Agenda item

Section 73 application to vary condition 2 (Minor alterations to building) and vary condition 9 (by removing the requirement of marking of 1 parking bay for people with disability) of planning permission 2006/2589 dated 15.05.2007 (for the construction of a five-storey building consisting of 18 units (4 x 1 bed, 9 x 2 bed, 3 x 3 bed, 2 x 4 bed) together with the provision of 353m2 of retail (Class A1) floorspace at ground floor level.

 

10.1  The Planning Officer introduced the report, as set out in the agenda.  The addendum circulated to Members at the meeting included a copy of a previous report to the Sub-Committee on this application.

 

10.2  Rob Grantham (Contractor) was in attendance and the Chair asked him to clarify how the drawings had changed since the previous application was approved.

 

10.3  Rob Grantham explained that the changes to the drawings were mainly as a result of determining that the site had unsupportive foundations and therefore a lightweight building had to be built instead.  This was considered a minor change and the main change was a loss of a disabled parking space.  He was also asked by the applicant for a variation of the TMO within the S106 agreement, to propose a bond of £3,000 to cover the costs of the TMO.

 

10.4  In response to a question from the Chair asking why the building was now 1 metre than the scheme that was previously agreed, Rob Grantham explained that they had consulted the planning department and it was not viewed as a major issue when the drawings were submitted.  It was confirmed that the new drawings were submitted in November 2007.  It was also identified that a different architect had been brought in since the scheme had been approved.

 

10.5  The Chair asked the Planning Officer to clarify all the changes to the scheme previously approved.  The Planning Officer identified these as follows:-

 

§  Loss of the disabled parking bay, due to the change to the loading bay entrance.

§  Internal wall and ramp been added to the ground floor retail outlet.

§  The 18 residential units to remain.  Re-arrangement of the sizing of the residential units, some smaller/larger, which all still conform to building regulations.

§  The overall height of the building is 58m higher than previously agreed.

§  Some of the windows re-aligned.

 

10.6  Members wished to clarify whether the changes identified were sufficient enough to object to.  The Interim Head of Regulatory Services stated that the changes were felt to be of a marginal nature and that in his opinion any move to get the building demolished would be highly unsuccessful at appeal.  He added that it was not unusual for a final building to not be identical to he agreed plans and for a different architect to be brought in at a later stage.  It was a case of judgement and for the Sub-Committee to consider how significant the amendments were to the approved plans.

 

10.7  Councillor Desmond asked the contractor a number of questions regarding the safety of the building with it being a timber frame and a lightweight structure.  Rob Grantham confirmed that building control had been involved from the start and that the Council’s building control officers had visited the site and were happy that the structure conformed to regulations.  They had also submitted design calculations for the timber frame.  He added that the building would be concrete up to the first floor with a timber frame above.

 

10.8  The Sub-Committee wished to convey their concerns to Family Mosaic that the plans had been altered and that there were no representatives from either Family Mosaic or the architects.  The Chair stated that he proposed to write a letter expressing these concerns to Family Mosaic, copying in the Housing Corporation.

 

Unanimously RESOLVED that:-

 

 

1.  The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this permission.

 

REASON: In order to comply with the provisions of the Town and Country Planning Act 1990 as amended.

 

2.  The Development hereby permitted shall only be carried out and completed strictly in accordance with the submitted plans hereby approved and any subsequent approval of details.

 

REASON: To ensure that the development hereby permitted is carried out in full accordance with the plans hereby approved.

 

3.  During and after works of demolition the site shall be made secure by the erection of a suitable boundary enclosure, such as a hoarding, details of which shall be submitted to and approved in writing by the Local Planning Authority before the commencement of any works.  In addition, the site at all times shall be maintained in an orderly and tidy condition.

 

REASON: To ensure that the site is kept in a secure and tidy condition so as to safeguard the environmental and visual amenity of the conservation area.

4.  All provisions and facilities to be made for people with disabilities as shown on the plans and details hereby approved shall be implemented in full to the satisfaction of the Local Planning Authority before the use is first commenced.

 

REASON: In order to ensure that people with disabilities are able to gain proper access to the development.

 

5.  A level access shall be provided to all ground floor units/shops hereby approved before the use is first commenced.

 

REASON: In order to ensure that people with disabilities are able to gain proper access to the development.

 

6.  Except on day(s) of collection, all refuse and waste shall be stored in sealed containers in the refuse area shown on the plans hereby approved.

 

REASON: To ensure refuse is not left in the street in the interests of visual amenity and to reduce the likelihood of infestation.

 

7.  Detailed drawings/full particulars of the proposed development showing the matters set out below must be submitted to and approved by the Local Planning Authority, in writing, before any work is commenced. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

a)  Glass canopy at entrance to the flats;

b)  Details of all green roofs;

c)  Details of external cladding;

d)  Sample of eternal brickwork to be submitted.

 

REASON: To ensure that the external appearance of the building is satisfactory and does not detract from the character and visual amenity of the area.

 

8.  No external shuttering shall be installed at the approved development without the written approval of the local planning authority.

 

REASON: In the interests of the visual amenity of the area.

 

9.  Detailed drawings/full particulars of the proposed development showing the matters set out below; including samples where appropriate must be submitted to and approved by the Local Planning Authority, in writing, before any work is commenced on site. The development shall not be carried out otherwise than in accordance with the details thus approved:

 

a)  All materials on external elevations, including doors and windows

b)  Boundary treatment

c)  Controlled entry system at common entrance, including audio and close circuit links

d)  Secure doors to Cycle and Bin Storage areas

e)  Communal area lighting

f)  Down pipes and gutters shall be square in section and be fitted flush

 

REASON: In the interests of ensuring a satisfactory development at the site.

 

 

1.  The applicant/developer/landowner shall be required to enter into agreement to make provision for 100% affordable housing.

 

2.  The applicant/developer/landowner shall be required to enter into agreement to make a commuted sum of £ 34,033 for educational contribution based on the formula in the SPD on Planning Contribution, 23^rd August 2006.

 

3.  The applicant/developer/landowner shall be required to enter into agreement to make a commuted sum of £ 2,788.50 for library contribution based on the formula in the SPD on Planning Contribution, 23^rd August 2006.

 

4.  Housing Standards – all residential units to be built to lifetime home standards and Mobility Housing standards.

 

5.  Car Free – Retention of the development as car free and CPZ parking permits available to future residents of the site.

 

6.  Section 278 – Highways Act The owner will be required to enter into agreement under Section 278 of the Highways Act to pay £12,000 to the Council costs to reinstate and repair the public footway as a result of the demolition and construction process and £3,000 for the cost of implementation of a traffic management order (TMO).

 

7.  Improvement of the Public Realm due to the Development will increase the residential use at this corner site, and a request is made for £3,000 to improve the public highway for walking and cyclists at this junction and between this site and the route to the nearest bus stops.

 

8.  Sustainable Travel Plan – The submission of a Travel Plan covering both residential and business use, including servicing of the site. The contents to be included to be agreed with the Council’s Transport Officer.

 

9.  Payment by the landowner/developer/applicant of all the Council’s legal and other relevant fees, disbursement and Value Added Tax in respect of the proposed negotiations and completion of the proposed Section 106 Agreement.

 

INFORMATIVES:

 

The following informatives should be added:

 

SI.1  Building Control

SI.2  Work Affecting Public Highway

SI.3  Sanitary, Ventilation and Drainage Arrangements

SI.6  Control of Pollution (Clean Air, Noise, etc.)

SI.7  Hours of Building Works

SI.24  Naming and Numbering

SI.27  Fire Precautions Act 2005

SI.28  Refuse Storage and Disposal Arrangements