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 into a Section 106 Obligation or Unilateral Undertaking, or making advance payment  to secure the following:-

a.         Ensure the payment of a contribution of £11,728 in lieu of on site recreation provision, the sum to be used to enhance the children’s play area at Deeside Leisure Centre.  The contribution shall be paid upon 50% of occupation or sale of the apartments hereby approved.

b.         Ensure the payment of a contribution of £3,000 towards the cost of amending existing Traffic Regulation Order to amend existing street parking bays and provide ‘H markings’ across the site access.  Such sum to be paid prior to the commencement of the development hereby approved.  

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. 

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.

            The officer detailed the background to the report and explained that the application had been considered by the Committee in 2015 but had been refused as the Section 106 agreement had not been signed by the applicant. 

            Councillor Chris Bithell proposed the recommendation for approval which was duly seconded.  He felt that the application was for appropriate use for such a prominent building and said that any issues raised had been addressed.  Councillor Ian Dunbar indicated that the building was in a commercial area but there were other residential properties in the area.  The building had been vandalised and the application was welcomed to bring the building back into use. 

            In referring to the Council’s policy for provision of parking spaces, Councillor Mike Peers felt that the issue should be reconsidered by the Planning Strategy Group.  The maximum standards for this site would require 24 parking spaces but as it was deemed that this site was within walking distance of the town centre and had excellent public transport provision and nearby public car parks, only five spaces were being provided on the site. 

            Councillor Derek Butler asked whether the telecommunication equipment was to be removed from the roof of the building.  The officer confirmed that it was to remain in place and added that the maintenance of the equipment was not a planning consideration.   

            Councillor Richard Jones sought clarification that no more than five Section 106 (S106) agreements had been requested for Deeside Leisure Centre, to ensure that the request complied with Community Infrastructure Levy (CIL) regulations.  The officer confirmed that the S106 obligation for enhancement to the children’s play area at Deeside Leisure Centre was CIL compliant.       

            In summing up, Councillor Bithell said that he had also been concerned about the small number of parking spaces being provided on site compared to the maximum standards in the Council’s policy.  He agreed that it needed to be reconsidered by the Planning Strategy Group and the concerns addressed in the production of the Local Development Plan.  He felt that residents would still own cars and even though the report stated that there were public car parks nearby, the Council were now charging for parking in these areas.      

            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 into a Section 106 Obligation or Unilateral Undertaking, or making advance payment  to secure the following:-

a.         Ensure the payment of a contribution of £11,728 in lieu of on site recreation provision, the sum to be used to enhance the children’s play area at Deeside Leisure Centre.  The contribution shall be paid upon 50% of occupation or sale of the apartments hereby approved.

b.         Ensure the payment of a contribution of £3,000 towards the cost of amending existing Traffic Regulation Order to amend existing street parking bays and provide ‘H markings’ across the site access.  Such sum to be paid prior to the commencement of the development hereby approved.  

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.