Agenda item

Erection of 3 dwellings and associated ancillary buildings, drainage systems, boundary treatments, hard surfacing with vehicular access from Thorpe Road.

 Following a short break before this Planning Application was presented, the Chairman (Councillor Fowler) returned to the meeting and re-occupied the Chair for the rest of the meeting.

Committee members were told that this application had been referred to the Planning Committee as it followed a refusal by Members (at the Planning Committee’s meeting on 28 September 2023) of Application 22/01332/FUL for the same type of development.

Members were also told that the application sought full planning permission for the erection of three dwellings on a small parcel of land that formed part of a much larger site for which the Council had granted outline planning permission. The outline planning permission (19/00524/OUT) allowed for up to 280 dwellings, a new primary school and children’s nursery, up to 3,000sqm of office space and associated infrastructure. Reserved Matters approval was recently granted by Members (22/00979/DETAIL) for 277 dwellings, 1,910m² commercial floorspace, railway footbridge, and associated infrastructure pursuant to outline planning permission 19/00524/OUT.

The Committee heard that, because it was proposed that the three dwellings were accessed across land that was outside the red line of outline planning permission, the applicant had been required to submit a separate application for full planning permission, so it was not pursuant to the outline planning permission. If that application was approved that would result in a total of 280 dwellings within the area that had outline planning permission, that would be consistent with the maximum number of dwellings that were allowed under the outline planning permission.

Members were informed that there was no objection to the principle of residential development as the land already had outline planning permission for residential development. Furthermore, the site was located within the Weeley Settlement Development Boundary and was allocated as a mixed-use development in the adopted Local Plan. The detailed design, layout, landscaping and scale were considered acceptable by Officers. There were no objections from consultees and Officers considered that the proposal would not result in harm to highway safety, biodiversity or to residential amenity of a level that would warrant the refusal of planning permission. The application was therefore recommended for approval by Officers subject to the legal agreement and planning conditions listed in the Officer report.

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval subject to a Section 106 Agreement.

At the meeting, an oral presentation was made by the Council’s Planning Officer (AN) in respect of the application.

There were no updates circulated to Members on this Planning Application.

Will Vote, the applicant’ agent, spoke in favour of the application.

Councillor Peter Harris, the Ward Member, spoke in favour of the application.

There were no questions asked by Members on this occasion.

It was moved by Councillor Sudra, seconded by Councillor Alexander and unanimously:-

RESOLVED that -

1)    on appropriate terms as summarised below and those as may be deemed necessary to the satisfaction of the Head of Planning and Building Control to secure the completion of a legal agreement under the provisions of section 106 of the Town and Country Planning Act 1990 dealing with the following matters:

-       linking this planning permission to outline planning permission 19/00524/OUT and the associated Section 106 agreement, in order that the dwellings constructed under 23/01819/FUL are dwellings for the purposes of the Section 106 legal agreement and are bound by the subject to the provisions and obligations contained within that agreement,

-       no more than 280 dwellings shall be constructed on the combined area of the application site (23/01819/FUL) and the outline site (19/00524/OUT) and that the 3 residential units constructed under this application are not in addition to the 280 residential units permitted under the outline planning permission,

-       not to implement the planning permission (23/01819/FUL) unless and not until the outline planning permission (19/00524/OUT) has commenced,

-       to implement this planning permission (23/01819FUL) prior to the occasion of 50 dwellings under the outline planning permission (19/00524/OUT).

2)    that the Head of Planning and Building Control be authorised to grant planning permission subject to the agreed section 106 agreement and conditions as stated at paragraph 8.2 of the Officer report, or varied as is necessary to ensure the wording is enforceable, precise, and reasonable in all other respects, including appropriate updates, so long as the principle of the conditions as referenced is retained;

3)    the sending to the applicant of any informative notes as may be deemed necessary; and,

4)    in the event of the Planning obligations or requirements referred to in Resolution (1) above not being secured and/or not secured within 12 months of the date of this meeting, the Head of Planning and Building Control be authorised to refuse the application on appropriate grounds at their discretion.