Agenda item

            That planning permission be granted subject to:-

• the additional condition detailed in the late observations,
• the conditions detailed in the report of the Head of Planning
• the applicant entering into a supplemental Section 106 agreement which linked the approval granted under this application to the provisions of the Section 106 agreement entered into under Reserved Matters Approval Ref:- 048186, providing for the following:-

(a)       The provision of 16 No. affordable homes, to be made available at 70% of market value with the Council retaining the 30% equity and nomination rights for occupiers being retained by the Council having regard to people registered upon its Affordable Home Ownership Register.

(b)       Ensure the payment of an educational contribution of £31,500 towards educational provision/improvements to local education facilities.  The contribution shall be paid prior to occupation of the first dwelling. 

(c)        Ensure payment of a sum of £45,000 towards the maintenance of the play area upon adoption.

(d)       Ensure payment of £29,150 in lieu of 50% on site provision of recreation/open space.

(e)       Ensure the transfer of wildlife mitigation land to a suitable body in order to secure its future management and funding.

In addition, the Supplemental Agreement shall provide for the additional payment of a £5500 recreation contribution in lieu of further on site provision arising from the additional 5 no. new dwellings.  Such payment shall be made upon sale or occupation of 50% of the total dwellings approved.  

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.  Councillor Ray Hughes, having earlier declared an interest in the application, left the meeting prior to its discussion. 

                        The officer detailed the background to the report explaining that the proposal was for the substitution of 15 house types and the provision of five additional dwellings.  The previous reserved matters application had been permitted in December 2011 and there were no other modifications to the proposals and no issues about the principle of development, design or layout.  If the application was approved, it would require a supplemental section 106 agreement to link it to the section 106 agreement entered into under reserved matters approval reference 048186.  The supplemental agreement would also provide for the additional payment of a £5500.00 recreational contribution in lieu of further on site provision arising from the additional 5 no. new dwellings.   

            Councillor Mike Peers proposed the recommendation for approval which was duly seconded.  He said that it was one of many applications for change of house types due to changing times and market forces and added that there had been no comments from the Community Council. 

            Councillor Richard Jones referred to paragraph 7.02 and queried whether the number of house type substitutions was 16 not 15.  The officer explained that plot 41 was not affected by the proposal and therefore the total was confirmed as 15.  Councillor Jones raised concern that developers submitted applications which were approved at outline and then at the reserved matters stage, requests were submitted for changes which resulted in different house types and an increased number of dwellings.  He felt that developers would continue to submit requests for this type of application until they got what they wanted.  The Planning Strategy Manager said that this proposal would allow for a better mix of house types than what had previously been permitted.  The previous approval was below the 30 per Hectare and it was now at 30.5 per Ha.

            The Principal Solicitor said that the process of substituting house types was allowed by the law and that if the change had been unacceptable in policy terms then it would be refused. 

            Councillor Carolyn Thomas said that she had visited the site and confirmed that the proposals fitted in better than the previous mix of dwellings.  She queried whether the applicant had undertaken an assessment of the area at the pre-planning stage. 

            Following a question from Councillor Richard Lloyd about the £5500.00 recreational contribution, the officer confirmed that it was subject to approval of the application and the applicant signing the supplemental section 106 agreement.                

                        Councillor Butler said that the issue of increases in the number of houses had been undertaken for a significant number of years and had always been a cause of concern for Members.  The Principal Solicitor reminded Members that the Section 106 agreement included the provision of 16 no. affordable homes if the application was approved. 

            RESOLVED:

            That planning permission be granted subject to:-

• the additional condition detailed in the late observations,
• the conditions detailed in the report of the Head of Planning
• the applicant entering into a supplemental Section 106 agreement which linked the approval granted under this application to the provisions of the Section 106 agreement entered into under Reserved Matters Approval Ref:- 048186, providing for the following:-

(a)       The provision of 16 No. affordable homes, to be made available at 70% of market value with the Council retaining the 30% equity and nomination rights for occupiers being retained by the Council having regard to people registered upon its Affordable Home Ownership Register.

(b)       Ensure the payment of an educational contribution of £31,500 towards educational provision/improvements to local education facilities.  The contribution shall be paid prior to occupation of the first dwelling. 

(c)        Ensure payment of a sum of £45,000 towards the maintenance of the play area upon adoption.

(d)       Ensure payment of £29,150 in lieu of 50% on site provision of recreation/open space.

(e)       Ensure the transfer of wildlife mitigation land to a suitable body in order to secure its future management and funding.

In addition, the Supplemental Agreement shall provide for the additional payment of a £5500 recreation contribution in lieu of further on site provision arising from the additional 5 no. new dwellings.  Such payment shall be made upon sale or occupation of 50% of the total dwellings approved.