Agenda item

(13.35pm Cllr Wilkins left the meeting)

As this was a part heard application the Vice-Chairman read out the list of those Members who had been present when the application had previously been before the Committee.  Only those Members voted on the application.

Decision:

That the application be approved subject to the conditions set out in the report and subject to prior completion of a Section 106 agreement to secure the requirements specified in paragraph 7.4. (with the priority of use of the Affordable Housing Contribution being Billingborough, followed by the surrounding villages and then the normal cascade provisions).  Provided that if the Section 106 has not been completed within 6 weeks of the date of this meeting and the Business Manager for Development Management and Implementation, after consultation with the Chairman and Vice Chairman of the Development Control Committee, considers there are no extenuating circumstances which would justify an extension (or further extension) of time, the Business Manager for Development Management and Implementation be authorised to refuse the application on the basis that the necessary infrastructure or community contributions essential to make the development acceptable have not been forthcoming

Noting the original report to the Committee where all issues had been discussed when the original application came before the Committee, only the viability and planning obligations though a section 106 were considered. 

A new viability assessment had been undertaken by the Council’s new viability consultant the District Valuer Services (DVS) section of the Valuation Office Agency (VOA).  The VOA Service had concluded that whilst not all the S106 requirements could be met, a modest commuted sum towards the upgrade to recreational facilities within Billingborough and/or off site affordable housing could be provided whilst ensuring that the development remained viable. 

(1.48pm Cllr Ian Stokes left the meeting)

(1.50pm Cllr Ian Stokes returned to the meeting)

Noting comments made by Members at the meeting on the amount of affordable housing contribution and where the affordable housing contribution should be used and the advice given by the Committee’s Solicitor on the use of claw back clauses it was proposed, seconded and agreed that the application be delegated tothe Business Manager for Development Management and Implementation in consultation with Chairman and Vice-Chairman for approval subject to the signing of a Section 106 Agreement in accordance with the conditions and notes setout in the Case Officers report and subject to the affordable housing contribution being allocated firstly in Billingborough, followed by the nearby villages and then the normal cascade provisions.

1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission or two years from the approval of the last of the reserved matters, whichever is the later.
   
   
2. Details of the reserved matters set out below shall be submitted to the Local Planning Authority for approval within three years from the date of this permission:
   
   (a) layout;
   (b) scale;
   (c) appearance;
   (e) landscaping.
   
   Approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced.
   
   
3. Before each dwelling is occupied the roads and/or footways providing access to that dwelling, for the whole of its frontage, from an existing public highway, shall be constructed to a specification to enable them to be adopted as Highways Maintainable at the Public Expense, less the carriageway and footway surface courses. The carriageway and footway surface courses shall be completed within three months from the date upon which the erection is commenced of the penultimate dwelling.
   
   
   
4. When application is made for approval of the 'Reserved Matters', that application shall show details of arrangements to enable a motor vehicle to turn within the site so that it can enter and leave the highway in a forward gear.
   
   
5. When application is made for approval of the 'reserved matters', that application shall show details of  a surface water and foul water drainage scheme (based on sustainable drainage principles). The approved drainage works shall be completed in accordance with the details and timetable agreed to the satisfaction of the Local Planning Authority.
   
   
6. No works pursuant to this permission shall commence, unless otherwise agreed in writing by the Local Planning Authority, until there have been submitted to and approved in writing by the Local Planning Authority:
   
   (a)        A site investigation report assessing the ground conditions of the site and incorporating chemical and gas analysis identified as appropriate by the desk top study; and
   
   (b)        A detailed scheme for remedial works (should such works be required) and measures to be undertaken to avoid risk from contaminants and/or gases when the site is developed and proposals for future maintenance and monitoring.  Such scheme shall include nomination of a competent person to oversee the implementation of the works.
   
   
   
7. The development hereby permitted shall not be occupied or brought into use until a verification report has been submitted to and approved in writing by the Local Planning Authority.  The report shall be submitted by the agreed competent person and identify that approved remedial works have been implemented.  The report shall include, unless agreed in writing:
   
   (a)    A complete record of remediation activities, and data collected as identified in the remediation scheme, to support compliance with agreed remediation objectives;
   
   (b)    As built drawings of the implemented scheme;
   
   (c)    Photographs of the remediation works in progress; and
   
   (d)    Certificates demonstrating that imported and/or material left in situ is free from contamination.
   
   Thereafter the scheme shall be monitored and maintained in accordance with the approved remediation scheme.
   
   
8. Unless otherwise agreed in writing by the local planning authority a fire hydrant shall be installed in accordance with details to be submitted to and approved in writing by the local planning authority prior to the occupation of any properties on the site.
   
   
9. When application is made for approval of the 'reserved matters', that application shall show details of existing and proposed ground levels and proposed finished floor levels within the site.
   
   The development shall be undertaken in accordance with any such details that are approved.
   
   
10. The development hereby permitted shall be carried out in accordance with the following list of approved plans submitted as part of the application:
    
    Site Layout Plan
    1994 (03) 004 Rev A2 (in repect of the position of the site access only)
    both received 07 April 2014
    
    

Note(s) to Applicant

11.This site is within 50m of a Land Contamination Concern.  Please contact Environmental Protection Services on 01476 406300 for further information.

12.Prior to the commencement of any access works within the public highway, you should contact the Divisional Highways Manager on 01522 782070 for application specification and construction information.