In the planning statement submitted by the applicants they argue that the mixed use policy is complied with. However, this is only possible by including some of the social rented housing required by the outstanding s106 agreement.
These 30 social rented homes are required by the legal agreement associated with a legacy planning application and they should not be used to justify compliance with policy for this new planning application.
The mix of uses on the site should be considered without these 30 social rented homes which account for 3,338 sqm gea of floorspace.
The other part of the s106 agreement to provide 1,425 sqm of social rented housing (at least 14 homes) is not being complied with for the following reasons given by the applicants:
“Officers have agreed that as the application submitted in 2001 for the redevelopment of the Odeon Site was never implemented and an alternative scheme implemented, the requirement for the 1,425 sq.m is no longer relevant.”
This is a very disappointing concession by Camden planning officers especially when the s106 agreement was the subject of a application 2013/5050/P to “remove entirely the requirement for affordable housing obligations”.
This S106BA application to modify or discharge affordable housing requirements of the s106 planning agreement was refused by the council on 28 August 2013.
In our view planning officers cannot make this decision without the applicants making a separate S106BA planning application to modify the affordable housing obligations.
We recommend that this application is refused or the applicants asked to withdraw it.