Agenda item

Report attached

The report before members detailed an application for a residential development to provide four 3 bedroom houses, demolition of the existing dwelling and garage to the front of the site.

The application was first brought before Members on the 19 December 2013 when Members resolved to approve the application subject to conditions, the completion of a legal agreement, and no adverse comments being received prior to the expiration of the statutory consultation period. However, objections were received within the consultation period and the application was reported back to Members on 30 January 2014.

 On the 30 January 2014 Members again resolved to approve the application subject to conditions, and the completion of a legal agreement. However, some errors in the recommendation made to Members on the 30 January, namely the figures provided in relation to the Mayoral CIL contribution and the Infrastructure contribution required the application to be reconsidered.

It was noted that one late letter of representation had been received.

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

The objector raised concerns relating to the possible removal of asbestos, unacceptable harm to living conditions and noise nuisance during the construction period. The objector also raised concerns over the risk of flooding.

In reply the applicant confirmed that the proposal had not changed since the  application was last considered and approved in January and that the confusion regarding Section 106 funding had now been resolved.

During a brief debate members received clarification of the width of the access road and refuse storage arrangements.

Members noted that the proposal was liable for a Mayoral CIL contribution of £4,720 and 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 £18,000 towards the costs of infrastructure associated with the development in accordance with the 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 for shall be paid prior to completion of the agreement and if for any reason the agreement is not completed the Council’s reasonable legal fees shall be paid in full;

•           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 as set out in the report.

In the event that the Section 106 agreement was not signed and completed by the 30 September 2014, that planning permission be refused on the grounds that the proposal did not make adequate arrangements for the provision for meeting the necessary infrastructure costs arising from the development.