To receive a report from the Head of Planning and Regeneration.This planning application has a resolution to grant planning permission subject to a S106 agreement and a range of conditions. Subsequent negotiations with the applicant over the S106 provisions, conditions as drafted and in light of the most up to date position over the funding and delivery of the A361 junction have resulted in proposed changes to the S106 and conditions. These require Planning Committee consideration.
Minutes:
The Committee had before it a report * of the Head of Planning and Regeneration regarding the above planning application that had a resolution to grant planning permission subject to a S106 agreement and a range of conditions. Subsequent negotiations with the applicant over the S106 provisions, conditions as drafted and in light of the most up to date position over the funding and delivery of the A361 junction had resulted in proposed changes to the S106 and conditions; these required Planning Committee consideration.
The Head of Planning and Regeneration outlined the contents of the report highlighting by way of presentation the site area plan and boundary, the illustrative layout and areas A and B. She reiterated the junction delivery issues discussed prior to this item and the impact that this had had on the Chettiscombe Trust application. She outlined the proposed changes to the Section 106 agreement as set out in the report:
· The highway plans
· The timings for the junction
· The link to Blundells Road that had to be secured
· The need for a condition to state that no part of the development should be occupied until Phase 1 of the junction as complete
· The revised highway package (LILO) would serve both the Chettiscombe and Waddeton areas, the employment land and the school.
· The conditions to be amended
· The deletion of Condition 12
· The consideration of an offsite contribution towards a Gypsy and Traveller site
Consideration was given to.
· The terms of the Council loan
· The detail of the masterplan
· Traffic movements
· Implications for Junction 27 of the M5 and the junction upgrade that had taken place
· The construction haul route onto Area A and the use of the southern slips
· Access to Area B
· Delegating authority to deal with any amendments to the timing of financial contributions
RESOLVED that
1. the S106 agreement resolution be amended to:
i) Secure the payback arrangements for the Mid Devon District Council loan (with interest) which will assist forward funding of the first phase of the A361 junction.
(ii) Secure the delivery of the linking road between the new A361 junction and Blundell’s Road within 12 months of the sale of sufficient land on the application site to fund the construction of the linking road;
iii) Allow for a financial contribution to be made towards the off-site provision of gypsy and traveller pitches including the cost of land acquisition. This is in lieu of on-site pitch provision.
iv) Grant delegated authority to the Head of Planning and Regeneration in consultation with the Chair and Vice Chair of Planning Committee to amend the timing of financial contributions secured through the S106 agreement if necessary in order to balance the need to secure payments in a timely manner with the cash flow / viability of the development to secure its delivery.
2. That in the event S106 negotiations are unable to secure iii) above (an acceptable level of financial contribution towards the off-site provision of gypsy and traveller pitches), delegated authority be given to the Head of Planning and Regeneration to refuse planning permission.
3. To amend the list of conditions as follows:
i) Condition 1 to be amended to allow reserved matters applications to be submitted on a phase-by-phase basis. Amended wording as follows:
‘Before any part of a phase of the development hereby permitted is begun, detailed drawings to an appropriate scale of the layout, scale and appearance of the building(s), and the landscaping of the relevant phase (hereinafter called the Reserved Matters) shall be submitted to and be approved in writing by the Local Planning Authority’
Reason: To ensure the timely delivery of a complex site which will be sold to and developed by a multiple number of developers. The proposed wording allows reserved matters to be submitted on a phased basis.
ii) To amend draft Condition 3 to allow reserved matters application for the first phase of the development to be submitted within four years of outline planning consent. The amended wording as follows:
‘Application(s) for approval for the Reserved Matters relating to the first Phase shall be made to the Local Planning Authority before the expiration of four years from the date of this permission and shall accord with the guiding principles as set out at section 3.3 of the adopted Masterplan’.
iii) To add an additional condition to allow all reserved matters applications to be submitted within ten years of outline planning consent. The following wording is proposed:
‘Application(s) for approval for all Reserved Matters shall be made to the Local Planning Authority before the expiration of ten years from the date of this permission and shall accord with the guiding principles as set out at section 3.3 of the adopted Masterplan’.
iv) To amend draft Condition 4 to allow commencement of development on the first phase and subsequent phases either within five years of outline consent or within two years of the approval of the last reserved matters relating to that phase. The following wording is proposed:
‘The first and subsequent phases of the development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the Reserved Matters relating to that phase which have been approved, whichever is the latter’
v) To amend Condition 10 as follows:
There be no occupation of development within the application site until the first phase of the A361 road junction (known as the ‘left in, left out southern slips) and linking road between the new A361 road junction and Blundell’s Road consented under planning permission 14/00667/MFUL have been constructed, are complete and made available for public use.
REASON: To ensure that the A361 left in, left out southern part of the junction together with road linking to Blundell’s Road is available in advance of the occupation of development in order to accommodate traffic attracted to the site in the interests of the safety of users of the public highway and to protect the amenities of the nearby residents and the amenities and character of the area in accordance with the National Planning Policy Framework’.
vi) To delete Condition 12 relating to the provision and timing of a road to the boundary of the site with Area B.
vii) That delegated authority be given to the Head of Planning and Regeneration to amend other conditions as necessary to take account of development coming forward in phases.
4. That Members note that, due to the lack of available LEP funding , the strategic development is now being delivered in two phases to maximise the availability of time-limited infrastructure funding while securing growth delivery. The northern part of the junction will be delivered in association with the remainder of the EUE allocation, to be the subject of future infrastructure bidding rounds.
(Proposed by the Chairman)
Notes-:
i) Cllrs R J Dolley, D J Knowles and R L Stanley declared personal interests as they knew some of the objectors;
ii) Cllrs N V Davey, D J Knowles and R L Stanley spoke as Ward Members;
iii) Cllr Dolley requested that his vote against the decision at 1 (i) be recorded;
iv) Decision 1 (iv) was recorded as Chairman’s casting vote (5 for; 4 against);
v) Cllr D J Knowles requested that his abstention from voting on decision 3 (vi) be recorded;
vi) *Report previously circulated copy attached to minutes.
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