Demolition of existing disused bank building and replacement with new residential development which includes 11 new dwellings: 9 x apartments, 1 x duplex apartment, and 1 x 2-storey house – variation of s106 heads of terms

The committee received the report of the Head of Development Management, including the relevant planning history of the site and details of the responses to the application. 

The Chair proposed that this item and the following be considered together as they were linked applications.  This was agreed by the committee.

The Principal Planning Officer (CO) explained that the application proposed the demolition of the existing disused bank building and its replacement with a new residential development which included 11 new dwellings comprising: nine apartments; one duplex apartment; and one two-storey house, with associated gardens and car parking.  Members were being asked to consider a variation of the s106 heads of terms.

The Chair invited Simon Warner, the agent, to speak for the application.  Mr Warner explained that since receiving planning permission on 28 February the applicant had been disappointed to conclude that it would not be able to provide the affordable rented units at the linked St John’s Road site (the subject of 17/01619/FUL). 

Viability appraisals had confirmed the national and local economic uncertainty which was affecting house prices as well as the developer’s ability to provide a financial contribution in lieu.  Mr Warner confirmed that a review mechanism had been agreed. 

The Chair invited comments from the committee.

Members of the committee expressed disappointment at the loss of the affordable housing element, which had previously been a considerable bonus to the council.  It was requested that the applicant engage in full open book accounting towards the end of the project, when actual build costs and sales values of the flats were known, in order to maximise any contribution to the council’s affordable housing provision.

The Chair moved the officer’s recommendation.

RESOLVED –

That, pursuant to a planning obligation under s.106 of the Town and Country Planning Act 1990 having been completed to secure the following Heads of Terms, conditional planning permission be granted subject to the conditions listed below:

Section 106 Heads of Terms

i)          To secure a review mechanism of the viability of the development to be undertaken towards the end of the project when actual build costs and sales values of the flats are known. This shall allow financial payment to be made towards affordable housing provision where the viability of the development can be shown to have improved to provide a financial surplus.

Conditions

1.         The development to which this permission relates shall be begun within a period of three years commencing on the date of this permission.

2.         The development hereby permitted shall be carried out in accordance with the following approved drawings:-

            MRPP2; 5407/A100 Rev P; 5407/A101 Rev L; 5407/A108 Rev F; TS16-148R\1; TS16-148R\2; TS16-148R\3; TS16-148R\4; TS16-148R\5.

3.         No construction works above damp proof course level shall commence until details of the materials to be used for all the external finishes of the buildings, including walls, roofs, doors, windows, fascias and balustrades, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out only in accordance with the approved materials.

4.         No construction works above damp proof course level shall commence until detailed drawings of the window and door reveals, brick detailing and capping to the external walls, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out only in accordance with the approved details.

5.         No part of the development shall be occupied until full details of a soft landscaping scheme have been submitted to and approved in writing by the Local Planning Authority. The approved landscaping scheme shall be carried out not later than the first available planting and seeding season after completion of the development. Any trees or plants whether new or existing which within a period of five years die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, or in accordance with details approved by the Local Planning Authority.

6.         No part of the development shall be occupied until full details of a hard landscaping scheme, including: details of the surfacing of the vehicular access, car park, pathways and amenity areas; details of all site boundary treatments, and all fencing or enclosures within the site, have been submitted to and approved in writing by the Local Planning Authority and the works have been carried out in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

7.         No part of the development shall be occupied until details of the siting, size and design of refuse and recycling storage facilities have been submitted to and approved in writing by the Local Planning Authority and the storage facilities have been installed in accordance with the approved details. The storage facilities shall be retained at all times thereafter.

8.         No part of the development shall be occupied until an updated Noise Assessment has been submitted to and approved in writing by the Local Planning Authority. This shall include specification details of the building envelope and the mechanical ventilation system(s) for each of the dwellings to achieve the internal noise levels contained in BS 8233:2014, along with specification details of the building services plant. Together, the ventilation systems and building services plant shall not exceed 39dB(A) during the day-time and 27dB(A) during the night-time, one metre from the nearest residential façades when assessed in accordance with BS 4142:201. The building services plant shall be mounted on appropriate anti-vibration mountings. The development shall be implemented in accordance with the approved details and retained thereafter for the lifetime of the development.

9.         Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 as amended (or any modification or re-enactment thereof), no development permitted under Schedule 2, Part 1, Classes A, B, D, E and F of the Order shall be carried out to the dwelling house adjacent to the boundary with No. 4 Haydon Road without the prior written permission of the Local Planning Authority.

10.       No above ground construction may commence until a detailed surface water drainage scheme for the site, based on the Flood Risk Assessment and SUDS Strategy prepared by XCO2, dated January 2018, has been submitted to and approved in writing by the local planning authority. The scheme shall include:

1.         Final, detailed drainage plan including the location and size of all SUDS features, pipe runs and discharge points with all invert and outlet levels.

2.         Detailed engineered drawings of the proposed SuDS features including cross section drawings, their size, volume, depth and any inlet and outlet features including and connecting pipe runs.

3.         Final detailed management plan to include arrangements for adoption and any other arrangements to secure the operation of the scheme throughout its lifetime.

            The scheme shall subsequently be implemented in accordance with the approved details prior to occupation of the development.

Informatives

IN907 Consideration of the proposal in a positive and proactive manner

IN909 Street Naming and Numbering

IN910 Building Regulations

IN911 Party Wall Act

IN912  Hours of Construction

IN913 Community Infrastructure Levy

IN915 Highway Works – HCC agreement required