31st January extension for S106 agreement | Planning Approval/S106

Monthly Archives: January 2015

31st January extension for S106 agreement | Planning Approval/S106

31st January extension for S106 agreement

 

planning report D&P/0051a/10

6 January 2015

Convoys Wharf, Deptford

in the London Borough of Lewisham

planning application no. DC/13/83358

Planning consent
Town & Country Planning Act 1990 (as amended); Greater London Authority Acts 1999 and 2007; Town & Country Planning (Mayor of London) Order 2008.
Strategic issue
There is a need to extend the time period for completion of the section 106 legal agreement.
Recommendation
That the Mayor extends the time period for the completion of the section 106 legal agreement (i.e. the period after which the Assistant Director – Planning or Executive Director of Development, Enterprise and Environment has delegated authority to refuse permission if the section 106 legal agreement is not completed) to 30 January 2015.

Context
1 On 31 March 2014 the Mayor of London, acting as local planning authority, resolved to grant conditional planning permission in respect of Lewisham planning application DC/13/83358 subject to the prior completion of a section 106 legal agreement.
2 The Mayor also gave delegated authority for the Assistant Director – Planning and Executive Director of Development, Enterprise and Environment to refuse planning permission if the section 106 legal agreement had not been completed by 30 June 2014. Further to this, the Mayor agreed on 25 June 2014, 27 August 2014, 24 September 2014 and 29 October 2014 to subsequent extension of the section 106 conclusion period. The Deputy Mayor for Planning, Sir Edward Lister, acting under delegated authority agreed to a further extension on 25 November 2014. The current extension runs until 9 January 2015.
3 Having established the position in principle on all substantive points arising during the GLA-led section 106 arbitration process, officers have been working with the applicant and Lewisham Council to finalise the detailed drafting of the associated clauses of the agreement. In conjunction with this, the section 106 parties have been considering comments received from The Lenox Project CIC and Sayes Court Garden CIC on the draft section 106 provisions for these community projects.
4 A work programme is in place to reach a final draft of the section 106 agreement by 9 January 2015, however, further time will be required for final legal clearance, circulation and execution of the agreement. Accordingly, GLA officers propose an extension of the time allowed for concluding the section 106 agreement until 30 January 2015.
Legal considerations
5 Under the arrangements set out in Article 7 of the Order and the powers conferred by Section 2A of the Town and Country Planning Act 1990 the Mayor is acting as the Local Planning Authority for the purposes of determining this planning application.
Financial considerations
6 The applicant has agreed to reimburse the GLA and TfL for legal costs associated with the preparation and completion of the section 106 agreement.
Conclusion
7 Given a need for additional time in order to conclude negotiations and execute the agreement, it is necessary to extend the time period for completion of the section 106 legal agreement.

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Decision record
Extension to 30 January 2015 agreed
Signed:

for further information, contact GLA Planning Unit (Development & Projects team):
Colin Wilson, Senior Manager – Development & Projects
020 7983 4783 email colin.wilson@london.gov.uk
Justin Carr, Strategic Planning Manager (Development Decisions)
020 7983 4895 email justin.carr@london.gov.uk
Graham Clements, Senior Strategic Planner (case officer)
020 7983 4265 email graham.clements@london.gov.uk