Previous Reference: Minute 88 (2018/19)

The Assistant Director - Planning, Transportation and Highways will present Document “C” which relates to a full planning application for the construction of 17 dwellings and an access road on Land to the North of 79-111 Sapgate Lane, Thornton, Bradford - 18/03975MAF

The Committee previously resolved to grant outline planning permission for this development on 7 March 2019 subject to conditions and a Section 106 Legal Agreement.

Recommended –

(1)       That the application be approved for the reason and subject to the conditions set out in the Assistant Director - Planning, Transportation and Highways’ technical report.

(2)       That the grant of planning permission be subject also to the completion of a legal planning obligation under Section 106 of the Town and Country Planning Act 1990, or such other lawful mechanism for securing the heads of terms as may be agreed in consultation with the City Solicitor, in respect of securing a contribution of £50,000 to be used for the provision of off-site affordable housing in Thornton and Allerton ward, or an adjacent ward.

The legal planning obligation to contain such other ancillary provisions as the Assistant Director – Planning, Transportation and Highways (after consultation with the City Solicitor) considers appropriate.

(John Eyles – 01274 434380)

Previous Reference: Minute 88 (2018/19)

The Assistant Director - Planning, Transportation and Highways presented Document “C” which related to a full planning application for the construction of 17 dwellings and an access road on Land to the North of 79-111 Sapgate Lane, Thornton, Bradford - 18/03975MAF

The Committee had previously resolved to grant outline planning permission for this development on 7 March 2019 subject to conditions and a Section 106 Legal Agreement to secure £50,000 for the provision of off-site affordable housing. 

The Assistant Director - Planning, Transportation and Highways reported that the layout had been designed with privacy for the existing dwellings in mind.  He explained that there were significant changes in levels on the site and the application had been considered in all aspects.  Following the decision made in March 2019 the applicant had approached the Council in relation to the Section 106 Agreement, as they had undertaken viability studies, and submitted a detailed appraisal.  Independent consultants, on behalf of the Council, had reviewed the work carried out and resolved that if the site was to be developed without the provision of affordable housing a contribution of £50,000 could be reasonably justified.  The Assistant Director - Planning, Transportation and Highways then recommended the application for approval.

The applicant’s agent was present at the meeting and made the following comments:

·         He supported the officer’s report.

·         The site was problematic.

·         The developer was waiting to start work on the site.

·         The developer was a local company and had a local workforce.

·         Consultants had been appointed in March to look at the viability of the proposal.

·         The Council’s willingness to discuss viability issues was welcomed.

·         It was accepted that there would be abnormal costs involved in the development of the site.

·         The developer did not have the buying power associated with the major housing developers.

·         A Section 106 Agreement would be completed and the applicant would accept a trigger point of 10 dwellings to make the payment.

During the discussion, the Chair acknowledged that the viability issue had been considered and detailed discussions had been undertaken.  He stated that it was a difficult site and appreciated the time taken to ensure that the development was progressed.

Resolved –

(1)       That the application be approved for the reason and subject to the conditions set out in the Assistant Director - Planning, Transportation and Highways’ technical report.

(2)       That the grant of planning permission be subject also to the completion of a legal planning obligation under Section 106 of the Town and Country Planning Act 1990, or such other lawful mechanism for securing the heads of terms as may be agreed in consultation with the City Solicitor, in respect of securing a contribution of £50,000 to be used for the provision of off-site affordable housing in Thornton and Allerton ward, or an adjacent ward.

The legal planning obligation to contain such other ancillary provisions as the Assistant Director – Planning, Transportation and Highways (after consultation with the City Solicitor) considers appropriate.

ACTION: Assistant Director - Planning, Transportation and Highways