Application Number: 18/P3354                  Ward: Wimbledon Park

Officer Recommendation: GRANT Variation of Conditions, subject to conditions and deed of variation to the S106 agreement

GRANTED Variation of Conditions, subject to conditions and deed of variation to the S106 agreement

Proposal: Application under Section 73 to vary conditions 3 (approved plans) and 20 (opening hours) and omit conditions 22, 23, 44 and 46 (all relating to café and crèche) attached to LBM planning permission 14/P4361 (football stadium, commercial and residential development).

The Committee noted the officer’s report and presentation and additional information in the Supplementary Agenda. The Committee received verbal presentations from two objectors, the applicant’s agent and a Ward Councillor

The Objectors made points including:

·         Concerned about the scraping of the crèche as it was the only community provision in this application

·         Unclear who decided that this childcare was unnecessary in this area

·         In fact there are a growing number of young children in Wimbledon Park and there is a demand for childcare. This is shown in Merton Council’s own Childcare Sufficiency Report

·         Why isn’t the Council asking the Developer to provide childcare within this huge development

·         Air pollution kills 33 people in London every day.

·         Merton’s Planning Guidelines say that applications must be refused if they will make air pollution worse.

·         NO₂  Levels in this area have not been properly considered and a survey should be carried out by an Environmental Statistical expert should be carried out.

·         A decision on this application should be delayed until these levels have been quantified

The Applicant made points including:

·         We did discuss the crèche with childcare providers but they thought that a crèche would not be commercially sustainable as there were problems with the site that could not be overcome.

·         There are other community uses on the site; the Squash and Fitness Club

·         The application is supported by a full statement of Air Quality that was undertaken by specialists who concluded that there were no issues. As part of this we have reduced the residential and stadium car park.

·         We are now providing 28 additional affordable homes in the development

The Ward Councillor Ed Gretton made points including:

·         The Childcare Sufficiency Study does say that there is a need for childcare in the Wimbledon Park area

·         There are serious issues with air quality in the area. It would be appropriate to adjourn the decision on this application until further investigation has been done

·         Would like to re-instate the previous design of a softer radial curve.

In reply to Member’s questions, Officers replied that the original application proposed 60 affordable units, this has now been increased by a further 20. In addition there 100 shared ownership units proposed but these are not part of the S106 agreement; if these are delivered they will count towards the affordable housing target of the borough, but the Council will not have nomination rights on the units

A member commented that he was disappointed that the Council hadn’t pursued the applicant regarding the loss of the crèche, and that he proposed a recommendation that the applicant be pursued for a clawback of money towards childcare. This was proposed and seconded. Officers advised against such a recommendation as there was no legal requirement to provide a crèche at the site and it was not covered by policy or by the S106 agreement, and it would be unreasonable to require an off-site contribution towards providing a crèche. This recommendation was defeated by the vote.

A member commented that the new design of the Stadium, with the squaring of the corners, is a backward step. He felt that the original design is preferable and it would be disappointing to lose this and these design issues could be addressed quickly and easily. Accordingly he proposed a refusal of the application on the grounds of a compromised design but did not receive a seconder.

RESOLVED

The Committee voted to GRANT Planning Permission subject to conditions and deed of variation to the S106 agreement