Agenda item

Erection of 5 no. five bedroom, 7 no. four bedroom, 2 no. three bedroom and 10 no. two bedroom dwellings with associated landscaping and vehicular access from Knox Green following demolition of existing buildings, and alterations to wall within the curtilage of a listed building.

NB:      There is a confidential Annex attached to this report.  If the Committee wishes to discuss this, it is invited to RESOLVE that pursuant to Section 100A of the Local Government Act 1972, as amended, and having regard to the public interest, members of the public and press be excluded from the meeting for the consideration of item 13 which involves the likely disclosure of exempt information under the following category of Schedule 12A of that Act:

(3)        Information relating to the financial or business affairs of any particular person.

Erection of 5 no. five bedroom, 7 no. four bedroom, 2 no. three bedroom and 10 no. two bedroom dwellings with associated landscaping and vehicular access from Knox Green following demolition of existing buildings, and alterations to wall within the curtilage of a listed building.

This application was originally reported to the Planning Committee at its meeting on 16 October 2014, when the Committee resolved that the Head of Development Management be authorised to approve the application subject to conditions and following the completion of planning obligations under Section 106 of the Town and Country Planning Act 1990 relating to, inter alia, the provision of affordable housing.  Following this decision, the applicant had submitted a viability report which concluded that whilst the proposed development, including 6 age-restricted dwellings, would be a viable scheme, with 6 social housing (affordable) dwellings would be unviable and, therefore, undeliverable.  The applicant was therefore seeking the removal of the requirement for affordable housing to be provided as part of this development. 

The Committee considered a report which included a summary of the findings from the viability study submitted by the applicant (the Haslams report) and the independent assessment of this study prepared for the Council by the District Valuer Services (DVS).  The DVS had agreed with the findings of Haslams and concluded that the scheme with 6 social rented or affordable rented would not be viable.

The criteria for public speaking had been met in respect of this application and the Committee was addressed by the registered speaker Mr Trinder, who represented his objections to the proposed development, and Deidre Wells who represented the agent in the case, MGI Architecture Limited, on behalf of the applicant.

The Committee noted:

• The supplementary report of the Head of Development Management tabled at the meeting.
• A letter of objection expressing concern at the loss of the affordable housing.
• That in response to the question of whether some affordable housing, even if less than the policy compliant 6 units could be provided, the DVS had suggested that the scheme could afford one social rented unit and remain viable (although at this level the result is very sensitive to any slight change in costs or values).
• Information had recently come to light regarding contaminated material on the site which would require some costly remedial work to be carried out by the developer.

RESOLVED that pursuant to Section 100A of the Local Government Act 1972, as amended, and having regard to the public interest, members of the public and press be excluded from the meeting during  the consideration of item 13 which involved the likely disclosure of exempt information under the following category of Schedule 12A of that Act:

(3)     Information relating to the financial or business affairs of any particular person.

The Committee considered the commercially sensitive details in the viability report of Haslams and the independent assessment from the DVS, copies of which were tabled for Members. 

Following conclusion of this, the public were re-admitted to the meeting for continuation of the debate on this item and the decision of the Committee.

RESOLVED that:-

a) the Borough Solicitor be authorised to complete an agreement under Section 106 of the Town and Country Planning Act 1990 relating to:-

- mitigation of increased pressure on highways and transportation infrastructure, education, open space and built sports facilities;          

- long-term management/maintenance of C19th garden wall and trees to south-east of Binfield House;               

- a S38/S278 agreement for the adoption of roads/footpaths on the site and to secure turning facilities

- a viability review should the development not be completed within 3 years from the date of planning permission being granted (the purpose of this would be to assess whether changes in market conditions mean that a scheme including affordable housing would be viable, in which case such housing should be secured)

b) the Head of Development Management be authorised to APPROVE the application subject to the conditions/informatives imposed by Planning Committee at its meeting on 16 October 2014, with the following amendment to condition 30:-

30. The development hereby permitted, including works to deal with on-site contamination, shall not be begun until a Construction Traffic Management Plan has been submitted to and approved by the Local Planning Authority. The approved Management Plan shall be performed, observed and complied with for the duration of site preparation and the construction of the development hereby approved.

And an  additional condition which deals with the fact that the Council is the owner of the large majority of the site. S106 agreements have to be entered into with the owner of the land; it is not possible for the Council to enter into an agreement with itself, it was therefore accepted that the following additional condition be imposed:

41. The development shall not be begun unless and until all parties with any legal or equitable interest in the application site have entered into an Agreement pursuant to Section 106 of the Town and Country Planning Act 1990 in terms set out in the proposed Section 106 Agreement annexed to this permission, and the title to such area of land has been properly deduced to the Council.