Agenda item

Factory Between 42 To 98 Morley Avenue

Minutes:

Martin Poole, Area Planning Manager, introduced planning application 18/01789/PFUL3 by Letts Wheeler Architects on behalf of Nottingham Community Housing Association for a development of 24 family houses and 7 supported housing flats with associated staff office/overnight accommodation.

 

The application is brought to Committee because policy compliant S106 contributions may not be achieved on the grounds of viability depending on the awaited conclusion of the District Valuer.

 

Martin Poole delivered a brief presentation which included a plan of the proposed development, photographs of the current site from different angles, floor plans of the 1, 2 and 4 bedroom houses, plans of the flats, and GCIs of the completed development from different angles.

 

The following points were highlighted:

 

(a)  At the request of officers, amendments have been made to the original plans including an amendment to the design of the roof of the flats;

 

(b)  The view of the District Valuer has been sought with regard to the potential of a S106 contribution, but due to a backlog in valuations and time constraints of the developer, the Housing Association has requested that the application is put before the Committee to consider delegation to the Director of Planning and Regeneration for the negotiation of the value determination and allocation of any S106 financial contributions;

 

(c)  Representations have been received from local residents raising concerns around parking but each proposed dwelling is provided with a car parking space and there is further capacity on site for visitor parking. The current space at the front of the site which is often used by neighbouring residents is part of the site and offers no parking rights;

 

(d)  Further information is provide in the update sheet, including comments from Highways colleagues who, having assessed the site access and parking within the area, did not raise any objections.

 

Members of the Committee commented as follows:

 

(e)  Whilst not objecting to the development, the request for delegation to Officers regarding the approval of the level of S106 funding is not acceptable as this is for the determination of the Planning Committee;

 

(f)  The development of the site is welcomed, as is clarification on the concerns raised about parking;

 

(g)  The determination of S106 funding should be brought back to Committee for approval;

 

(h)  The agreement to maintain the steep bank on the edge of the development is welcomed;

 

(i)  Each house should be provided with a car charging point and if there is capacity, solar panels should be installed on the roofs where possible;

 

(j)  Planning Officers are requested to ensure that boundary treatments are carefully considered, adequate and durable;

 

(k)  Further clarity needs to be sought as to why the developer believes that a S106 contribution is not viable;

 

(l)  Rather than delay the progress of the development by requiring it to return to Committee for S106 approval, the Committee could delegate approval to the Director of Planning and Regeneration in consultation with the Chair, Vice-Chair, Lead opposition spokesperson on the Committee, and  Councillor Leslie Ayoola as a ward councillor.

 

RESOLVED

 

(1)  to grant planning permission subject to:

 

a)  the District Valuer viability assessment being reviewed by,  and final power to determine any financial contributions under a section 106 Agreement being delegated to, the Director of Planning and Regeneration in consultation with the Chair, Vice-Chair, Lead Opposition Spokesperson on the Committee,

the prior completion of an agreement under section 106 of the Town and Country Planning Act 1990 to include:-

 

(i)   a financial contribution towards off-site public open space and/or

(ii)   a financial contribution towards education provision.

 

and subject to the Director of Planning and Regeneration being satisfied that the requirements of Regulations 122 and 123 of the Community Infrastructure Levy Regulations 2010 are met;

 

b)  the indicative conditions substantially in the form of those listed in the draft decision notice at the end of the report and referred to in the Update Sheet, including:

 

(i)  the submission of a lighting scheme;

(ii)  the submission of electric vehicle charging points;

(iii)  to change the trigger for the submission of details to pre-occupation rather than pre-commencement;

(iv)  consideration of solar panels;

 

(2)  The power to determine the final details of the conditions are delegated to the Director of Planning and Regeneration.

 

Councillor Malcolm Wood requested that his vote against the recommendations was recorded.

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