Agenda item

Erection of 44 residential apartments with associated access, car parking, landscaping, and associated works (involving demolition of existing buildings).

Recommendation: Delegated Powers

Erection of 44 residential apartments with associated access, car parking, landscaping, and associated works (involving demolition of existing buildings).

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

In response to a query raised about there being only 35% requirement of affordable housing, officers advised that in terms of S106 agreement, it was likely that it would be 100% but would depend on the applicant's

funding/partnership arrangements.

The Legal Advisor advised that the S106 agreement would be between the Council and the provider.

Condition 8 was amended to ensure that parking was designated and allocated for the sole use of the units.

The recommendation contained in the officer’s report and amendment to Condition 8 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:

1.    Highways: S278/S38 agreement may need to be entered into to secure highways works subject to comments from the Highways Officer.

2.     Affordable Housing: The scheme to deliver 35% of the units as Affordable Housing with the tenure to be agreed.

3.    Education: a contribution in the sum of £160,216.00 is sought.

4.    Health: a contribution in the sum of £15,173.73 is sought.

5.    Libraries: a contribution in the sum of £1,611.15 is sought.

6.    Air Quality: a contribution in the sum of £25,000.00 is sought.

7.    Construction Training: either a contribution equal to the formula (£2,500 fo for every £1m build cost + number of units/160 x£71,675 = Total Contribution of £19,710.63) or an in-kind training scheme equal to the financial contribution delivered during the construction period of the development with the preference being for an in-kind scheme to be delivered.

8.    Canal and River Trust: a contribution in the sum of £15,000.00 is sought.

9.    Safeguarding the strip of land to be used for public highway widening.

10. 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.              Highways: S278/S38 agreement may need to be entered into to secure highways works subject to comments from the Highways Officer.

ii.            Affordable Housing: The scheme to deliver 35% as Affordable Housing with the tenure to be agreed.

iii.           Canal side improvements: a contribution in the sum of £15,000.00 is sought.

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

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

vi.           Safeguarding the strip of land to be used for public highway widening.

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 affordable housing, transfer of land for highway widening, canal side improvements, travel plan, education, health, libraries, transfer 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 set out in the officer's report, amendment to Condition 8 and changes outlined in the addendum be imposed.