Agenda item

The application before Members was for outline permission for 2 two bedroom, three person, single storey dwellings including the associated amenity space and car parking with all matters reserved. Appearance, siting, landscaping, scale and layout were the reserved matters.

The application was brought before committee as the application site was Council owned.

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

The objector commented that the plans on show were slightly inaccurate showing the refuse collection area in the wrong position. The objector also commented that the site had been maintained for nearly twenty years and gates had previously been erected, at his own expense, to prevent fly tipping. The objector concluded by commenting that there had been no consultation between the Council and residents.

In response the applicant’s agent commented that the design of the site had been what had been requested by the Council and that there was some flexibility regarding the future layout of the site.

During the debate Members discussed the refuse collection arrangements for the site, sought and received clarification of the height of the fencing surrounding the site and whether boundary treatment would be afforded to the site.

Members also discussed the current condition of the site which was in a state of disrepair and the legal ownership of the site which would remain in the Council’s ownership.

Members noted that the dwellings were liable for Mayoral CIL and the extent of liability would be determined at the reserved matters stage.

It was RESOLVED that the proposal was unacceptable as it stood but would be acceptable subject to the applicant entering into a Section 106 Legal Agreement under the Town and Country Planning Act 1990 (as amended), to secure the following:

• A financial contribution of £12,000 to be paid prior to the commencement of the development, to be used for educational purposes in accordance with the Policy DC72 of the LDF Core Strategy and Development Control Policies Development Plan Document.

• 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.

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

• The payment of the appropriate planning obligations monitoring fee prior to the completion of the obligation.

That the Head of Regulatory Services be authorised to enter into a legal agreement to secure the above and upon completion of that agreement, grant outline planning permission subject to the conditions as set out in the report and to include an additional condition requiring a visibility mirror at the access point and an amendment to condition 9 making it explicit that refuse storage/collection details should demonstrate that refuse will not obstruct access or overspill onto highway.

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

Councillor Williamson abstained from voting.