were a matter of concern.

The following responses were made by Officers:

• As well as the Section 106 increase, the original proposed scheme had been reduced in height from 21 to 19 storeys; the area eligible for receipt of the S106 funds had been widened to include both Shadwell and Whitechapel Wards; the class A4 (drinking establishment) use had also been removed.
• The social housing situation in the Borough was not a planning matter or appropriate for consideration on this occasion.
• Confidence in controls of noise nuisance was based on the Environmental Health research into similar establishments. There would be security provided 24-hours under the management agreement for the premises and its surroundings, supported by CCTV cameras. It would not be possible to manage each person individually but the proposals were enforceable and considered the best that could reasonably be provided.  The Aldgate area, on a main road, was very busy and noisy anyway but noise generally abated during the evening.
• The daylight and sunlight assessment of the impact of the development on nearby properties had been conducted under BRE guidelines and stringent tests had been applied regarding residential properties. A refusal on this issue would also be very difficult to defend on appeal.

The Chair then indicated that the matter would be put to the vote and, on a vote of 2 for, 2 against, and 2 abstentions, with the Chair’s casting vote the Committee RESOLVED

(1)             That planning permission be GRANTED at Jobcentre Plus, 60 Commercial Road, London, E1 1LP, for the demolition of the existing building and erection of a 19 storey building plus basement to provide plant room; 200 sqm retail/commercial/community unit (class A1/A2/A3/A4/B1/D1) at ground floor and student accommodation on upper floors (comprising 383 units) and ancillary uses; associated servicing and landscaping, subject to prior completion of a legal agreement and to conditions and informatives as set out in the report and the update report tabled at the meeting.

(2)             That the Corporate Director of Development & Renewal be delegated power to negotiate the legal agreement indicated above. If by 28 January 2011 the legal agreement has not been completed, the Corporate Director of Development & Renewal be delegated power to refuse planning permission.

(3)             That the Corporate Director of Development & Renewal be delegated power to impose conditions and informatives on the planning permission to secure the matters listed in the report and the update report tabled at the meeting.