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 Section 106 Obligation/Unilateral Undertaking the provide the following:-

• The property shall be occupied by the applicant Mr. Partington in the first instance;
• The Council would be offered first refusal to purchase the property if it is put up for sale at open market value within an agreed time period.  If the Council do not wish to purchase the property, second refusal is given to a Registered Social Landlord within a similarly agreed time period.   

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 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.

The officer detailed the background to the report explaining that a previous application had been refused by Committee and was the subject of an appeal.  The applicant had amended the internal design of the property and had submitted this application along with supporting information about why he needed the new dwelling.  As Broughton exceeded the growth levels of a Category B settlement the proposed dwelling was considered to meet the requirements in Policy HSG3 of the Flintshire Unitary Development Plan (UDP).

Mr. E. Roberts, the agent for the applicant, spoke in support of the application.  He complimented the officer for her report and explained that the previous application had been refused because it had demonstrated a need for the development.  This application sought to do so, and included the fact that the applicant was wheelchair bound following an accident and that the current accommodation was deficient for reasons which included, inadequate turning space and layout, poor access to the front and rear of the property, and underutilisation of space.

Considerable alterations had already been carried out at the property which were now unsuitable and a purpose-designed dwelling was the only option available to the applicant.  The proposed dwelling would alleviate the problems and would considerably improve the quality of life for the applicant.  Mr. Roberts felt that the application complied with Policy HSG3 due to the local need and the applicant intended to sign the Section 106 obligation as detailed in the report. 

            Councillor Billy Mullin proposed the recommendation for approval which was duly seconded.

            Councillor Derek Butler said that the application had been turned down previously for valid reasons but that the required information had now been submitted.  Councillor Gareth Roberts highlighted paragraph 7.13 where the requirements of the Section 106 obligation were detailed.  In response to a comment from Councillor Owen Thomas about the Council purchasing the property if it became available, the Planning Strategy Manager said that there was a demand for specialist adapted accommodation and that the Section 106 obligation would mean that the property would be offered to the Council in the first instance. 

            In summing up, Councillor Mullin said that the concerns expressed about the original application had been addressed and that if the Council did not want the property, it would be offered to a Registered Social Landlord. 

            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 Section 106 Obligation/Unilateral Undertaking the provide the following:-

• The property shall be occupied by the applicant Mr. Partington in the first instance;
• The Council would be offered first refusal to purchase the property if it is put up for sale at open market value within an agreed time period.  If the Council do not wish to purchase the property, second refusal is given to a Registered Social Landlord within a similarly agreed time period.   

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 Head of Planning be given delegated authority to REFUSE the application.