PAPER C

 

Committee :   DEVELOPMENT CONTROL SUB COMMITTEE

 

Date :              23 JANUARY 2007

 

Title :               UPDATE REPORT ON THE SECTION 106 AGREEMENT, PLANNING CONDITIONS AND INFORMATION REQUIRED FOR THE COMMENCEMENTS OF DEVELOPMENT AT KINGSTON, EAST COWES

 

OUTLINE CONSENT FOR 9.9HA OF RESIDENTIAL DEVELOPMENT; 9.9HA OF EMPLOYMENT DEVELOPMENT; MANAGED WOODLAND; NATURE CONSERVATION AREAS; PROPOSED ACCESS ROAD JUNCTION WITH WHIPPINGHAM ROAD AND BEATRICE AVENUE; NETWORK OF PUBLIC FOOTPATHS/CYCLEWAYS; PUBLIC TRANSPORT LINK ONLY TO KINGSTON ROAD

 

LAND BOUNDED BY KINGSTON FARM LANE/CADETS WALK/KINGSLEA PARK/BEATRICE AVENUE, EAST COWES POWER STATION/AGRICULTURAL LAND/SOUTH OF EAST COWES VICS FOOTBALL GROUND INCLUDING LAND OFF WHIPPINGHAM ROAD, EAST COWES

 

REPORT OF THE HEAD OF PLANNING SERVICES

 

 

PURPOSE

 

The purpose of this report is to update Members on the progress of finalising the Legal Agreement and conditions to enable the issue of planning permission for the above proposal.  Members’ agreement is sought on the final detailed conditions to be listed on the Decision Notice.

 

BACKGROUND

 

1.         The Development Control Sub Committee resolved to grant planning permission for the above proposal at a special meeting convened at East Cowes Town Hall on 25 September 2006.  The decision was referred to the Government Office for the South East as the proposal comprised over 150 dwellings in a greenfield location.  The Government Office has confirmed that this proposal together with that for the regeneration of East Cowes submitted by SEEDA and English Partnerships will not be ‘called in’ and as such planning permission can be issued.  Discussions have continued between the applicants and officers over the detailed wording of the Legal Agreement and the proposed planning conditions.

 

Proposed Requirements of the Legal Agreement and Planning Conditions

 

2.         When signed and the development commenced, the proposed s106 agreement will include provision of the following community benefits at identified stages:

 

·                   Completion of the Kingston access road within 18 months of commencement;

·                   Provision of 30% affordable housing to be transferred to a registered landlord;

·                   Education contributions of £2145 per unit of 2 bedrooms or more;

·                   Public transport contribution of £100,000 (for local bus service access into the East Cowes town centre)

·                   Public art £35,000;

·                   £10,000 environmental mitigation;

·                   Financial contribution of £250,000 for community facilities;

·                   Open space and play area provision (£85,000 for offsite play area provision)

·                   Amenity/open space maintenance;

·                   Nature Conservation management and mitigation (to be overseen by an ecologist)

 

3.         At the time of writing, the s106 agreement is at final draft stages and is shortly to be signed.

 

4.         The proposed conditions outline requirements for information to be submitted prior to commencing identified stages of development (or submission of reserved matter applications).  Attached to this report is a schedule of the proposed planning conditions to be applied to the decision notice.  These have been amended slightly from those recommended to Members on 25 September 2006 to clarify specific information required prior to the commencement of identified phases or elements of the scheme.  Details of housing layout and design and the employment uses will be the subject of further reserved matter planning applications.  Other conditions require specific information or mitigation proposals to be agreed with the Local Planning Authority prior to commencement.  Even though the decision notice and Legal Agreement have yet to be issued, the applicants have submitted a package of information with the aim of meeting the expected planning conditions. Officers are currently evaluating the information and they will update the Committee on their response.  Officers may seek Members’ approval to discharge these conditions if completed on time for the meeting on 22 January.

 

5.         The application as submitted was a hybrid application in that full permission was sought for the access road.  Once the decision notice has been issued, the road could be commenced in advance of the receipt of further reserved matter applications.  Details of road design are nevertheless required to be agreed with the planning authority.

 

6.                  A condition requiring the agreement of a phasing plan for the housing element of the scheme, based on monitoring criteria, was resolved by members to be essential in order to ensure that the Kingston development does not constrain the regeneration of East Cowes.  The phasing scheme will need to be agreed with the local Planning Authority prior to the commencement of the housing phases.  Officers consider it appropriate that other elements of the scheme could proceed (subject to the appropriate conditions being met) in advance of the phasing plan being agreed, such as the access road.  Officers will report the proposed phasing plan to a future Development Control Committee for approval.

 

7.                  The commencement of the access road could enable excavated material to be used for the bunding separating the development from the nature conservation areas (subject to ground investigation conditions being met).  Confirmation of acceptance of this approach from Natural England (formerly English Nature) is being sought prior to the meeting on 23 January.  Officers will update members on their response.

 

 

RECOMMENDATIONS

 

It is recommended that members agree the proposed conditions (Appendix 1) to be applied to the planning permission for Kingston.

 

 

Contact Point :            Mr P Salmon, Development Team Manager  ( (01983) 823552

 

 

BILL MURPHY

Head of Planning Services