Agenda item

The application before members related to a Council owned area of undeveloped land. The application proposed the erection of one 3 bedroom bungalow.

In accordance with the public speaking arrangements, the Committee was addressed by an objector without a response by the applicant.

The objector advised that neighbours of the development site had purchased their properties because of the privacy of the area and that this would be destroyed by overlooking from the proposed development. The objector also raised concerns regarding the welfare of the horses that were kept in a field at the end of the footpath located on the site.

With its agreement Councillor Keith Darvill addressed the Committee.

Councillor Darvill commented that he was objecting to the proposed development on behalf of the residents of Keats Avenue. Councillor Darvill advised that the development would affect the amenity of the neighbouring properties. Councillor Darvill also commented that the horses’ welfare was of importance during the construction phase.

During the debate members clarified that the area was not deemed as a green space but a disused piece of land. Members also sought clarity on various issues including whether the gate to the access would be kept or not and what arrangements would need to be put into place to ensure the welfare of the horses stabled at the rear of the site be maintained. 

The Committee noted that the proposed development would be liable for a Mayoral CIL payment of £1,644 and it was RESOLVED to delegate to the Head of Regulatory Services PROVIDED THAT it is confirmed that no part of the access forms part of a public right of way (if the access or any part thereof is confirmed a public Right of way the application be advertised in the appropriate manner and remitted following further consultation to the Committee) to approve subject to the prior completion of a legal agreement and 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 (and subsequently on taking transfer of title to the application site from the Council to enter a further Deed under section 106 of the Town and Country Planning Act 1990 confirming that the obligation set out below bind the applicant as transferee/owner of the application site):

·         A financial contribution of £6,000 to be used towards infrastructure costs.

·         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.

·         To pay the Council’s reasonable legal costs in association with the preparation of a legal agreement irrespective of whether the legal agreement is completed.

·         Payment of the appropriate planning obligation/s monitoring fee 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.

The vote for the resolution to grant planning permission was carried by 9 votes to 1.

Councillor McGeary voted against the resolution to grant planning permission.