Agenda item

Report of the Interim Head of Planning and Economic Development recommending that the Panel delegate approval in respect of an application for a proposed development at the above address.

The Panel considered the report of the Head of Planning and Economic Development recommending delegated authority be granted in respect of an application for a proposed development at the above address.

Implementation of planning permission 16/02016/OUT (for the redevelopment of the site) not in accordance with condition 4 (odour). Variation of condition 4 sought to enable residential accommodation in phase 3 of the development to be occupied in advance of the new wastewater tanks being finalised and the existing tanks being decommissioned.

Neo Radoki (agent), and Ian Barnett were present and with the consent of the Chair, addressed the meeting.

The presenting officer reported that since the publication of the officer report an updated Habitats Regulation Assessment and comments from the Environment Health Team had been received and that these had been circulated and placed online.  

Upon being put to the vote the Panel confirmed the Habitats Regulation Assessment.

The Panel then considered the recommendation to delegate authority to the Service Lead: Infrastructure, Planning and Development to grant planning permission. Upon being put to the vote the recommendation was carried unanimously.

RESOLVED that the Panel:

1. Approved the amended Habitats Regulations Assessment, which will be provided by way of update ahead of the Panel meeting.

2.  Delegated authority to the Head of Planning and Economic Development to grant planning permission subject to the planning conditions recommended at the end of this report and the completion of a S.106 Deed of Variation to the original S.106 Legal Agreement to secure:

(i)  any outstanding planning obligations from the original s.106 legal agreement under LPA ref: 16/02016/OUT together with any ongoing requirements;

(ii)  to secure the cleaning of the existing wastewater tanks at specified times and specified events with agreement from Southern Water;

(iii)  to ensure the submitted programme of works is adhered to ensure full removal and suitable replacement within agreed timescales; and,

(iv)  To enable the occupation of the development in line with the condition hereby recommended for approval on this basis.

3. That the Head of Planning and Economic Development be granted delegated authority to add, vary and /or delete relevant parts of the Section 106 agreement and/or conditions as necessary.

4. In the event that the s.106 legal agreement is not completed by the 25^th March 2021 – the application target date - the Head of Planning and Economic Development be granted authority to:

(i)  refuse permission on the ground of failure to secure the provisions of the Section 106 Legal Agreement that would result in a poor residential environment for occupiers of the development, due to the odour effects of the existing wastewater tanks not being adequately mitigated; and

(ii)  Issue a Breach of Condition Notice, as required, in line with current scheme of delegation