Issue - meetings
052887 - Outline Application - Erection of 6 No. Dwellings at 31 Welsh Road, Garden City.
- Enc. 1 for 052887 - Outline Application - Erection of 6 No. Dwellings at 31 Welsh Road, Garden City., item 8 PDF 411 KB
That planning permission be granted subject to:-
· the conditions detailed in the report of the Chief Officer (Planning and Environment)
· the additional condition about widening the access
· the applicant entering into a Section 106 agreement/unilateral undertaking or earlier payment for the following contributions:
o £1,100 per unit for recreation enhancements in lieu of on-site provision; and
o A section 106 agreement/unilateral undertaking to secure resurfacing and future maintenance of the access road to the site
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. 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 application had been deferred from the 22 April 2015 meeting in order for the applicant to explore a Section 106 Obligation to secure maintenance of the proposed access and for the applicant to confirm whether he held any access rights over the alternative access route to the site to the east of 37 Welsh Road and to the rear of 35-37 Welsh Road. The officer referred Members to the late observations where a letter to the applicant from Spar had indicated that they were in full agreement for the applicant to maintain the roads to the side and rear currently within the title of the Spar premises. A letter from the applicant’s Solicitor indicated that the applicant retained ownership of part of the access to the rear of 35-37 Welsh Road and retained a right of passage over it and that a license agreement had been drawn up between the applicant and the owners of Spar that required the applicant to maintain the access in perpetuity to a suitable standard. This would therefore allow the applicant to enter into a Section 106 agreement to secure resurfacing and maintenance of the access road to the site.
Councillor Christine Jones said that the access road to the north, west and east of the site should always be in the ownership of 35 Welsh Road and added that she had a document as proof of this. The land had been purchased in 1952 by the shop owners and the document also indicated that the access should be kept in good order and open at all times. She said that part of the land to the left of the property was not in the ownership of the applicant and suggested that there was no legal agreement between the owners of Spar and the applicant and therefore she did not feel that a Section 106 agreement should be considered. She added that the site had already appeared for sale on an estate agent’s website; the Housing & Planning Solicitor advised that this was not a material planning consideration. Councillor Jones, having earlier declared an interest in the application, left the meeting prior to its discussion.
In referring to the work that was being undertaken on the transfer of land and for the applicant to maintain the access in perpetuity to a suitable standard, Councillor Chris Bithell queried whether the application was premature. The Housing & Planning Solicitor advised the access was to be the subject of a Section 106 obligation and if an obligation was not forthcoming within six months of the Committee resolution then the Chief Officer (Planning and Environment) would have delegated authority to refuse the application.
Councillor ... view the full minutes text for item 8