Agenda item

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment), an additional condition in the late observations and subject to the applicant entering into a Section 106 agreement or unilateral undertaking in respect of the following:-

·         To gift 2 three bed dwellings to North East Wales Homes to be used as affordable housing

·         To provide a commuted sum of £1,100 per dwelling in lieu of on-site open space provision

·         To provide a contribution of £55,407 to fund capacity improvements at Hawarden High School. 

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 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.  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 this was phase two of a development on an allocated site.  Phase one had been granted permission on appeal and the site was allocated for 93 properties in the Unitary Development Plan (UDP).  The main issues in determining the application included the principle of development, site layout and access.  Ecology on the site had been addressed at Phase one and mitigation had been put in place at that stage.  A requirement of the Section 106 agreement on Phase One had been for speed traffic calming which had also been implemented.  An additional condition was reported in the late observations for a land contamination investigation. 

            Councillor Owen Thomas proposed the recommendation for approval which was duly seconded.

            Councillor Chris Bithell queried why the number of properties on the site had reduced from 93 allocated in the UDP to a total of 71 on Phases one and two.  Councillor Richard Jones sought clarification on the connection with the Black Lion public house.  Councillor Mike Peers queried the density on the site with 93 properties on it and also with the total of 71 dwellings and queried whether the reduction in dwellings would put pressure on other areas.  He also asked about the two gifted units, whether the Housing Strategy Manager had commented on the proposal and whether the calculation was consistent with policy HSG10. 

            In response, the officer said that the allocation for residential development in the UDP included land to the side and rear of the Black Lion public house.  Due to issues of land ownership, the two initial phases had not included these areas but there was still the potential for the remaining part of the site to come forward in the future.  The approach taken on the first phase had been for gifted units, which had been agreed with the Housing Strategy Manager, and it was agreed that the same approach would be taken for Phase two, with two units being the calculated requirement. 

            Councillor Derek Butler queried whether the area not included in Phases one and two was in the ownership of the Council and asked whether the Black Lion public house was an access point for this site.  The officer advised that the access for Phase two would be through Phase one and that an additional access would be required if the remaining area was to be developed.  She did not have the details of the density on the site.  The Housing & Planning Solicitor reminded the Committee that issues of land ownership should not form part of their determination. 

            In response to a query from Councillor Peers about why the number of dwellings was 22 less than the UDP allocation, the officer detailed the site area and explained the potential for the number of units. 

            RESOLVED:

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment), an additional condition in the late observations and subject to the applicant entering into a Section 106 agreement or unilateral undertaking in respect of the following:-

·         To gift 2 three bed dwellings to North East Wales Homes to be used as affordable housing

·         To provide a commuted sum of £1,100 per dwelling in lieu of on-site open space provision

·         To provide a contribution of £55,407 to fund capacity improvements at Hawarden High School. 

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 Chief Officer (Planning and Environment) be given delegated authority to REFUSE the application.