Agenda and minutes

Apologies for absence were received from Councillors Bill Hartnett and Gareth Prosser.  Councillor Joe Baker attended as substitute for Councillor Hartnett, and Councillor Craig Warhurst attended as substitute for Councillor Gareth Prosser.

To invite Councillors to declare any Disclosable Pecuniary Interests and / or Other Disclosable Interests they may have in items on the agenda, and to confirm the nature of those interests.

In relation to agenda item 5 Councillor Craig Warhurst declared an Other Disclosable Interest in that he was the portfolio holder with responsibility for housing and that the application was being made by Redditch Borough Council.  Councillor Warhurst left the room during consideration of this application and took no part in the debate or vote.

In relation to agenda items 7 and 8 Councillor Craig Warhurst declared an Other Disclosable Interest in that he was a member of the board for Redditch Co-operative Homes (a division of Accord Housing Association). Councillor Warhurst left the room during consideration of these items and took no part in the debate or vote.

In relation to agenda item 10 Councillor Anthony Lovell declared an Other Disclosable Interest in that he had previously expressed views regarding the scheme. Councillor Lovell left the room during consideration of this item took no part in the debate or vote for agenda item 10.

RESOLVED that

The Minutes of the Planning Committee held on 13^th November 2019 be confirmed as a correct record and signed by the Chair.

Please see Update Report attached.

The Update Report was noted.

Site Plan

Outline application for the construction of one 3 bedroomed dwelling

Officers presented the report and explained the application which was for the construction of one three bedroomed dwelling on a plot of Council owned land located at the end of a culd-de sac adjacent to 34 Badger Close.

There were no public speakers.

RESOLVED that

having regard to the development plan and to all other material

considerations, planning permission be granted subject to the conditions set out on pages 14 to 16 of the main agenda.

[In relation to this agenda item Councillor Craig Warhurst declared an Other Disclosable Interest in that he was the portfolio holder with responsibility for housing and that the application was being made by Redditch Borough Council.  Councillor Warhurst left the meeting and took no part in the debate or vote.]

Site Plan

Proposed two bedroom dwelling and associated landscaping and services

Officers presented the report and outlined the application for the construction of a two storey two bedroomed dwelling which would be attached to the side of number 10 Sandygate Close to create a terrace of four dwellings.  Officers described the proposed dwelling with reference to design, appearance and amenity.

No neighbour objections had been received and the only statutory consultee to raise an objection had been the Highways Authority.  This was on the basis that the plans did not provide any off street parking.  Officers explained that due to the position of the proposed dwelling at the end of three existing terraced properties, there was no ability for parking spaces to be included and that there were no parking spaces currently for the three existing dwellings.

Members were advised that there were good links to public transport in close vicinity to the application site.   In addition, there were several areas of unallocated parking spaces on Sandygate Close providing approximately 21 parking spaces; it was estimated that of the 40 properties on Sandygate Close that 30 of them had their own off street parking.

Officers believed that there was capacity for off street parking at Sandygate Close notwithstanding the objection from the Highways Authority. On balance, Officers considered that the proposal would not result in significant highway safety concerns.

There were no public speakers.

RESOLVED that

having regard to the development plan and to all other material

considerations, planning permission be granted subject to the conditions and informatives set out on pages 20 to 21 of the main agenda.

Site Plan

Demolition of Redditch Trades and Labour Club and erection of 40 units, 26 No.1 bedroom flats and 14 No 2 bedroom flats

Officers reminded Members that planning permission for the scheme had been granted on 17^th July 2019 subject to a section 106 agreement to secure the contributions as set out on page 23 of the agenda.

Members were being requested to approve changes to the section 106 agreement to reflect a change of tenure for the scheme.  The original proposal would have resulted in the construction of 34 market units and 6 affordable housing units.  A housing association (Accord Housing) would now be acting as the developer to build out the scheme and had requested a change in tenure to 100% affordable rent and for the contributions to be reduced to zero.

A viability assessment had been submitted by the developer and assessed by the Council’s appointed expert advisor.  The Council had been advised to accept the arguments raised by the developer as to proof of non-viability.

The recommendation therefore was for the section 106 agreement to be amended to remove the references to the contributions and to require the developer to provide 40 affordable rent units in perpetuity.

During the debate Members referred to the loss of contributions to the Council, including the £5k which would have gone towards the provision of domestic and recycling bins.  However, it was noted that this needed to be balanced against advantages from the supply of 40 affordable rented units located in the town centre.

RESOLVED that

The Section 106 agreement for Application 2016/024 be varied as follows:-

1.     To delete the wording at criteria 1 to 3 regarding contributions to be paid to the Council towards provision of waste and recycling bins and the enhancement of open space areas locally and the Town Centre.

2.     To amend the wording at criteria 4 to read:- “ 40 No. Affordable housing units (26 No.1 bed units and 14 No. 2 bed units) to be affordable rent in perpetuity”.

[In relation to this agenda item Councillor Craig Warhurst declared an Other Disclosable Interest in that he was a member of the board for Redditch Co-operative Homes (a division of Accord Housing Association). Councillor Warhurst left the room during consideration of this item and took no part in the debate or vote.]

Site Plan

Outline application for the demolition of redundant factory and erection of up to 75 residential units (matter of scale to be considered under application)

Officers explained that planning permission for the scheme had been granted on 10^th April 2019 subject to a section 106 agreement to secure the contributions as set out on page 45 on the agenda.

Members were being requested to approve changes to the section 106 agreement to reflect a change of tenure for the scheme.  The original proposal would have resulted in the construction of 75 residential units as 100% open market housing. However, since the permission had been granted Accord Housing Association (the developer) had acquired the site from the original applicant (Birgan Ltd) and was proposing to change the tenure to 100% affordable rent.

In light of this change Accord Housing were requesting that all the commuted sums contained in the original section 106 agreement be reduced to zero, and in support of this they had submitted a Viability Assessment.  That assessment had been considered by the Council’s appointed expert who had advised that the Council accept the arguments raised by the developer as to non-viability.

It was noted that had the scheme been 100% affordable rent from the outset Worcestershire County Council would not have sought a contribution towards education.

During the debate Members noted that the circumstances were very similar to the previous matter they had discussed and referred to the loss of contributions to the Borough Council including circa 7k which would have gone towards the provision of domestic and recycling bins.  However, it was noted that the viability arguments had to be given weight in the circumstances and that the revised scheme would result in the delivery of 75 units for affordable rent.

RESOLVED that

The Section 106 agreement for Application 18/0151/OUT be varied as follows:-

1.     To delete the wording at criteria 1 to 4 regarding contributions to be paid to Redditch Borough Council towards the enhancement of open space areas locally and the provision of waste and recycling bins, and contributions to be paid to Worcestershire County Council towards education infrastructure, localised improvements to the cycle network and for personal travel planning.

2.     To insert a new criteria 1A to read as follows:- “All housing units to be provided as affordable rent in perpetuity”.

[In relation to this agenda item Councillor Craig Warhurst declared an Other Disclosable Interest in that he was a member of the board for Redditch Co-operative Homes (a division of Accord Housing Association). Councillor Warhurst left the room during consideration of this item and took no part in the debate or vote.]

Site Plan

Members were advised that this matter had been withdrawn from the agenda to enable your officers more time to consider affordable housing and the wider implication of the scheme in terms of construction and access by all modes.

Report and appendices attached - please note that there is no public speaking on this item.

Application for s96a for a non-material amendment to conditions 29 and 30 of 18/01626/S73

Details pursuant to conditions 29 and 32 of 18/01626/S73

Members were reminded that at the meeting of the Planning Committee on 18^th March 2019 they had requested that the details of 9 of the conditions be reported back to them for approval.

Officers were now in a position to report back on conditions 29 and 32.  In addition Members were being asked to approve an application under section 96a for amendments to be made to the wording of conditions 29 and 30.  Officers advised that although in the committee report the amendments were referred to as a “minor material amendments”, they were in fact defined as “non-material amendments”, being clarification of the wording of paragraphs 29 and 30 to reflect the phased approach to the scheme.

With regard to conditions 29 and 32 Members were referred to the details set out in the report.  It was noted that there were no objections from the statutory consultees.

RESOLVED that

1.     The proposed changes to the wording of conditions 29 and 30 as set out on pages 84 and 85 of the agenda be accepted as non-material amendments.

2.     The details submitted pursuant to conditions:

29. Flood Mitigation Scheme

32. Site investigation / Land Contamination

Be approved as acceptable in so far as they relate to Phase 1 of the development (northern parcel).

[In relation to this agenda item Councillor Anthony Lovell declared an Other Disclosable Interest in that he had previously expressed views regarding the scheme. Councillor Lovell left the room during consideration of this item and took no part in the debate or vote.]

Members considered the contents of the report on Appeal outcomes and the data set out in the Appendix on page 93.

RESOLVED THAT

the contents of the report be noted.