Agenda and minutes

Apologies for absence were received from Councillors McGinnity, Roche and Anne Thompson.

Members are requested at a meeting where a disclosable pecuniary interest or personal interest arises, which is not already included in their Register of Members' Interests, todeclare any interests that relate to an item on the agenda.

Where a Member discloses a Disclosable Pecuniary Interest, he/she must withdraw from the meeting by switching their camera and microphone off during the whole consideration of any item of business in which he/she has an interest, except where he/she is permitted to remain as a result of a grant of a dispensation.

Where a Member discloses a personal interest he/she must seek advice from the Monitoring Officer or staff member representing the Monitoring Officer by 12 Noon the day before the meeting to determine whether the Member should withdraw from the meeting room, during the whole consideration of any item of business in which he/she has an interest or whether the Member can remain in the meeting or remain in the meeting and vote on the relevant decision.

No declarations of any disclosable pecuniary interests or personal interests were received.

RESOLVED:

That the Minutes of the meeting held on 19 January 2022 be confirmed as a correct record subject to minute No. 68 (1) (c) being amended to read:-

(c)    an additional condition relating to the revision of the layout of the end elevations (Northerly and North Westerly) of blocks C and D facing Granville Rd, to ensure windows are obscurely glazed with no clear glazed openings or views over Granville Road, and amendment to conditions to verify the final positioning of blocks C and D, with the final wording delegated to the Chief Planning Officer.

The Committee considered the report of the Chief Planning Officer recommending that the above application for the change of Use from dwellinghouse (Class C3) into a House in Multiple Occupation(HMO) (Sui Generis) (7 persons) (Alternative to DC/2021/02343 refused 26 November 2021)be granted subject to the conditions and for the reasons stated or referred to in the report.

Arising from the discussion members considered that in order to protect the living conditions of neighbouring and adjacent occupiers a management plan for the premises needed to be in place prior to its occupation. It was also considered that in order to asses the impact of the development on the surrounding area it would be prudent to grant the application for a fixed period.

Members also discussed condition No. 5 contained in the report, relating to soundproofing of the premises, and felt that this needed to be improved to cover all rooms in the property.

RESOLVED:

That the recommendation be approved and the application be granted for a temporary period of 2 years subject to the conditions and for the reasons stated or referred to in the report, in Late Representations and subject to:-

(1)         an amended condition No. 5 relating to improved soundproofing between all rooms within the property (even when not adjoining communal areas), and

(2)      the following additional condition:-

The development shall not be occupied until a management plan has been submitted to and approved in writing by the local planning authority. The management plan shall detail how the property will be managed in order to minimise impacts such as noise, disturbance, anti-social behaviour and refuse storage on the wider area. The measures detailed in the approved management plan shall be adhered to in full throughout the lifetime of the development.

Reason: To safeguard the living conditions of neighbouring/adjacent occupiers and land users.

Members will recall considering an application on 17^th March 2021(Minute No. 116) and 14^th April 2021 (Minute No. 128), which sought the removal of an affordable housing condition attached to a 2019 planning permission for the erection of an apartment block containing 32 apartments (for over 55’s).  In support of the application, the applicant demonstrated that there was no market demand for on site affordable housing and also that there was a viability argument (verified by the Council’s retained viability consultant).  In this instance, a financial contribution of £266,000 towards providing affordable housing off site locally was considered to be a viable contribution whilst ensuring that the scheme can be delivered and outweighing any harm to the living conditions of neighbouring residents.  Although members were disappointed that the affordable housing contribution could not be achieved on site or in full, the lack of interest in the affordable housing units and difficulties with appointing a new developer were recognised as presenting significant challenges and necessitated the need to re-assess the situation based on the new circumstances.

At the committee meeting on 14^th April 2021 (Minute No. 128), members resolved to approve the application subject to the applicant entering into a section 106 legal agreement to secure the financial contribution towards off site affordable housing.

Following the April meeting, complaints were received alleging that the applicant was not associated with the development and that the details contained within the application form, mainly the contact details and certificate of ownership, was incorrect.  Following a formal investigation, it was clear that an error was made regarding the applicant’s details identified on the application form.  However, it is considered that this error did not lead to any gain for the applicant or caused anyone to suffer any loss.  The application form (including the certificate of ownership) has been corrected and submitted to the Council.  Local residents have been given the opportunity to review the updated information and whilst correspondence has been received from two residents, they do not raise matters that were not already addressed in the previous committee reports.    

Members are therefore asked to note this update to enable the Council to proceed with completing the Section 106 and issue a decision.   

Further to Minute Nos. 116 (17 March 2021) and 128 (14 April 2021) the Committee considered the report of the  Chief Planning Officer that reminded members of previous consideration of the above application which sought the removal of an affordable housing condition attached to a 2019 planning permission for the erection of an apartment block containing 32 apartments (for over 55’s).

At Minute No. 128 (14 April 2021) the Committee had resolved to approve the application subject to the applicant entering into a section 106 legal agreement to secure a financial contribution towards off site affordable housing.

Following the April 2021 meeting, complaints had been received alleging that the applicant was not associated with the development and that the details contained within the application form, mainly the contact details and certificate of ownership, were incorrect. Following a formal investigation, it was clear that an error had been made regarding the applicant’s details identified on the application form. However, it was considered that this error did not lead to any gain for the applicant or cause anyone to suffer any loss. The application form (including the certificate of ownership) had subsequently been corrected and submitted to the Council. Local residents had been given the opportunity to review the updated information and whilst correspondence had been received from two residents, they did not raise matters that were not already addressed in the previous committee reports.

RESOLVED:

That the update be noted and the Chief Planning Officer be authorised to proceed with the completion of the Section 106 and issue a decision notice.

Report of the Chief Planning Officer.

The Committee considered the report of the Chief Planning Officer on the results of the undermentioned appeals and progress on appeals lodged with the Planning Inspectorate.

RESOLVED:

That the report be noted.

Report of the Chief Planning Officer.

The Committee considered the report of the Chief Planning Officer which advised that the undermentioned site had been inspected by the Visiting Panel on 14 February 2022.

RESOLVED:

That the report on the site inspected by the Visiting Panel be noted.