Agenda item

(a)       That planning permission be granted subject to the new owner entering into a Section 106 Agreement or offering a unilateral undertaking in respect of the following issues:-

·         In lieu of on site open space provision, payment of £733 per dwelling towards the upgrading of existing open space provision within the locality

·         An educational contribution of £49,028 to cater for the impact on primary education resources in Mold

(b)       That a letter be sent to Members of the Committee detailing the calculation for the educational contribution and the schools which would benefit.  

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.

            The officer detailed the purpose and background to the report, explaining that planning permission had been granted in November 2008 but due to financial difficulties, the original applicant had not been able to conclude the Section 106 Agreement.  The site had now changed ownership and the new owners wished to sign the Section 106 Agreement to allow the planning permission to be issued.  Since the Planning Committee decision in November 2008, the Council had adopted a new supplementary planning guidance (SPG Note 23) which related to developer contributions to education.  Based upon an assessment by the Head of Education & Resources, a resolution was now sought from Members to allow for the amendment of the previous Committee’s resolution to grant planning permission subject to conditions but with the legal agreement amended to reflect the financial contribution now required for education purposes.   

            Councillor P.G. Heesom proposed the recommendation to amend the legal agreement as detailed which was duly seconded.

            Councillor R.C. Bithell asked whether the new local Member had been consulted and Councillor W.O. Thomas raised concern that there were no details of design in the report as this had been a problem at the time of the original application in 2008.  Councillor R.B. Jones requested details of the nearest primary and secondary schools to the site and also details of capacity at each of the schools.  Councillor C.A. Ellis asked for consistency and clear guidance on how the figure for educational contributions had been reached. 

The Development Manager responded that the formula had been applied based on Supplementary Planning Guidance note 23.  On the issue of design, he said that the officer recommendation on the previous application was one of refusal and that the application had not been put out to consultation again as the principle of the development had been established by the previous resolution.  The Democracy & Governance Manager said that if Members wanted to revisit the merits of the application, he suggested that a further report be submitted to a future meeting once re-consultation had been undertaken. 

            Councillor Bithell referred to the recommendation from the previous application which was reported on page 134 which said that the detail and design of the building had to be to the satisfaction of the Authority.  He asked whether any further details of design had been supplied by the new owners of the site.  Councillor M.J. Peers asked that the matter of educational contributions would need to be submitted to Planning Strategy Group as in the past Members had been advised that the name of the school had to be included but this did not appear to be the case in all reports to this meeting.  Councillor R.B. Jones proposed an amendment that details of educational contributions based on LPG 23 be provided and this was duly seconded.  Following a comment by Councillor P.G. Heesom, the Development Manager said that officers were happy to revisit the design proposals. 

RESOLVED:

(a)       That planning permission be granted subject to the new owner entering into a Section 106 Agreement or offering a unilateral undertaking in respect of the following issues:-

·         In lieu of on site open space provision, payment of £733 per dwelling towards the upgrading of existing open space provision within the locality

·         An educational contribution of £49,028 to cater for the impact on primary education resources in Mold

(b)       That a letter be sent to Members of the Committee detailing the calculation for the educational contribution and the schools which would benefit.