Agenda item

The report detailed an application for the demolition of the existing garage units at the site, and their replacement with a four bedroom, detached dwelling.  The proposed dwelling would be accompanied by a front and rear garden, and driveway with four parking spaces and a detached garage building. It was noted that vehicular access would be taken from Vernon Road.

It was noted that should planning permission be granted a Mayoral Community Infrastructure Levy (CIL) payment would be required for the sum £2,660.00.

An amendment to the report was outlined to members. It was noted that paragraph 6.5.3 was to be replaced with the following:

“The access is 4.5 metres in width and is subject to Condition 15 which secures pedestrian access over Public Footpath 21 which forms part of the otherwise private access road. Drawing Reference Number sps1355/1 which is referred to in planning condition 15 indicates by broken black line the route of the public footpath as used by the public within the application site. The access will be sufficient to allow access for emergency vehicles and the Highway Authority has raised no objections to the arrangements.”

It was RESOLVED that, subject to the expiration of the consultation period on 29 June 2012 and any consultation responses received raising no new material considerations other than those already considered by Committee, the Committee delegate to the Head of Development and Building Control authority to grant planning permission, subject to the completion of a legal agreement and planning conditions. If new material considerations were raised, then the matter be remitted back to Regulatory Services Committee for its further consideration and resolution.

In addition, 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:

•           The sum of £6000 towards the costs of infrastructure associated with the development in accordance with the draft Planning Obligations SPD;

•           All contribution sums shall 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 Council’s reasonable legal fees in association with the preparation of the Agreement shall be paid prior to completion of the agreement irrespective of whether or not it is completed;

•           The Council’s planning obligation monitoring fees shall be paid prior to completion of the agreement.

That, subject to there being no new material considerations, the Head of Development and Building Control 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 and an additional condition to require the following:

“Condition 15: Public Footpath 21

Prior to the commencement of development a scheme shall be submitted in writing to the Local Planning Authority setting out detailed measures to be implemented to ensure continued access for the public over Public Foot Path 21 within the application site as shown by the broken black line on drawing reference sps 1355/1 such approved scheme shall include details of surface treatment for a section of Public Footpath 21 to distinguish it from the remaining part of the access road for the length of the access road to the application site from Vernon Road and the approved scheme shall be implemented prior to the first occupation of any dwelling within the application site.

Reason:

To ensure that access by the public on foot is not obstructed over that section of Public Foot Path 21 that falls within the application site and that the surface treatment of that section of Public Footpath 21 for its full length along side the access road is clearly distinct from the remaining part of the access road.”