Agenda item

Change of use of existing building from office (Use Class B1(a)) to 123-room Hotel (Use Class C1), including 4-storey side extension (to rear of adjacent petrol station), and 4-storey rear extensions, and associated alterations to landscaping and car parking.

Recommendation: Approval subject to Legal Agreement

Change of use of existing building from office (Use Class B1(a)) to 123-room Hotel (Use Class C1), including 4-storey side extension (to rear of adjacent petrol station), and 4-storey rear extensions, and associated alterations to landscaping and car parking.

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

An additional plan was reported and Condition 4 (2a) was amended to include refuse management plan.

Condition14 (2d) was also amended to include disabled parking spaces and provision for two motor cycle spaces.

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

Resolved:

That delegated powers be given to the Head of Planning, Green Spaces and

Culture to grant planning permission subject to the relevant conditions set out

below:

EITHER:

A)(1) That prior to the Council's Community Infrastructure Levy coming into force, the Council enters into an agreement with the applicant under Section 106 of the Town and Country Planning Act 1990 (as amended) and/or other appropriate legislation to secure:

1. Highways: to secure all necessary works and the provision of a Travel Plan,

including Sustainable Transport Measures (such as a hopper bus service).

2. Construction Training: either a financial contribution, or an in-kind scheme

delivered during the construction phase of the development, should be secured (in either event the 'obligation' should be delivered equal to the formula of £2,500 for every £1 million build cost).

3. Air Quality: in line with the SPD and given the site is located in an air quality

management area then a contribution in the sum of £25,000.

4. Project Management and Monitoring Fee: a financial contribution equal to 5% of the total cash contributions towards the management and monitoring of the resulting agreement.

OR:

A)(2) That following the Council's Community Infrastructure Levy coming into

force, the Council enters into an agreement with the applicant under Section 106 of the Town and Country Planning Act 1990 (as amended) and/or other appropriate legislation to secure:

1. Highways: to secure all necessary works and the provision of a Travel Plan,

including Sustainable Transport Measures (such as a hopper bus service).

2. Construction Training: either a financial contribution, or an in-kind scheme

delivered during the construction phase of the development, should be secured (in either event the 'obligation' should be delivered equal to the formula of £2,500 for every £1 million build cost).

3. Air Quality: in line with the SPD and given the site is located in an air quality

management area then a contribution in the sum of £25,000.

B) That in respect of the application for planning permission, the applicant meets the Council's reasonable costs in preparation of the Section 106 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) That if any of the heads of terms set out above have not been agreed and the S106 legal agreement has not been finalised before 28/07/2014, or such other date as agreed by the Head of Planning, Green Spaces and Culture, 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 the environment as a consequence of demands created by the

proposed development (in respect of construction training and air quality). The

proposal therefore conflicts with Policy R17 of the adopted Local Plan and the Council's Planning Obligations SPD and Air Quality 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 the 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 should the application be approved following the Council's Community

Infrastructure Levy coming into force, the applicant shall pay the required levy on the additional floorspace created.

G) That if the application is approved, the conditions and informatives in the officer's report, amendments to Conditions 4 (2A), 14(2d), amended plan and changes outlined in theaddendum be imposed.