Agenda item

Report of the Planning and Development Manager recommending delegated authority to grant planning permission subject to receipt of an undertaking from the Head of Property and Procurement Services, attached.

Re-development of the site. Demolition of Rosebank Cottage and erection of 31 dwellings (12 x two-bedroom flats, 7 x two-bedroom houses, 10 x three bedroom houses and 2 x 4 bedroom houses) with associated access and parking, includes closure of part of the public highway in Studland Road (Outline application seeking approval for access, layout and scale). 

UPON BEING PUT TO THE VOTE THE OFFICER RECOMMENDATION TO GRANT CONDITIONAL PLANNING PERMISSION SUBJECT TO RECEIPT OF AN UNDERTAKING FROM THE HEAD OF PROPERTY AND PROCUREMENT SERVICES THAT THE TRIPARTITE CONTRACT FOR THE SALE OF LAND BE CONDITIONAL UPON RAGLAN HOUSING ASSOCIATION OR ANY OTHER SUBSEQUENT LANDOWNER ENTERING INTO A S106 AGREEMENT SIMULTANEOUSLY TO THE LAND TRANSFER WAS CARRIED

RECORDED VOTE:

FOR:  Councillors Jones, Mrs Blatchford, Claisse, Cunio, L Harris and Osmond

AGAINST:  Councillor Thomas

RESOLVED that:

(a)  approval be given for the stopping up of that piece of public highway in Studland Road forming the existing site access under Section 257 of the Town and Country Planning Act necessary to allow the development to proceed;

(b)  conditional planning permission be granted subject to the receipt of an undertaking from the Head of Property and Procurement Services that the tripartite contract for the sale of the land owned by the Council and Mr Daniel Grimes, the subjects of this application, will be conditional upon Raglan Housing Association or any other subsequent landowner entering into a S106 agreement with the Council simultaneously to the land transfer to secure the following:-

i.   Financial contributions towards site specific transport contributions for highway improvements in the vicinity of the site in line with Policy SDP4 of the City of Southampton Local Plan Review (March 2006), policies CS18 and CS25 of the adopted LDF Core Strategy (2010) and the adopted SPG relating to Planning Obligations (August 2005 as amended);

ii.  A financial contribution towards strategic transport projects for highway network improvements in the wider area as set out in the Local Transport Plan and appropriate SPG/D;

iii.   Financial contributions towards the relevant elements of public open space required by the development in line with polices CLT3, CLT5, CLT6 of the City of Southampton Local Plan Review (March 2006), Policies CS21 CS25 of the adopted LDF Core Strategy (2010) and the adopted SPG relating to Planning Obligations (August 2005 as amended), to mitigate for the loss of that part of the site which is currently protected open space:-

·  Amenity Open Space (“open space”);

·  Playing Field;

·  Play space/equipment;

iv.  The provision of 35% of the dwellings as affordable housing, in accordance with Policy CS15 of the adopted LDF Core Strategy (2010);

v.  Submission of a highway condition survey to ensure any damage to the adjacent highway network attributable to the build process is repaired by the developer; and

REASONS FOR DECISION

Following the Panel resolution of the 31^st August 2010, the Council has been unable to secure one of the mortgagee’s, linked with the parcel of land owned by Mr Grimes, to become party and sign the Section 106 Agreement, as a result of that mortgagee’s own policy on signing Section 106 Agreements. As such, as currently resolved the planning permission cannot be issued and the delivery of the scheme has stalled. Therefore to ensure deliverability of the scheme the Council, subject to advice from the Council’s Solicitor acting on behalf of the Council, is satisfied that a tripartite contract between all interested parties provides the control over the land to revise the procedure for completing the Section 106 as recommended by this report. In short, the Section 106 Agreement can be completed at the land transfer stage, without the mortgagee in question, thus enabling the planning permission to be issued and the scheme free to be implemented.