Agenda item

The report before members sought an amendment to the terms of planning permission P0585.12 that was granted approval on 19 July 2012.

During a brief debate members sought clarification of terms and conditions of the Section 106 Agreement terms and conditions.

Members raised concerns over the delay in completing the agreement.

Following a motion it was RESOLVED that planning permission be granted subject to

• the completion of a legal agreement to be completed within one calendar year, by 13 September 2012;and

• the requirement that should the legal agreement not be completed within one calendar year, by 13 September 2012, planning permission be refused on the grounds that the proposal does not make adequate arrangements for the provision of affordable housing within the development; and fails to meet the necessary infrastructure costs arising from the development.

The vote for the motion was carried by 6 votes to 4. Councillors Oddy, Brace, Kelly, Misir, Osborne and Pain voted for the motion. Councillors Eagling, Hawthorn, McGeary and Durrant voted against the motion.

The vote for the substantive motion was carried by 6 votes to 4. Councillors Oddy, Brace, Kelly, Misir, Osborne and Pain voted for the substantive motion. Councillors Eagling, Hawthorn, McGeary and Durrant voted against the substantive motion.

It was RESOLVED in line with officers recommendation that planning permission be granted, but to include the motion to limit the application to a twelve month period, and to include 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 £96,000 towards the costs of infrastructure associated with the development in accordance with the draft Planning Obligations SPD;

•           The provision of 8 units within the development as affordable housing with 6 of those units made available for social housing and 2 of those units as shared ownership. Should any owners of shared equity units staircase to 100% equity, provision shall be made for any subsidy (if relevant) to be recycled for alternative affordable housing provision in accordance with Annex 2 of the National Planning Policy Framework;

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

•           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 for completion of the agreement shall be paid prior to the 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 Staff 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 set out in the report and to include an additional condition that subject to requirement that if the legal agreement is not signed and completed within one calendar year, ie by 13 September 2013 that planning permission be refused on grounds that the proposal did not make adequate arrangements for the provision of affordable housing within the development, or met the necessary infrastructure costs arising from the development.

The vote for the resolution to grant planning permission was granted by 6 votes to 4. Councillors Oddy, Brace, Kelly, Misir, Osborne and Pain voted for the resolution. Councillors Eagling, Hawthorn, McGeary and Durrant voted against the resolution.

As stated at the beginning of the minutes, Councillor Barry Tebbutt declared a prejudicial interest in the application. Councillor Tebbutt informed the Committee that a business customer of his adjoined the application site. Councillor Tebbutt left the room during the discussion and took no part in the voting.