Agenda item

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment) and subject to the applicant entering either into a Section 106 agreement, a unilateral undertaking or making of an advance payment to satisfy the following requirements:-

1.         Ensure the payment of a commuted sum equivalent to £1100 per dwelling in lieu of on site play and recreation provisions.  Such sum to be paid to be used as a contribution towards the provision of a wheeled sports facility at The Willows Recreation Ground, Hope.  Such sum to be paid upon occupation of 50% of the approved dwellings.

2.         Ensure the payment of a commuted sum of £55,407 which is required to provide specialist Art teaching accommodation at Castell Alyn High School.  Such sum to be payable before the commencement of development.   

If the obligation pursuant to Section 106 of the Town & Country Planning Act 1990 is not completed within six months of the date of the committee resolution, the Chief Officer (Planning and Environment) be given delegated authority to REFUSE the application. 

After the vote had been taken, Councillor Ray Hughes returned to the meeting and the Chairman advised him of the decision.

The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.  Councillor Ray Hughes, having earlier declared an interest in the application, left the meeting prior to its discussion. 

                        The officer detailed the background to the report and explained that even though this was an outline application, details of access and scale had been provided by the applicant.  There had been no objections to the proposals from statutory consultees but 50 letters had been received which raised objections to the proposal and these were detailed in the report.  He drew Members’ attention to paragraph 7.01 where it was reported that the site was 0.72 hectares; this was incorrect as the site was 0.65 hectares.  The officer explained that a number of the objections referred to the refusal of a planning application on the site but he confirmed that there was no history for the site.  The site had been included in the development stage of the Unitary Development Plan (UDP) but was deleted from the allocation following representations that were received at that stage because of issues with the road network.  Since the consideration of these matters there had been a change in circumstances in relation to the status of the road network and the estate roads had now been adopted so there were no longer any highways or access concerns. 

The proposal would not have a detrimental impact on the amenity of the area and therefore the proposed development was considered acceptable in design and appearance terms subject to approval of precise details at the Reserved Matters stage.  The officer provided details of the requested Section 106 (S106) obligation that formed part of the conditions in the recommendation explaining that an amount could be requested from the developers for Castell Alyn High School as it was for an identified specific project and that no obligations had been entered into before for that project.  This complied with Community Infrastructure Levy (CIL) regulations 122 and 123.        

            Councillor Mike Peers proposed the recommendation for approval which was duly seconded.  He acknowledged that the site was in the settlement boundary, had a proposed density of 29.25 dwellings per hectare and the growth for Hope was 10.3%.  He sought clarification on paragraph 7.09 where it was reported that the site was located in the settlement boundary but was not allocated for residential development.  He also queried whether the proposed dwellings would count towards the Council’s five year housing land supply figure and asked about the Speculative Housing Development Proposals referred to in paragraph 7.09. 

            The officer confirmed that the dwellings would form part of the five year housing land supply as the site had previously not been specifically allocated for housing.  He added that the Speculative Housing Development Proposals had not been considered on this application as the site was within the settlement boundary.       

In referring to the S106 obligation for specialist Art teaching accommodation at Castell Alyn High School, Councillor Richard Jones sought clarification that this could not be legally challenged.  The Housing & Planning Solicitor confirmed that the request complied with CIL requirements as it was for a specific infrastructure project that no other Section 106 obligations related to.  The Chief Officer (Planning and Environment) said that if the applicant did not agree with the S106 obligation, then they would not sign the agreement, but it had been suggested that the applicant was willing to enter the necessary agreement. 

            RESOLVED:

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment) and subject to the applicant entering either into a Section 106 agreement, a unilateral undertaking or making of an advance payment to satisfy the following requirements:-

1.         Ensure the payment of a commuted sum equivalent to £1100 per dwelling in lieu of on site play and recreation provisions.  Such sum to be paid to be used as a contribution towards the provision of a wheeled sports facility at The Willows Recreation Ground, Hope.  Such sum to be paid upon occupation of 50% of the approved dwellings.

2.         Ensure the payment of a commuted sum of £55,407 which is required to provide specialist Art teaching accommodation at Castell Alyn High School.  Such sum to be payable before the commencement of development.   

If the obligation pursuant to Section 106 of the Town & Country Planning Act 1990 is not completed within six months of the date of the committee resolution, the Chief Officer (Planning and Environment) be given delegated authority to REFUSE the application. 

After the vote had been taken, Councillor Ray Hughes returned to the meeting and the Chairman advised him of the decision.