Agenda item

Renewal of Outline Planning Permission Ref. 041006 for Proposed Residential Development at Holmleigh, Cheshire Lane, Buckley (049289)

Decision:

            That planning permission be granted subject to the conditions detailed in the report of the Head of Planning, with condition 8 being amended to read ‘visibility splays of 2.4m x 43m’ and subject to the applicant entering into a Section 106 Obligation/Unilateral Undertaking to provide for the following:-

 

a) ensure the payment of a contribution of £1750 per dwelling to the Council for ecological mitigation.  Such sum to be paid to the Council prior to the occupation of any dwelling subsequently approved under Reserved Matters.

 

b) ensure the payment of a contribution of £1100 per dwelling in lieu of on site play and recreation provisions.  Such sum to be paid to the Council prior to the occupation of 50% of dwellings.  Such sum to be used in the improvement of existing recreation and play facilities in the community.  

 

Minutes:

The Committee considered the report of the Head of Planning in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.  Councillor C.A. Ellis, having earlier declared an interest in the application, left the meeting prior to its discussion. 

 

            The officer detailed the background to the report explaining that there had been several material changes to the applicable policy context at both national and local levels and therefore whilst the application was a renewal, examination of issues arising from the new context had been reported in section 7 with the changes detailed in paragraph 7.09 of the report.  He provided details of the section 106 obligations for ecological mitigation and on site play and recreation provisions.  On the issue of drainage, he said that Welsh Water had indicated that the development would overload the system and had requested that a Grampian style condition be imposed prohibiting the occupation of any dwellings until either the improvement works were completed or the 1st April 2015, whichever was the sooner.  The officer drew Members attention to proposed condition 8 and explained that the visibility splays should be 2.4m x 43 and not 45 as reported. 

 

            Mr. C. Jones spoke against the application and said that the design and access statement was misleading about the character of the area and the types of dwelling in the vicinity.  His concerns included overshadowing, loss of privacy and highway safety due to the generation of additional traffic on Alltami Road from the development and the proposed new medical centre. 

 

            Councillor A.M. Halford proposed refusal of the application against officer recommendation which was duly seconded.  She referred to the Grampian style condition suggested by Welsh Water and said that she felt that the application was premature and could be deferred until the works had been completed by Welsh Water. 

 

            Councillor P.G. Heesom commented on the amount of development in the area and said that the application should be refused.  Councillors H.G. Roberts and R.C. Bithell said that the Grampian style condition had been applied to other applications and that there were no grounds to refuse the application. 

 

            In response to the comments made, the officer said that the principle of development was established as the previous application had not expired but the time limit for submitting a reserved matters application had run out.  This was an application to renew the outline planning permission and a reserved matters application would look at issues such as educational contribution.  On condition 13, he clarified that the occupation of any dwellings would be prohibited until either the improvement works on the sewerage system were complete or 1st April 2015 whichever was the sooner.  The ecological mitigation payment was required as the site lay in close proximity to the Buckley Claypits and Commons Site of Special Scientific Interest (SSSI) and Deeside and Buckley New Sites Special Area of Conservation (SAC). 

 

            In summing up, Councillor Halford asked what would happen if Welsh Water could not fulfil their commitment to upgrade the sewerage system by 2015.  In response, the Planning Strategy Manager said that a view would have to be taken by the Council at that time but that the upgrade works were part of Welsh Water’s capital programme. 

 

            On being put to the vote, the proposal to refuse the application was LOST. 

 

            RESOLVED:

 

            That planning permission be granted subject to the conditions detailed in the report of the Head of Planning, with condition 8 being amended to read ‘visibility splays of 2.4m x 43m’ and subject to the applicant entering into a Section 106 Obligation/Unilateral Undertaking to provide for the following:-

 

a) ensure the payment of a contribution of £1750 per dwelling to the Council for ecological mitigation.  Such sum to be paid to the Council prior to the occupation of any dwelling subsequently approved under Reserved Matters.

 

b) ensure the payment of a contribution of £1100 per dwelling in lieu of on site play and recreation provisions.  Such sum to be paid to the Council prior to the occupation of 50% of dwellings.  Such sum to be used in the improvement of existing recreation and play facilities in the community.  

 

Supporting documents: