Agenda item

The Head of Planning and Building Control recommended that in respect of application 3/19/2227/VAR, planning permission be granted subject to a legal agreement and subject to the conditions detailed in the report now submitted.  The report also sought delegated Authority for the Head and Planning and Building Control to finalise the detail of the Legal Agreement and conditions.

The Principal Planning Officer, on behalf of the Head of Planning and Building, summarised the application and detailed the relevant planning history.  She said that this was a 4.17 hectare site to the South West of Walkern and the applicant wished to vary a condition 10 in order to alter the ration of tenure for affordable and private housing.

Members were advised that Homes England funding had allowed for an additional 4 affordable housing units over and above the 34 affordable units allowed on appeal as part of the original application for 85 dwellings.  The Principal Planning Officer said that a new planning permission would be issued to cover the revised tenure.

Councillor Beckett commented on why the social housing had not been pepper potted around this site.  The Principal Planning Officer said that she believed the applicant had grouped the affordable housing for management purposes.

The Service Manager (Development Management), on behalf of the Head of Planning and Building Control, said that the original major scheme had been refused prior to the adoption of the District Plan.  He confirmed that the planning permission had been granted on appeal by the planning inspectorate using different policies to those in the adopted District Plan.

The Service Manager (Development Management) reminded Members that this application was only a slight variation in respect of the level of affordable housing provision.  He said that Members should keep in mind the previous approval of planning permission by the planning inspectorate.

Councillor Page questioned how the occupancy level of the dwellings would be monitored.  The Principal Planning Officer said that it was for the affordable housing provider and the Council to ensure compliance.

The Principal Planning Officer confirmed to Councillor Crystall that the Section 106 legal agreement would not be affected by the grant for the additional affordable housing and the detail of the legal agreement would not change.

Councillor R Buckmaster referred to the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing.  The Principal Planning Officer, on behalf of the Head of Planning and Building Control, said that the eastern half of the development was well on the way to completion in terms of the shells of dwellings, which had yet to be fitted out internally.

The Service Manager (Development Management) said that, as the applicant benefited from planning permission, the planning inspectorate would see this as a highly material consideration.

Members were reminded that the variation of condition would provide for 4 additional housing units over and above the 40% policy requirement for affordable housing.  Councillor Redfern said that she was not in favour of the lack of pepper potting of the affordable housing.  She said however that she was in favour of the additional affordable housing and would be voting in support of this application.

The Service Manager (Development Management) and the Legal Services Manager said that the Council would be at risk of costs being awarded against it on appeal if Members deferred or rejected the application regarding the location of affordable housing.  The policies regarding affordable housing were different when this application was approved on appeal compared to current District Plan policies.

Councillor Andrews proposed and Councillor Ruffles seconded, a motion that in respect of application 3/19/2227/VAR, the Committee support the recommendation for approval, subject to a legal agreement and subject to the conditions detailed in the report now submitted and that authority be delegated to the Head and Planning and Building Control to finalise the detail of the legal agreement and the wording of the conditions.

After being put to the meeting and a vote taken, this motion was declared CARRIED.  The Committee supported the recommendations of the Head of Planning and Building Control as now submitted.

RESOLVED – that (A) in respect of application 3/19/2227/VAR, planning permission be granted subject to a legal agreement and the conditions detailed in the report now submitted; and

B)    authority be delegated to the Head and Planning and Building Control to finalise the detail of the legal agreement and the conditions.