Agenda item

The report before members detailed an application for the demolition of the former Elmhurst Lodge care home and two semi-detached houses and the construction of a residential development, comprising of 21 houses and 6 apartments. 

Members were advised that a Three Dragons viability assessment had been submitted by the applicant to justify the level of affordable housing and the amount of Section 106 contributions arising from the development.

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

Mr Oakley objected to the application on the basis that there was a restricted covenant on the land that prevented buildings higher than one storey high.

Mr Oakley also claimed that any development would lead to a loss of privacy and light to neighbouring properties.

Mr Miles, speaking on behalf of the applicant, advised that the developers Bellway and the Council’s solicitors had found no evidence of a restricted covenant on the land and following consultations had amended the proposed scheme including removing proposed houses to reduce the impact on neighbouring properties.

With its agreement, Councillor Georgina Galpin addressed the Committee.  Councillor Galpin commented that she supported the development and welcomed the opportunities the proposal would give to families moving into the area.

During discussions members commented on the maintenance of the area and access to the landscaped area which included an adopted roadway.

It was RESOLVED that planning permission be granted subject to the conditions as set out in the report and subject to

·               Change to bullet point 4 (page 18) on S106 to read after 'and' - 'the provision of a scheme of planting'.

·               Change to bullet point 5 on S106 delete 'to the cost of providing', replace with 'in relation to the provisions of'.

·               Change to condition 18:

18.       Land contamination - The developer shall submit for the written approval of the Local Planning Authority (the Phase I Report having already been submitted to the Local Planning Authority) the following reports, as required, in accordance with the specified timescales:

a)         Prior to commencement of development: A Phase I (Desktop Study) Report documenting the history of this site, its surrounding area and the likelihood of contaminant/s, their type and extent incorporating a Site Conceptual Model.

b)         Prior to commencement of development: A Phase II (Site Investigation) Report if the Phase I Report confirms the possibility of a significant risk to any sensitive receptors. This is an intrusive site investigation including factors such as chemical testing, quantitative risk assessment and a description of the site ground conditions. An updated Site Conceptual Model should be included showing all the potential pollutant linkages and an assessment of risk to identified receptors.

c)         A Phase III (Risk Management Strategy) Report if the Phase II Report confirms the presence of a significant pollutant linkage requiring remediation. The report will comprise two parts:

Part A - Prior to commencement of development: Remediation Scheme which will be fully implemented before it is first occupied. Any variation to the scheme shall be agreed in writing to the Local Planning Authority in advance of works being undertaken. The Remediation Scheme is to include consideration and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any further contamination shall be fully assessed and an appropriate remediation scheme submitted to the Local Planning Authority for written approval.

Part B - Following completion of the development: Following completion of the remediation works a 'Validation Report' must be submitted demonstrating that the works have been carried out satisfactorily and remediation targets have been achieved.

d)         If during development works any contamination should be  encountered which was not previously identified and is derived from a different source and/or of a different type to those included in the contamination proposals, then revised contamination proposals shall be submitted to the LPA; and

e)         If during development work, site contaminants are found in areas previously expected to be clean, then their remediation shall be carried out in line with the agreed contamination proposals. For further guidance see the leaflet titled, 'Land Contamination and the Planning Process'.

·               Change to condition 22 to limit removal of permitted development rights to Class B, roof extensions only.

·               Additions to condition 6 and/or 11 to require details of frontage hard and soft landscape and boundary treatment to ensure that no obstruction to easy maintenance of area is installed/built

·               Subject to S106 - do not issue decision.