Agenda item

            That planning permission be granted subject to the conditions detailed in the report of the Head of Planning and subject to the applicant entering into a supplemental S.106 agreement which links the permission granted under this application to the provisions of the S.106 agreement, offered unilaterally at the appeal allowing development under Permission Ref: 048032, providing for the following:-

a)         The provision of 4 No. affordable homes by means of gifting the units to Flintshire County Council to be made available to people registered upon its Affordable Home Ownership Register.

b)         Ensure the payment of a total educational contribution of £66,500 towards educational provisions in the locality (£38,500 towards primary educational provision/improvements, and £28,000 towards similar secondary education level provision.) 

            The contributions shall be paid in 2 instalments of £33,250.  The first instalment shall be paid upon the occupation of the 23^rd dwelling and the second upon the occupation of the 35^th dwelling. 

c)         Ensure payment of a commuted sum payment, part in lieu of on site recreation/open space provision of £25,000, such sum to be used to upgrade existing facilities within 3 miles of the site.  This sum shall be paid upon the occupation of the 10^th dwelling. 

If the Obligation pursuant to Section 106 of the Town and Country Planning Act 1990 (as outlined above) is not completed, a unilateral undertaking not received, or advance payment not made 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 explaining that it was proposed to amend the approved house types on 14 of the 44 previously approved plots. 

Commander B. Pearce advised that he suffered from ill health and spoke against the positioning of the play area which was to be sited on an area to the rear of his garden.  He said that his garden was currently a quiet space but that he would be forced out of his garden by the noise from children using the play area and teenagers vandalising the area.  He said that the play area was not needed and asked that it either be relocated or scrapped.     

            Councillor Gareth Roberts proposed the recommendation for approval which was duly seconded.

            The Democracy and Governance Manager explained that Councillor Clive  Carver had been granted a dispensation by the Standards Committee permitting him to speak on the application. 

            The local Member, Councillor Clive Carver, said that he had no objection to the amendment of house types but wanted to speak about the play area.  He said that the proposed site was not a suitable location as it was located in a hollow next to a public footpath.  He highlighted paragraphs 13, 14 and 15 of the appeal Inspector’s report which said that the play area was poorly positioned and that changes on the site could allow the applicant to find an alternative location.  Councillor Carver felt that it would be better sited nearer to the affordable housing or split into two areas on the site.  The Inspector had felt that there was ample open space in the scheme for formal and informal areas.  Councillor Carver highlighted condition 20 and quoted from Policy SR5 of the Unitary DevelopmentPlan and requested that the Committee exercise its right to relocate the play area to a more suitable location which would please residents and comply with the comments of the Planning Inspector.  He referred to the late observations and said that Hawarden Infants and Rector DrewVA School, which would benefit from the Section 106 contributions, were to close in the summer; he asked that the names be checked to ensure that the correct school received the contributions. 

            Councillor Alison Halford queried the payment of the contributions so far into the building of the development and asked why the monies were not sought at the start of the build.  Councillor David Cox asked if the application could be deferred to allow further negotiations to take place on the siting of the play area. 

            The officer responded that the application before the Committee today was only for the substitution of house types.  The location of the play area had been the subject of lengthy negotiations and had been referred to in the Inspector’s decision where he had imposed a condition referring to its siting. That condition was being replicated in the recommendation on this application.  In response to the issue raised by Councillor Halford, the officer said that the staggering of the payments for the section 106 agreement had already been agreed. 

            The Head of Planning confirmed that the condition imposed by the Inspector would be replicated in the conditions.         

            RESOLVED:

            That planning permission be granted subject to the conditions detailed in the report of the Head of Planning and subject to the applicant entering into a supplemental S.106 agreement which links the permission granted under this application to the provisions of the S.106 agreement, offered unilaterally at the appeal allowing development under Permission Ref: 048032, providing for the following:-

a)         The provision of 4 No. affordable homes by means of gifting the units to Flintshire County Council to be made available to people registered upon its Affordable Home Ownership Register.

b)         Ensure the payment of a total educational contribution of £66,500 towards educational provisions in the locality (£38,500 towards primary educational provision/improvements, and £28,000 towards similar secondary education level provision.) 

            The contributions shall be paid in 2 instalments of £33,250.  The first instalment shall be paid upon the occupation of the 23^rd dwelling and the second upon the occupation of the 35^th dwelling. 

c)         Ensure payment of a commuted sum payment, part in lieu of on site recreation/open space provision of £25,000, such sum to be used to upgrade existing facilities within 3 miles of the site.  This sum shall be paid upon the occupation of the 10^th dwelling. 

If the Obligation pursuant to Section 106 of the Town and Country Planning Act 1990 (as outlined above) is not completed, a unilateral undertaking not received, or advance payment not made within six months of the date of the Committee resolution, the Head of Planning be given delegated authority to REFUSE the application.