Agenda and minutes

Apologies for absence were received from Councillors G.B. Thomas and J.E. Williams.

There were no declarations of personal interest.

The Senior Development Management Officer referred to the private site visit undertaken by the Committee earlier that day (Minute 4.3 of the Planning Committee held on the 16^th November, 2017 refers) the purpose of which had been to enable the Committee to view the concerns raised over the increased traffic which would be generated by the proposed development for the safety of pedestrians, in particular, children walking to and from school.  He thereupon referred, with the aid of powerpoint slides, to the written report of the Head of Planning which provided an appraisal of the site together with a description of the development, a summary of consultation responses received and information on the local and national policies which were relevant to the assessment of the application.

Particular reference was made to the planning history of the site in relation to the grant of planning application W/09082 in 2008, subject to a Section 106 Agreement for the provision of community benefits, the lapse of that consent in 2013, and the Welsh Office Inspector’s decision to include the site within her binding report on the LDP, published on the 16^th October, 2014 without any specific requirement or conditions that the community benefits agreed under W/09082 were to be applied to any new planning consent. As a result of that decision, the Committee was advised that the application would need to be considered under current statutory planning legislation, including the Community Infrastructure Levy (CIL) Regulations 201, that placed limitations on the use of Section 106 Planning Obligations, and therefore the previously agreed community benefits could not be applied to the new application.  However, if the Committee was to grant the application, the applicant would still be required to enter into a Section 106 Agreement to include a £26k contribution towards primary and secondary school education within the site’s catchment, highway improvements to include the provision of a footpath alongside the site’s frontage and further along into the village of Broadway.

In summary, the Committee was advised that the Head of Planning was recommending approval of the application for the reasons detailed within her written report and subject to the applicant entering into a Section 106 Agreement.

Representations were received on the previously agreed community benefits to be provided as part of planning application W/09082 and specifically, the land ownership transfer issues. It was argued those benefits should be honoured by the developer and incorporated within any new planning consent granted on the land. Additional representations were made on the separate accesses for the private and affordable housing elements of the proposed development and for those elements to be linked to avoid segregation.

The Developer’s agent, in response to the representations, advised that the application had been subject to extensive consultation with no objections having been received from statutory consultees, subject to appropriate conditions, and also complied with local and national planning policies. With regard to the previous consent, and the agreed Section 106, those had lapsed, and any new consent, and  ...  view the full minutes text for item 3.

The Senior Development Management Officer referred to the private site visit undertaken by the Committee earlier that day (Minute 5.2 of the Planning Committee held on the 14^th December, 2017 refers) the purpose of which had been to enable the Committee to view the site in light of a representation received in support of the application on the grounds the applicant met the local needs eligibility criteria, had received and taken on board pre-planning advice, and no objections had been received. He thereupon referred, with the aid of powerpoint slides, to the written report of the Head of Planning which provided an appraisal of the site together with a description of the development, a summary of consultation responses received and information on the local and national policies which were relevant to the assessment of the application.

The Committee was advised that the Head of Planning was recommending refusal of the application for the reasons detailed within her written report. However, it was advised that should it be minded to grant consent contrary to that recommendation, that consent should be conditional upon the applicant undertaking a Noise Impact Assessment, as required by the Head of Public Protection and entering into a Section 106 Agreement on the basis of local need criteria.

RESOLVED that planning application W/35041 be granted, contrary to the recommendation of the Head of Planning, subject to the production of a satisfactory Noise Impact Assessment and to the applicant entering into a section 106 Agreement on local need criteria.