Agenda item

Refurbishment and extension of existing office building (Class B1a) with up to 1000sqm of ancillary Class A1, A3, D2 uses, including a 6-storey extension to the Vine Street elevation, a 3-storey extension to the Windsor Street elevation, and an extension at roof level, together with revised parking and servicing arrangements, enhanced landscaping and associated public realm improvements.

Recommendation: Delegated Powers

Refurbishment and extension of existing office building (Class B1a) with up to 1000sqm of ancillary Class A1, A3, D2 uses, including a 6-storey extension to the Vine Street elevation, a 3-storey extension to the Windsor Street elevation, and an extension at roof level, together with revised parking and servicing arrangements, enhanced landscaping and associated public realm improvements.

Officers introduced the report and directed Members to note the changes in the addendum circulated at the meeting. It was noted that the proposed development covered all uses that would be accepted in a town centre location.

Standard condition COM11 was deleted, as it was considered that it was highly unlikely that a gym would have an unacceptable use in a town centre location.

In response to a query raised about the external material proposed, officers advised that these would be required to be approved in writing by the Local Planning Authority as set out in Condition 4.

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 highways works as required.

2.    Travel Plan: Securing a Travel Plan, including a £20,000 bond.

3.    Public Realm: A scheme of works to the Windsor Street / Charter Place area to be agreed between the Developer and the Council, to be carried out at the applicant's expense.

4.    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 + 14/160 x £71,675 = total contribution).

5.    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 highways works as required.

2.    Travel Plan: Securing a Travel Plan, including a £20,000 bond.

3.    Public Realm: A scheme of works to the Windsor Street / Charter Place area to be agreed between the Developer and the Council, to be carried out at the applicant's expense.

4.    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 + 14/160 x £71,675 = total contribution).

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 31/10/2014, 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 highways, sustainable transport, public

realm, and construction training). 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 set out in the officer's report be imposed, together with the deletion of Condition COM11 and  changes outlined in the addendum.