Agenda item

Erection of part 4, part 5 storey building to provide 51 self-contained residential units (22 x 1 bedroom and 29 x 2 bedroom) and three ground floor retail units Use Class A1 (217sqm) with 47 car parking spaces, 4 motorcycle spaces and 52 cycle parking spaces, communal and private amenity areas and landscaping works.

Recommendation: Delegated Powers

Erection of part 4, part 5 storey building to provide 51 self-contained residential units (22 x 1 bedroom and 29 x 2 bedroom) and three ground floor retail units Use Class A1 (217sqm) with 47 car parking spaces, 4 motorcycle spaces and 52 cycle parking spaces, communal and private amenity areas and landscaping works.

Office introduced the report and directed Members to note the changes in the addendum circulated at the meeting and in particular, the attached most recent version of the plans to that shown in the plans pack.  

It was reported that the proposed development was very similar to the scheme that had been appealed and sited within a secondary frontage. The   Committee was also asked to note that the appeal schemed was a material consideration in terms of height, bulk and size.

Officers verbally amended Condition 7 to include parking allocations for the commercial component of the proposed development.

In response to a query raised about 50 parking spaces being available to 51 flats, it agreed that the Condition 7 should be modified (last sentence) to read 'parking shall remain allocated and designated'

With regard to concerns about the lack of contribution to parks and public play areas (to take account of the two bedroom apartments that may be occupied by families with children), officers advised that the work scheme included a children's play area.

The recommendation contained in the officer’s report, additional condition 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:

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:

i.              Affordable Housing: that the scheme to be delivered with 5 units as Affordable with the tenure to be agreed.

ii.            Education: a contribution in the sum of £123,825.00 is sought.

iii.           Health: a contribution in the sum of £16,622.00 (£216.67 x 76.72) is sought.

iv.            Libraries: a contribution in the sum of £1,762.00 is sought.

v.            Public Realm/Town Centre: a contribution in the sum of £10,000 is sought.

vi.           Canalside improvements: a contribution in the sum of £20,000.00 is sought.

vii.         Air Quality: a contribution in the sum of £25,000 is sought.

viii.        Construction Training: either a contribution equal to the formula (£2,500 for every £1m build cost number of units/160 x£71,675 = 22,821.00 Total Contribution) or an in kind training scheme equal to the financial contribution delivered during the construction period of the development. As discussed our preference is for an in kind scheme to be delivered.

ix.           The provision of a travel plan including £20,000.00 Bond.

x.            Project Management and Monitoring Fee: a contribution equal to 5% of the total cash contributions secured from the scheme to enable the management and monitoring of the resulting agreement, is sought.

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:

i.              Affordable Housing: that the scheme to be delivered with 5 units as Affordable with the tenure to be agreed.

ii.            Canalside improvements: a contribution in the sum of £20,000.00 is sought.

iii.           Air Quality: a contribution in the sum of £25,000 is sought.

iv.           The provision of a travel plan including £20,000.00 Bond.

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, amendment to Condition 7 and changes outlined in theaddendum be imposed.

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