ARLINGTON HOUSE & 1-50 ARLINGTON SQUARE, MARGATE - Timing of the proposed works to Arlington House - Addendum

To:                               Planning Committee – 19 October 2011

By:                               Community Services Manager

Classification:             Unrestricted

Ward:                          Margate Central

Summary:                   The report is an addendum to the item regarding the timing of the proposed works to Arlington House, Margate. The report includes an alternative recommendation, which replaces that set out in the previous report.

For Decision

1.0 Introduction and Background

1.1 Since the report regarding the timing of development was written the applicant has advised that the works to Arlington House (except the 31 flats where the applicant’s control is unclear) can be completed prior to the trading of the store, rather than the fit out of the store.

2.0       The Current Situation

2.1 The timing of the works is considered to be reasonable and logical, with works progressing on Arlington House and the store concurrently. This will ensure that the development happens with minimum delay.

2.2 The council’s legal team have advised that this would be enforceable. This would also be consistent with the other obligations within the legal agreement, such as highway improvements, that must be completed before the store commences trading.

2.3       It is therefore recommended that Members agree that the works to Arlington House (except the 31 flats where reasonable endeavours shall be used to replace the windows) shall be completed before the store commences trading. This would secure the development of the site and meet the council’s regeneration objectives.

3.0       Options

3.1       Members to agree that the works to Arlington House be completed (except for the 31 flats where the applicant’s control is unclear) before the store commences trading, secured through the legal agreement.

3.2       Members to retain the existing timescale that work cannot begin on the store until the works to Arlington House are complete (except for the 31 flats where the applicant’s control is unclear), increasing the timescale of the development by six to twelve months.                       

4.0 Corporate Implications

4.1 Financial

4.1.1 There is a risk that the applicant may not agree to an extended timescale and may appeal against the council’s non-determination of the application. This may require legal advice that could incur a charge to the council.

4.2       Legal

4.2.1 If an appeal were to be submitted this may require the input of the council’s legal team.

4.3       Corporate

4.3.1    The application agreed by Members is considered to help to achieve good quality development that enhances the appearance of the District.

4.4       Equity and Equalities

4.4.1    There are no equity or equalities issues affected by this decision.

5.0       Recommendation

5.1       That Members agree that the works to Arlington House be completed before the store commences trading (except for the 31 flats where the applicant’s control is unclear), secured through the legal agreement.

6.0       Decision Making Process

6.1 Members to decide.

Contact Officer: Cherry Aplin – Assistant Planning Manager – ext 7634

Reporting to: Madeline Homer – Community Services Manager