Agenda item

Report of the Head of Transport and planning 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 Transport and Planning in respect of an application for planning permission for the proposed development at the above address recommending that the application be delegated to the Head of Transport and Planning to grant planning permission subject to the criteria listed in the report.

Erection of a 6th floor extension for 2 penthouses (2 x 2-bedroom)

Nail Kacey(local residents/ objecting), and Bob Hull (agent), were present and with the consent of the Chair, addressed the meeting. In addition the Panel noted that statements had been received from Lorraine Lakh, Phillip Drake, Dr Doherty , Radu-Daniel Voit and Maria Mihaela Gherda, circulated, read and posted online.

The presenting officer reported that paragraph 6.11 should have made reference to one bicycle and not two.  The report paragraph needed 7.3  needed amending to and the following be added it:

“When assessing the application, the Council has a duty to ensure special attention is paid to the desirability of preserving or enhancing the character or appearance of that area as set out in the NPPF. No objection has been raised by the Council’s Historic Environment officer nor the previous Planning Inspector on this basis. This duty needs to be balanced against the benefits of the scheme and in this case the provision of two units outweighs the harm in this case.”

During the debate on the application for the 2 flats it was clear that the situation in regard to the buildings waste and cycle storage had never been satisfactorily resolved.  Officers proposed that the recommendation be amended along with an additional condition should be added to address this matter, set out below.

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

The Panel then considered recommendations that authority be delegated to the Head of Transport and Planning to grant planning permission subject to criteria listed in the report (as amended).  Upon being put to the vote the recommendations, as amended, were carried unanimously.

RESOLVED

1)  To confirm the Habitats Regulation Assessment set out in Appendix 1 of the report.

2)  That authority be delegated to the Head of Transport and Planning to grant planning permission to the planning conditions recommended at the end of this report and the completion of a S.106 or S.111 Legal Agreement to secure

a)  either a scheme of measures or a financial contribution to mitigate against the pressure on European designated nature conservation sites in accordance with Policy CS22 of the Core Strategy and the Conservation of Habitats and Species Regulations 2010; and

b)  Receipt of satisfactory amended plans within one month of the Panel meeting date showing a revised communal cycle store to a metirc scale showing useable Sheffield style hoops for use by all residents (existing and proposed).  . The approved cycle storage shall be implemented prior to the first occupation of the development hereby approved (if not before) and shall be retained for the lifetime of the development.  In the event that the amended plan is not submitted delegation is given to refuse the application for not providing residents with an acceptable cycle storage solution to the detriment of promoting alternative modes of travel to the private car.

3)  That the Head of Transport and Planning be given delegated powers to add, vary and/or delete relevant parts of the Section 111/106 agreement and/or conditions as necessary.

4)  In the event that the legal agreement is not completed within a reasonable period following the Panel meeting, the Head of Transport and Planning be authorised to refuse permission on the ground of failure to secure the provisions of the Section 106 Legal Agreement.

Additional Recommendation

Cycle parking (Performance Condition)

Before the development hereby approved first comes into occupation, the ground floor storage for bicycles shall be provided and made available for use in accordance with the plans hereby approved. The storage shall thereafter be retained as approved for the lifetime of the development.

REASON: To encourage cycling as an alternative form of transport.