Issue - meetings

Application for a new planning permission to replace extant planning permission HGY/2008/0462 for redevelopment of site to provide 3 storey building comprising 2 x three bed and 4 x two bed self-contained flats with 3 no. car parking spaces.

RECOMMENDATION: Grant permission to replace extant consent subject to conditions and a deed of variation to the current S106 Agreement.

The Committee considered a report, previously circulated, which set out details of the application, the site and surroundings, planning history, relevant planning policy, consultation and responses and analysis. The report recommended that consent be granted subject to conditions and a deed of variation to the current s106 agreement. The Planning Officer gave a presentation outlining the key points of the report and responded to questions from the Committee.

Cllr Bevan addressed the Committee in objection to the application. He expressed concern that the applicant was currently using the site illegally as a builders yard and that, were the application granted, this would lead to a further three years’ illegal use of the site. It was requested that the application for an extension of time be granted for only one year. In response to a question from the Committee, Cllr Bevan advised that this would encourage compliance as, if work were not undertaken within a year, the application would then be in breach of the new planning guidance on room sizes that was to be introduced.

The Planning Officer confirmed that the existing room size directive, which was currently guidance only, may be strengthened as an SPD in the next year, although it was not yet determined to what size of site the standards would apply. The Legal Officer advised the Committee that as an application for a renewal, the actions available to the Committee were limited – a different decision could only be reached if there had been a change in policy circumstances since the granting of the original permission. Although there were circumstances in which a shorter period of time could be granted, it was advised that these were not applicable in this case. In response to a question regarding how the likely future change in policy would affect the Committee’s decision, it was advised that the decision had to be made in light of current circumstances. It was confirmed that any legal action being taken in respect of the site was an entirely separate process and should not be taken into consideration.

The Committee examined the plans. The recommendation of the report was moved and on a vote of 7 in favour and 2 against it was:

RESOLVED

That permission be granted to replace extant Planning Permission reference number HGY/2008/0462, subject to the conditions (as set out below) continuing to apply in all respects other than as modified by the approval of this Planning Permission and subject to Section 106 agreement attached to this previous consent also continuing to apply other than any variation to Section 106 Agreement considered necessary to the Councils Legal Department.

IMPLEMENTATION

1. The development hereby authorised must be begun not later than the expiration of 3 years from the date of this permission, failing which the permission shall be of no effect.

Reason: This condition is imposed by virtue of the provisions of the Planning & Compulsory Purchase Act 2004 and to prevent the accumulation of unimplemented planning permissions.

2. The development hereby authorised shall be  ...  view the full minutes text for item 80