Agenda item

That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment), subject to the additional condition reported in the late observations and the additional condition for a minimum of two disabled parking spaces, and subject to the applicant entering into a Section 106 Obligation/Unilateral Undertaking or earlier payment of monies to provide the following:-

·         An off-site commuted sum of £733 per unit in lieu of on-site provision to improve the junior play facilities at Central Park, Connah’s Quay

·         A contribution of £98,056 is required towards educational enhancements at Golftyn Primary School

·         A commuted sum of £360,000 to facilitate access to affordable housing in Connah’s Quay

·         Local Planning Authority review terms of the proposed management agreement for the apartments in order to ensure that it requires private refuse collection

If the obligation pursuant to Section 106 of the Town & Country Planning Act 1990 (as outlined above) is not completed within three 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 provided details of the site description and its location and advised that the principle of development had been accepted.  She explained that the site was currently occupied by the Albion Hotel.  It was proposed that 33 apartments would be developed on the site with one car park space for each apartment and nine visitor spaces.  There had been some concerns about the height of the apartments but officers had worked with the applicant to achieve a sustainable development in this location.  The officer explained that the application had been deferred from the previous meeting due to concerns about waste management but following on from this, it had been confirmed that if the management company failed, it would be possible for a smaller Council bin lorry to access the site and turn around within the site.  A condition could also be included to surface the internal road to a suitable standard. 

            On the parking provision for the site, the officer confirmed that the maximum standards would require 50 spaces but due to the location of the site and the proximity to public transport, it was felt that 33 spaces was acceptable.  Highways had requested an additional condition requiring submission of a Travel Plan if the application was approved and it was also proposed that a Section 106 (S106) obligation be attached to the permission which the officer detailed. 

            Mrs. J. Faulkner (on behalf of Mrs Mullholey) spoke against the proposal and expressed concerns that the 2.5 storey apartment block, which would be sited six feet from a neighbouring boundary, would restrict views and result in loss of privacy.  She spoke of anti-social behaviour that had occurred in other flats in the area which had become Houses of Multiple Occupation (HMO) and raised significant concern that this could reoccur in this development.  Mrs. Faulkner felt that there were insufficient car parking spaces for the number of apartments proposed and suggested that residents could have two cars per apartment.  She also felt that the entrance to the site was unacceptable and that the increased traffic in the area could lead to a serious accident.  Mrs. Faulkner said that she would not be opposed to houses or bungalows on the site.          

            Councillor Ian Dunbar proposed the recommendation for approval which was duly seconded.  He referred to the Local Members who were unable to attend the meeting and thanked Mrs. Faulkner for her comments.  Concerns had been raised about the issue of waste collection but it had been confirmed that the waste would still be collected if the management company failed.  The Local Members had also expressed concerns about the small number of parking spaces on the site but acknowledged that this was in line with the Council’s policy.  Councillor Dunbar queried whether the S106 educational contribution should be for Bryn Deva School and not for Goltyn Primary School as reported.  He noted that the application had been deferred from the previous meeting and suggested that if the application was refused, then the applicant would appeal and costs could be awarded against the Council.  He felt that this proposal was better than what was currently on the site and that it would alleviate the problems of antisocial behaviour in the area.

            In sharing the concerns raised about parking standards, Councillor Chris Bithell suggested that even residents living in town centres might have more than one car per family and would still need to park the vehicles even if they were not being used.  He said that the current policy for town centre developments was 1.5 spaces per unit which would result in a shortfall on this site of nine spaces and therefore did not comply with policy.  He said that he had raised a similar concern at the previous meeting and had suggested that the issue be considered by the Planning Strategy Group.  Councillor Bithell commented on a layby used by visitors to the neighbouring church and suggested that vehicles parked there may affect the visibility splay of the entrance to this site.  He raised concern about the request for a travel plan and suggested that they were rarely adhered to and added that he still had concerns about the issue of refuse collection.  Councillor Richard Lloyd asked whether any of the parking spaces were designated as disabled spaces. 

            Following the comments made, the officer advised that she had confirmed with the Education Officer that Golftyn Primary School was the nearest to the site.  She explained that the parking standards were maximum not minimum and as the site was in an urban area where there were alternative modes of transport, one space per apartment was deemed to be acceptable.  Purchasers would be advised that there was only one space per apartment and the provision of a travel plan would also be included as part of the sales details for the dwellings.  She advised that concerns had originally been raised on the issue of waste because of the use in the area of a six wheel refuse vehicle but it had been confirmed that a four wheel refuse vehicle, which the Council also had available, could access the site and turn around within the site.  The officer advised that none of the parking spaces had been specifically designated as disabled spaces. 

            Councillor Bithell sought clarification on whether the access would be open at all times to ensure that the visibility splay was maintained.  The Senior Engineer – Highways Development Control confirmed that a condition had been included for works on the access to be completed prior to the commencement of other works on the site and she confirmed that the visibility splays could be maintained. 

            In summing up, Councillor Dunbar welcomed the suggestion for designated disabled spaces and indicated that he would like to add that in his proposition and Councillor Jones, who had seconded the proposition, indicated her consent to the additional condition.  Councillor Dunbar also reiterated his earlier comment that Bryn Deva school was nearer than Golftyn.  The Development Manager confirmed that the contribution was based on proximity to the development site not ward boundaries.            

            RESOLVED:

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment), subject to the additional condition reported in the late observations and the additional condition for a minimum of two disabled parking spaces, and subject to the applicant entering into a Section 106 Obligation/Unilateral Undertaking or earlier payment of monies to provide the following:-

·         An off-site commuted sum of £733 per unit in lieu of on-site provision to improve the junior play facilities at Central Park, Connah’s Quay

·         A contribution of £98,056 is required towards educational enhancements at Golftyn Primary School

·         A commuted sum of £360,000 to facilitate access to affordable housing in Connah’s Quay

·         Local Planning Authority review terms of the proposed management agreement for the apartments in order to ensure that it requires private refuse collection

If the obligation pursuant to Section 106 of the Town & Country Planning Act 1990 (as outlined above) is not completed within three months of the date of the Committee resolution, the Chief Officer (Planning and Environment) be given delegated authority to REFUSE the application.