Agenda item

To consider the above planning application.

Note: Prior to consideration of this application, the meeting was adjourned for refreshments.

Note: Councillor A Moran (Ward Councillor) and Mrs A Mathie and Ms L Foster (objectors) attended the meeting and addressed the Committee on this matter.

The Committee considered a report regarding the above planning application and a written update.

RESOLVED

(a) That, for the reasons set out in the report and the written update, the application be APPROVED subject to a S106 Agreement to secure a contribution of £49,028 towards secondary education and the provision of 30% affordable housing

And the following conditions:

1.         Commencement of development

2.         Approved plans

3.         Details of materials to be submitted

4.         Retention of trees identified for retention within the site

5.         Submission of tree protection measures

6.         Restriction on hours of piling to 9am to 5.30pm Monday to Friday, 9am to 1pm Saturday and no working on Sundays or public holidays.

7.         Provision of one electric vehicle charging point for each dwelling

8.         Submission of details of foul and surface water drainage

9.         Submission of details of hard and soft landscaping

10.       Implementation of landscaping scheme

11.       Protection for breeding birds

12.       Incorporation of features for breeding birds

13.       Submission of details of external lighting

14.       No works to be undertaken to Tree T1, located within the garden of Plot 1 without written agreement of the LPA

15.       Updated Badger survey to be submitted prior to commencement of development

16.       Submission and implementation of footway works

17. No developmentshallcommence onsiteuntila pavementhas been providedalong the north-eastside ofWelshmansLane, in accordance with detailsthathave firstbeenapprovedin writingbythe Local Planning Authority, from

a) the southernpointof the appealsiteto the north-westside ofthe access to the developmenton the formerCottage Hospitalsiteand

b)fromthe south-eastside ofthe access to the developmenton the formerCottage Hospitalsite to a pointthat isoppositethe pedestrian

andcycle wayon thesouth-westside ofWelshmansLane.

Informatives

I.          The applicant is advised that they have a duty to adhere to the regulations of Part 2A of the Environmental Protection Act 1990, the National Planning Policy Framework 2012 and the current Building Control Regulations with regards to contaminated land.  If any unforeseen contamination is encountered during the development, the Local Planning Authority (LPA) should be informed immediately.  Any investigation / remedial / protective works carried out in relation to this application shall be carried out to agreed timescales and approved by the LPA in writing. Furthermore, any soil or soil forming materials to be brought to site for use in garden areas or soft landscaping should be tested for contamination and suitability for use prior to importation to site.  The responsibility to ensure the safe development of land affected by contamination rests primarily with the developer.

II.         The applicant will be required to enter into a Section 38 Agreement regarding the construction and future adoption of the internal road layout.

III.        The applicant will be required to enter into section 278 agreement for the proposed footway works.

(b) That, in the event of any changes being needed to the wording of the Committee’s decision (such as to delete, vary or add conditions/informatives/planning obligations or reasons for approval/refusal) prior to the decision being issued, the Head of Planning (Regulation) be granted delegated authority to do so in consultation with the Chairman of the Southern Planning Committee, provided that the changes do not exceed the substantive nature of the Committee’s decision.

(c) That, should the application be subject to an appeal, authority be delegated to the Head of Planning (Regulation) in consultation with the Chairman of the Southern Planning Committee to enter into a planning agreement in accordance with the S106 Town and Country Planning Act to secure the following Heads of Terms for a S106 Agreement:

1.         A scheme for the provision of 30% affordable housing – 65% to be provided as social rent/affordable rent with 35% intermediate tenure. The scheme shall include:

- The numbers, type, tenure and location on the site of the affordable housing provision

- The timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing

- The arrangements for the transfer of the affordable housing to an affordable housing provider or the management of the affordable housing if no Registered Social Landlord is involved

- The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and

- The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.

2. Secondary School Education Contribution of £49,028.