Agenda item

Application for determination:-

Outline application for residential development (up to 80 dwellings), associated infrastructure, ancillary facilities, open space and landscaping. Construction of vehicular and pedestrian accesses from Rudloe Drive. (All matters reserved) (Framework Plan 5 Area FP5) at Rudloe Drive, Kingsway.

The Principal Planning Officer presented the report which detailed an outline application for residential development (up to 80 dwellings), associated infrastructure, ancillary facilities, open space and landscaping. Construction of vehicular and pedestrian access from Rudloe Drive. (All matters reserved) (Framework Plan 5 Area FP5) at Rudloe Drive, Kingsway.

The Planning Officer drew Members’ attention to the late material which contained conditions of which any grant of planning permission would be subject to.

The Chair asked the Officers for clarification on the proposals for Public Open Space. Further, a Member questioned why the Committee was being asked to grant permission for Public Open Space at the outline stage, as he felt that such a consideration should only be presented to Committee under reserved matters.  

The Planning Officer responded that planning permission for Public Open Space must be decided at the outline stage, noting that on reserved matters it would not be possible to ask for a new s.106 Town and Country Planning Act 1990.

The Chair stated that although it would be a shame to lose employment land, houses were also needed. He referred Members to the proposal for 20% Affordable Housing as part of the development, noting that this would be particularly welcome.

A Member reiterated that he was not satisfied with the discussion of Public Open Space provisions at this stage, as it was possible it would not be sent back to the Committee for consideration again. He commented that the Committee should have been provided with more detailed guidance regarding the Public Open Space prior to the meeting. He was particularly concerned that there would not be a children ‘s play area on-site, but rather only a contribution to open space at another site, as set out in the application.

The Planning Officer explained that contributing to an off-site open space as opposed to an on-site one had been deemed more appropriate as it would cater to a wider section of the community. He added that the development site was relatively small to be able accommodate an open space area. Thus, £69.000 had been allocated for Public Open Space elsewhere, with a view to investing a smaller portion on a small onsite play area. However, he emphasised that, ultimately, it was for the Committee to decide whether the Public Open Space area would be on or off site. 

Reminding the Committee of their duty to act in the public interest, two Members felt that not enough information had been provided to be able to give effect to this duty. The Chair whilst agreeing with this, observed that by investing most of the allocated funds to a larger onsite play area, rather than off-site, there was the danger that this would come at the expense of losing dwellings, and specifically, affordable housing.

A Member stressed that an off-site area could be too far removed from the development, thus making it difficult to access, for example for younger children. With this in mind, he felt that the decision to grant planning permission should be deferred until further information had been provided. Another Member echoed the view that further clarity was needed as to where exactly the open space areas would be, she suggested that the phrase ‘immediate area’ by itself was not enough.

The Planning Officers presented to the Committee the proposed Public Open Areas, highlighting that Landscape Advisers would have also given due consideration to the plans. Some Members felt that the roads were not clearly marked enough, and so agreed to adjourn in order consider the different options.

Following this, it was agreed that the following were the most feasible options:

Option A.):

Public Open Space to be provided within 800m, otherwise the decision would come back to the Committee.

Option B):

The decision could be deferred to a later date. Nonetheless, the Committee agreed that this could mean that dwellings would be lost, and especially affordable housing.

The Chair summarised his position as follows: the s.106 provision in this case would include both offsite and onsite Public Open Space areas. Specifically, the onsite space would be a play area. He reminded Members that this would mean reducing the amount of funds available for the off-site areas.

The Planning Officers expressed that s.106 already made provision for the Committee to decide whether the Public Open Area would be on or off site.

The Committee then unanimously agreed that section 7.2 of the report would be written as follows: ‘to include an onsite play facility’.

RESOLVED that the Technical Planning Manager be authorized to grant planning permission subject to the resolution of ecology issues; open space provision; the amendment to and/or addition of conditions as necessary; and conclusion of planning obligations under S.106 of the Town and Country Planning Act 1990 to secure the obligations listed below: -

20% of the total number of dwellings with a tenure mix of 75 % affordable rented units and 25% shared ownership units;

Provision and maintenance of on-site play facility and off-site public open space;

Any requirement from Natural England to mitigate for the impacts on the designated habitats.