Issue - meetings

            That planning permission be granted subject to the conditions detailed in the report of the Head of Planning and subject to the addition of an age limit condition restricting occupancy to persons aged over 55 and on completion of a Section 106 Agreement to cover the following matters:-

• Enhancement of public open space in front of Flint House
• Recreational open space contribution in lieu of on-site provision.  A commuted sum of £744 per unit shall be paid to the Authority upon 50% sale or occupation of the development. 

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 explained that the application had been deferred from the meeting held on 20 February 2013 to allow for further consultation.  This had been undertaken and a letter of objection had been received which was detailed in the late observations sheet.  There were no material changes to the planning application, but the nature of the proposed residential scheme to provide for occupation by persons aged over 55 had consequences for the requirements of the Section 106 agreement.    

            Councillor D. Cox proposed the recommendation for approval which was duly seconded.  

            Councillor R.C. Bithell queried whether the commuted sum for recreational open space contribution in lieu of on-site provision was still required as occupancy was restricted to over 55s.  The officer advised that she had spoken to the Head of Leisure Services who had confirmed that the contribution was still required.  Councillor M.J. Peers asked whether the Head of Housing Strategy had been consulted on the suitability of the apartments for affordable housing and whether his comments on the suitability could have been reported.

            Councillor P.G. Heesom raised concern about whether the apartments would be subject to the ‘bedroom tax’ and asked for the details of the Section 106 Agreement to be submitted back to the Committee.  The Principal Solicitor advised that the issue of the ‘bedroom tax’ was not relevant to Members’ determination of the application.  He added that the precise terms of section 106 Agreements had not been referred back to Committee previously and in his view, if that was to be contemplated, the issue should be referred to Planning Strategy Group for consideration.  He explained that the report detailed the requirements of the Section 106 Agreement.  In response to a query from Councillor R.B. Jones about the occupancy by over 55s, he said that any occupancy by under 55s would be in breach of the proposed section 106 Agreement.   

RESOLVED:

            That planning permission be granted subject to the conditions detailed in the report of the Head of Planning and subject to the addition of an age limit condition restricting occupancy to persons aged over 55 and on completion of a Section 106 Agreement to cover the following matters:-

• Enhancement of public open space in front of Flint House
• Recreational open space contribution in lieu of on-site provision.  A commuted sum of £744 per unit shall be paid to the Authority upon 50% sale or occupation of the development.