Kilburn Square – Brent planners seek to reduce Affordable Housing by stealth

 Guest post by Philip Grant in a personal capacity

The recent guest post by the Chair of Kilburn Village Residents’ Association, Kilburn Square – Decision time (Chapter One) is finally here this Wednesday, ends with a reference to a future decision which will have to be made if planning permission for Brent Council’s proposed scheme is approved. But if Planning Officers get their way, there will be no Chapter Two.

 

Martin’s earlier blog about the various Brent infill housing applications on the agenda for Wednesday evening’s Planning Committee meeting, Say after me, 'The benefits of the scheme outweigh the harm/impact/conflict with policy', showed how Brent’s Planning Officers are using claimed “public benefits” to justify ignoring any objection points against the applications they are recommending should be accepted.

 

The main “public benefit” which they say would ‘far outweigh any harm’ on the Kilburn Square application (despite the many valid objection points set out in the KVRA Chair’s recent article) is that the proposed 139 new homes would all be affordable housing. That is what the application’s Affordable Housing Statement (Final) says, despite Brent’s Cabinet giving the green light to some of them being "converted" to shared ownership or even outright sale at its meeting in November 2022.

 

The rent details from the application’s Affordable Housing Statement (Final)

 

The affordable housing proposed in the Kilburn Square application is 99 "general needs" homes at the genuinely affordable London Affordable Rent ("LAR") level, and 40 New Accommodation for Independent Living ("NAIL") flats at the "intermediate" Local Housing Allowance rent level.

 

Other local Brent housing estate applications (Watling Gardens and Windmill Court) approved in 2022, under the current Brent Local Plan policies, also showed that all of their new homes would be for genuinely affordable housing (LAR, or Social Rent level for returning existing tenants). The affordable housing condition (Condition 3) in their planning consent letters made clear that 100% of the homes would be affordable housing, as set out in those applications. The reason given for this condition was: 'In the interests of proper planning.'

 

There have been no changes in planning policy or law since those consents were issued in April 2022, so the position should be the same for Kilburn Square.

 

However, if you look closely at the proposed Condition 3 in the draft decision notice, tucked away at the end of the Planning Officers’ Committee Report for Kilburn Square, it says:

 

'The development hereby approved shall contain 139 residential dwellings. A minimum of 50 % of those dwellings (measured by habitable room or number of homes) shall be provided as Affordable housing ....'

 

I submitted an objection to this proposed condition, and I will ask Martin to attach a copy of the pdf version of it (which I submitted online, and emailed to the three key Planning Officers - Head of Planning, Development Management Manager and Case Officer – on Sunday evening) at the foot of this article, for anyone to read if they are interested. 

 

I also objected to a weird Condition 4 in the draft decision notice, also concerning affordable housing, for which there was no mention or explanation of in the body of the Committee Report:

 

The opening part of the proposed Condition 4 from the draft decision notice.

 

If the application is approved on Wednesday, as recommended by Planning Officers, allowing affordable housing Condition 3 to stand would totally undermine the "public benefits" which the application is meant to provide. 

 

A minimum of 50% of the proposed new homes would be 70, leaving 69 which Brent's New Council Homes team could "convert" away from genuinely affordable LAR rent to local people in housing need. They could even be “converted” from affordable housing to private sale, leaving as few as 30 of the 99 “general needs” homes at LAR rent level, promised by the application, actually delivered by Brent Council’s Kilburn Square project.

 

What is equally as bad is that Planning Officers are trying to do this "by the back door". When Brent wanted to "convert" some of the Watling Gardens LAR homes to shared ownership, they had to make a fresh planning application to change Condition 3 in the 100% affordable housing consent they'd received for the scheme.

 

My objection is seeking to have Condition 3 of the planning consent, if Planning Committee approve the plans, require that 100% of the 139 homes should be affordable housing, as set out in the application itself. 

 

I am also seeking that the Condition(s) should include a requirement that any change the applicant (Brent Council!) wishes to make to that affordable housing condition should be made by way of a “material change” application under Section 73, Town and Country Planning Act 1990. That type of application requires public consultation (so the chance to object), and detailed consideration of the reasons and evidence given for seeking a change.

 

I had drawn attention to the discrepancy between what the Kilburn Square application promised for affordable housing and the November 2022 Cabinet decision on “conversion” of units from LAR last February (Kilburn Square – Brent must come clean on affordable housing!). When Brent’s planning agent did not submit revised affordable housing details, Brent’s Head of Planning promised that the application would be ‘considered as submitted’. 

 

This should have meant that the affordable housing condition would specify 100% affordable housing. To change that, by stealth, to ‘a minimum of 50% affordable housing’ feels like a dirty trick, which Brent’s Planning Officers should be ashamed of!

 

Philip Grant

 

 

 

Brent planners recommend Queensbury pub demolition scheme despite vociferous local opposition

This pub will be demolished unless Brent Planning Committee reject planning officers' recommendation

The fears of the Queensbury Pub campaigners that Brent Council will give in to the developer of the Willesden Green site and agree to the demolition of the well-loved pub appear to have been realised.

Two almost identical schemes have been put forward and the planners reject Scheme A and recommend acceptance of Scheme B.

The developer is currently at Appeal over the Council’s rejection of the earlier scheme, Campaigners claim that their FOI request revealed that the developer agreed with Brent Council that the appeal will be dropped if the Planning Committee grant the Scheme B application.  The Planning Committee papers do not note that agreement.

Officers note (claim?) that ‘less than substantial harm has been identified in the loss of the building’ housing the public house and that the identified harm is ‘outweighed by the significant public benefits’ of the scheme.

The scheme does not meet the Council’s 50% affordable housing target but that is glossed over by a vague reference to a ‘post-implementation’ review.

There is no guarantee that the replacement pub space would have a kitchen despite the fact that the survival of public houses these days depend on their offering meals and the food offer is a strength of the current pub.

The development would yield a sum of  £890,000 in Council Infrastructure Levy (CIL).

Officers’ Conclusions (FULL REPORT HERE)

The proposed development is considered to have addressed the issues identified with the scheme currently at Appeal. Whilst less than substantial harm has been identified in the loss of a building which is viewed as making a positive contribution to the character of the Mapesbury Conservation Area, the identified harm is outweighed by the significant public benefits which arise from the scheme. These include: the removal of visible negative public realm features such as signage and poorly designed extensions; direct street-level access; an increase in housing provision and affordable housing provision, the provision of a formal community space/ function room. 

Whilst design will always be a subjective matter, the removal of the bulky and intrusive front elevation results in a building which appears more coherent in the streetscene and in keeping. Internally, the standard of accommodation of individual units is improved with more regular shaped rooms proposed and units meeting with the Technical Standards; and outlook and amenity space provision is also considered acceptable. No issues are again raised in relation to neighbour impact. 

The overall design of the public house is now considered to be suitably distinctive from the residential elements. The applicant has reviewed other design options such as retaining the existing building, however as discussed above, a viable scheme would result in a scheme which would completely dominate the existing building, have unacceptable impacts on neighbouring occupiers or unacceptably alter the existing building. 

The affordable housing offer of 35 % does not meet the 50 % target set out in current Council’s adopted policy and there remains some disagreement in relation to the some of the variables and the associated potential surplus generated by the scheme. However, it is considered that this can be resolved through a post implementation review which would use actual sales values and build costs as opposed to hypothetical values. Any money received will contribute towards much needed affordable housing elsewhere in the Borough. It is also noted that the current offer by the applicant of 35% affordable by habitable room would comply with the draft London Plan and with emerging local policy. 

The Planning Committee will decide on the application on June 19^th, 6pm at Brent Civic Centre. If you wish to speak on the application email:
joe.kwateng@brent.gov.uk

The Save The Queensbury Campaign  told Wembley Matters:

Once again we rely on members of the Planning Committee to take an objective view of the three schemes before them. Members are asked to back a scheme they’ve effectively Refused and now subject to Appeal. Members are not told that granting the scheme will take the Appeal off the table; that deal has been done.

None of the schemes meet Affordable housing targets and worryingly, there are no plans for the community groups using the pub six mornings a week. Much is promised in future reviews and legal paperwork but that will be done behind closed doors and without community involvement.

Neither the developer or officers have offered any evidence that the community welcomes this decision.

Members should not fear going against their officers. They did this before and Brent went on to win the Appeal and we are confident that the same can happen again.

Last chance to ensure it's not 'Last Orders' for the Queensbury Pub

 
Message from Save the Queensbury campaign

Planning officers are recommending that The Queensbury is demolished. A decision will be made on Weds 12th March.

If you submitted an objection to the planning application to demolish the Queensbury you will receive a letter (or may have already received one) from Brent Council. Unfortunately the recommendation of planning officers is to approve the plans – but this is just a recommendation, the final decision will be made by the elected councillors who sit on the Planning Committee. The planners’ report with its recommendation can be found here. Its a long report, we’re still reading and digesting it but there is plenty in it to challenge.

There are 2 important dates:

Saturday 8 March: At approx 11.15am the Planning Committee will visit The Queensbury for a site visit. Your presence is also requested so that they see the strength of feeling in the community. This is not a demonstration (only one of us will be allowed to address the committee at the end of the visit) but home made signs and banners will be welcome. Be as creative as you like!

Weds 12 March: The decision will be made at the Planning Committee meeting which takes place at 7pm at Brent Civic Centre (directions here). Again your presence is needed.
Anyone wanting to travel together to the Planning Committee meeting on 12th March should meet at Willesden Green station at 6.15pm

Please support this last effort to Save the Queensbury. Too much has already been lost to developers in Willesden Green and this building and what goes on inside is a vital community asset.