Agenda item

Planning permission P0110.16 was granted in October 2017 for the construction of a roof extension to create two additional floors comprising of eight residential flats.

Due to practical issues involving compliance, the application sought to remove condition 9 of the planning permission under Section 73 of the Town and Country Planning Act, 1990. The condition required that the new dwellings were constructed to comply with the Accessible and Adaptable Dwellings legislation.

In accordance with the public speaking arrangements the Committee was addressed by an objector with a response by the applicant.

The objector commented that works that were needed to comply with the legislation were inconvenient but not impossible to overcome. The objector also commented as to why the conversion to the lifts in the property had not been identified at the initial application stage. The objector concluded by commenting that he believed consideration of the report should be deferred to allow for further investigations to take place.

The applicant responded by commenting that it would prove very difficult and costly to move the existing lift shafts. The applicant concluded by commenting that if the lifts were to be altered it would mean residents having to vacate their homes for a period of time.

The Committee considered the report noting that the proposed development qualified for a Mayoral CIL contribution of £6,300 and RESOLVED that the removal of condition 9 of the planning permission P0110.16  under Section 73 of the Town and Country Planning Act, 1990 proposal was unacceptable as it stood but would be acceptable subject to the applicant entering into a Deed of Variation under Section 106A of the Town and Country Planning Act 1990 (as amended) to vary the existing legal agreement, completed on 12 October 2017, in respect of the previous planning permission P0110.16 by varying the definition of Planning Permission which should mean either planning permission P0110.16 as originally granted or planning permission P2078.17 and any other changes as may be required from this, to secure the following obligations, by 22 June 2018, and in the event that the deed of variation was not completed by such date then the application should be refused:

•           A financial contribution of £48,000 to be used for educational purposes.

•           All contribution sums should include interest to the due date of expenditure and all contribution sums to be subject to indexation from the date of completion of the Section 106 agreement to the date of receipt by the Council.

•           Save for the holders of blue badges that the future occupiers of the proposal would be prevented from obtaining  or purchasing parking permits for their own vehicles for any existing, revised or new permit controlled parking scheme.

•           The Developer/Owner to pay the Council’s reasonable legal costs associated with the Legal Agreement prior to the completion of the agreement irrespective of whether the agreement was completed.

•           Payment of the appropriate planning obligations monitoring fee prior to the completion of the agreement.

That the Assistant Director of Development be authorised to enter into a legal agreement to secure the above and upon completion of that agreement, grant planning permission subject to the conditions as set out in the report.

The vote for the resolution to grant planning permission was carried by 10 votes to 0 with 1 abstention.

Councillor Hawthorn abstained from voting.