Agenda item

 The application before members was for the conversion and extension of the existing buildings to provide four flats over two floors and A1/A2 (retail/financial and professional services) floorspace on the ground floor.

The application followed the refusal by the Committee of proposals for the demolition of the existing buildings and re-development of the site for mixed use in June and September 2014. The most recent application was refused on the grounds of the visual dominance of the Howard Road elevation. The application now proposed reduced the scale of the development along the Howard Road frontage and proposed conversion and extension of existing buildings rather than complete redevelopment following demolition.

In accordance with the public speaking arrangements the Committee was addressed by an objector with a written response given on behalf of the applicant.

The objector commented that the new proposal had still not addressed the issue of a lack of parking provision and that the new extension would lead to a loss of natural light to the neighbouring property.

The applicant’s written response supported the revised scheme emphasising that the original character of the building was to be retained.

Prior to the debate Members received clarification from the Legal Adviser as to the rights to natural light that the neighbouring property may have accrued as a proprietory rights, rights of light and that proprietory rights of themselves do not preclude the granting of planning permissionThey may however preclude the implementation of a planning permission. In this case the impact on daylight is a material planning consideration.

During the debate Members discussed the possibility of allocating parking spaces to each of the residential dwellings and received clarification from officers of the lighting provision that the development would benefit from.

Members noted that the proposed development qualified for a Mayoral CIL contribution of £2,040 and RESOLVED that the proposal was unacceptable as it stood but would be acceptable subject to the applicant entering into a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 (as amended), to secure the following:

•           A financial contribution of £24,000 to be used towards infrastructure costs in accordance with the Policy DC72 of the LDF Core Strategy and Development Control Policies Development Plan Document and the Planning Obligations Supplementary Planning Document.

•           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 Developer/Owner to pay the Council’s reasonable legal costs associated with the Legal Agreement prior to the completion of the agreement irrespective of whether the agreement is completed.

•           Payment of the appropriate planning obligations monitoring fee prior to the completion of the agreement.

That the Head of Regulatory Services 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.

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

Councillor Whitney voted against the resolution to grant planning permission.

Councillor Nunn abstained from voting.