Agenda item

Application made under S73 of the Town and Country Planning Act for minor material amendment to condition 2 of the Secretary of State's appeal decision APP/R5510/A/12/2183271 dated 8th January 2012 (LBH ref: 25760/APP/2012/2410) which was for Erection of a part four, part three and part two storey building with basement parking, comprising 11 one-bedroom, 27 two-bedroom and 4 three-bedroom residential flats and a retail unit on the ground floor fronting Field End Road (involving demolition of the existing building).

The application seeks to amend condition 2 and seeks the following:

1) Addition of 3 units all contained within the approved building envelope (Proposal to provide 45 units);

2) Alterations to the mix of accommodation proposed to comprise 14 x 1 bed, 30 x 2 bed and 1 x 3 bed;

3) Changes to the internal layout;

4) Changes to the basement design (45 spaces) and vehicular entrance ramp to the basement parking; and

5) External alterations to the appearance of the building.

Officers introduced the report and directed Members to note the changes in the addendum circulated at the meeting.

During discussion, the Committee amended Condition 17 to ensure parking spaces were allocated for the sole use of each residential unit. Condition 21 was also amended to include delivery and collection restriction on public holidays.

The recommendation contained in the officer’s report and amended conditions were moved, seconded and on being put to the vote was agreed.

Resolved

1. That delegated powers be given to the Head of Planning, Green Spaces and Culture to grant planning permission subject to:

A)Entering into an agreement with the applicant under Section 106 of the Town and Country Planning Act 1990 (as amended) and/or S278 of the Highways Act 1980 (as amended) and/or other appropriate legislation to secure:

1. Affordable housing: a financial contribution of £86,000 for off site provision plus review mechanism

2. Construction Training: a financial contribution equal to £2500 per £1m build cost and coordinator costs equal to £18,814.16 or an in kind scheme

3. Public Open Space: a financial contribution of £55,000

4. Town Centre Improvements: a financial contribution of £20,000

5. Education: a financial contribution of £40,281

6. Health: a financial contribution of £14,126.88

7. Libraries: a financial contribution of £1,500.73

8. Community Facilities: a financial contribution of £20,000

9. Project Management and Monitoring Sum: a financial contribution equal to 5% of the total cash contribution.

B) That in respect of the application for planning permission, the applicant meets the Councils reasonable costs in preparation of the Section 106 and/or 278 Agreements and any abortive work as a result of the agreement not being completed.

C) That Officers be authorised to negotiate and agree the detailed terms of the proposed agreement and conditions of approval.

D) If the Legal Agreements have not been finalised by 20th March 2014, delegated authority be given to the Head of Planning, Green Spaces and Culture to refuse planning permission for the following reason:

'The applicant has failed to provide contributions towards the improvement of services and facilities as a consequence of demands created by the proposed development (in respect of affordable housing, employment and construction training, public open space, town centre improvements, education, health, libraries and community facilities). The proposals therefore conflicts with Policy AM2, AM7 and R17 of the adopted Local Plan and the Councils Planning Obligations SPG.'

E) That subject to the above, the application be deferred for determination by the Head of Planning, Green Spaces and Culture under delegated powers, subject to completion of the legal agreement under Section 106 of the Town and Country Planning Act 1990 and other appropriate powers with the applicant.

F) That if the application is approved, the conditions and informatives set out in the officer's report be imposed subject to changes negotiated by the Head of Planning, Green Spaces and Culture prior to issuing the decision and subject to the changes in the addendum and the following amended conditions:

Amended Conditions

Condition 17 - No flat shall be occupied until details of a parking allocation scheme, for the development hereby permitted, have been submitted to and approved in writing by the Local Planning Authority. This shall include 1 space allocated for the sole use of each residential unit with each disabled unit being allocated a disabled parking bay. That scheme shall be operated with the approved details for the lifetime of the development. 

Condition 21 - Materials shall not be delivered to, or collected from, the site on Sundays, Public Holidays or outside of the hours 0700-1900 hours on Mondays to Saturdays; to include reference to Sundays, Public and Bank Holidays.