Monthly Archives: February 2015

S106 extension to 27th February 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.
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 27 February 2015.

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, 29 October 2014, 25 November 2014 (decision made by the Deputy Mayor for Planning, Sir Edward Lister, acting under delegated authority on behalf of the Mayor) and 6 January 2015 to subsequent extension of the section 106 conclusion period. The current extension runs until 30 January 2015.
3 Having established the position in principle on substantive points arising during the GLA-led section 106 arbitration process, the vast majority of the agreement (including various sections with respect to affordable business space, employment and training and local labour and business; transport travel and highway works; local open space and publically accessible land; telecommunications infrastructure monitoring, CCTV, air quality monitoring and energy strategy; wharf activation; and, public art and design and access panel) is now in final draft. Since the last update, officers have been working with the applicant and Lewisham Council to finalise the detailed drafting of a number of outstanding areas within the remaining sections of the agreement – principally with respect to the affordable housing review mechanism and community projects.
4 Further to the programme reported on 6 January 2015, additional time has been required to seek expert advice on the technical drafting of the affordable housing review mechanism, and to consider the drafting of provisions for community projects – having regard to representations received from The Lenox Project CIC and Sayes Court Garden CIC.
5 A revised work programme is in place to finalise drafting of the section 106 agreement during the week commencing 9 February 2015, however, further time will be required for circulation and execution of the agreement. Accordingly, GLA officers propose an extension of the time allowed for concluding the section 106 agreement until 27 February 2015.
Legal considerations
6 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
7 The applicant has agreed to reimburse the GLA and TfL for legal costs associated with the preparation and completion of the section 106 agreement.
8 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.

Decision record
Extension to 27 February 2015 agreed