Agenda item

            That planning permission be granted subject to the conditions detailed in the report of the Head of Planning, the additional condition detailed in the late observations and subject to the applicant entering into a section 106 obligation/Unilateral Undertaking to re-impose all of the requirements of the original legal agreement attached to the outline planning permission i.e.:-

• Scheme to be in general conformity with the Revised Development Brief
• Construct or to reimburse the Council for the reasonable cost of a footpath/cycleway linking the site with Leadbrook Drive
• Phasing/occupation of housing
• Setting aside of 1.5 hectares of land and its transfer for a school site and an extension to the school site of not less than 1.0 hectare
• Setting aside of land for a shop site
• Setting aside of a site of 0.45 hectares for a health centre
• Setting aside of a site of 0.25 hectares for a community centre and its transfer
• Provision of 4.5 hectares of open space including an enclosed equipped children’s play area, a landscape strategy, a management strategy for open space areas including establishment of a management company
• Provide for a maximum of 10% of number of dwellings for affordable use

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

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.  Additional comments received since the preparation of the report were circulated at the meeting. 

            The officer detailed the background to the report and explained that the applicant was seeking to amend some of the house types to remove some three storey properties and replace them with two storey terraces and semi-detached houses. 

            Mr. J. Yorke spoke against the application.  He felt that the application and the report were seriously deficient of information.  He referred to the Design and Access Statement which defined the substitution of house types for others and said that it was the intention to change house types on 52 plots and create 58 plots with similar house types already approved.  He highlighted paragraph 9 of Planning Policy Wales which advised that large developments should not be of a monotonous design and referred to this application which proposed to replace two and a half storey dwellings for two storey properties which would mean that all the properties would be of a similar height.  Mr. Yorke said that the report did not include sufficient information about flooding and commented on the flooding concerns on the A548.  He said that if the application was permitted, 82 house types would have been substituted from the original application which he felt was unacceptable.  He felt that the application fell short of accuracy and that it should be refused to obtain clarity.                  

Councillor David Cox proposed the recommendation for approval which was duly seconded.  He noted that objections were again being raised on grounds of inaccuracies but felt that the development had been held up for long enough and it should now proceed. Councillor Christine Jones concurred and agreed with the wording in the report. 

Councillor Patrick Heesom indicated that Councillor Rita Johnson had been due to attend the meeting to speak as local Member but she had been unable to do so and had apologised for not being able to speak to the Committee.  Councillor Heesom referred to the large number of applications listed on pages 14 and 15 of the report and said that this application would result in additional dwellings on the site when the application was compared to the original number requested.  He said that substitution of house types was market driven but would result in extra houses being built which did not have planning permission. 

Councillor Richard Jones raised concern about substitution of house types which resulted in a net gain for the developer.  He asked for clarification on whether the number of dwellings on the site had increased and Councillor Mike Peers queried whether the additional properties had planning permission.  Councillor Gareth Roberts commented that changes in house types were acceptable if they complied with guidance and said that there was nothing in the report to suggest that the application should be refused. 

In response, the officer said that he understood that there was no increase in the number of dwellings proposed on the site but that there may be a reduction of one property.  Councillor Heesom said that the number of dwellings had increased from 189 to 197 on this part of the site.  The officer indicated that this part of the site had permission for 189 properties and that the type of dwelling had changed for 50 of the properties but that the total was still 189. 

            RESOLVED:

            That planning permission be granted subject to the conditions detailed in the report of the Head of Planning, the additional condition detailed in the late observations and subject to the applicant entering into a section 106 obligation/Unilateral Undertaking to re-impose all of the requirements of the original legal agreement attached to the outline planning permission i.e.:-

• Scheme to be in general conformity with the Revised Development Brief
• Construct or to reimburse the Council for the reasonable cost of a footpath/cycleway linking the site with Leadbrook Drive
• Phasing/occupation of housing
• Setting aside of 1.5 hectares of land and its transfer for a school site and an extension to the school site of not less than 1.0 hectare
• Setting aside of land for a shop site
• Setting aside of a site of 0.45 hectares for a health centre
• Setting aside of a site of 0.25 hectares for a community centre and its transfer
• Provision of 4.5 hectares of open space including an enclosed equipped children’s play area, a landscape strategy, a management strategy for open space areas including establishment of a management company
• Provide for a maximum of 10% of number of dwellings for affordable use

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