To notify the Chairman of any items that appear later in the agenda in which you may have an interest.

No declarations of interest were received.

To confirm as a correct record the Minutes of the meeting held on 17^th August 2007

The Minutes of the meeting held on 17^th August, 2007 were confirmed as a correct record and signed by the Chair.

To consider the attached schedule of applications, which are to be determined by this Council.

Consideration was given to a schedule of applications for consent to develop.  (For copy see file of Minutes).

In respect of Application No : 1 - Erection of 33 No. dwellings (Outline Application) - Land West of Gladstone Terrace, Ferryhill - Hellens Developments - Plan Ref : 7/2007/0227/DM - it was explained that outline permission was being sought for development of land to the west of Gladstone Terrace.  The site was located within the residential framework of Ferryhill and following negotiations with the applicant’s agent, information had been received to address officers concerns about the indicative details. Ecological and Geotechnical reports formed part of the application.

It was noted that the applicant’s agent had expressed concerns regarding how the conclusion in relation to affordable housing had been reached.  The Affordable Housing statistical analysis was outlined in the report suggesting that it should be provided at 20%.  It was explained that a number of developers had accepted this form of analysis without question.  The issue of Affordable Housing was the cornerstone of planning considerations. The proposed development, as it was for 33 residential units, exceeded the size  threshold of 15 dwellings as defined in PPS3, requiring Affordable Housing to be provided if a need could be demonstrated.  The Committee was also familiar with the use of Section 106 Agreements to secure aspects of a development that cannot be adequately dealt with by condition alone. The Committee was informed that officers were suggesting an amendment in respect of Recommendation 2 to include the payment of commuted sums and the submission of a management plan for the maintenance and management of open space, to read as follows :-

                  “The Head of Planning Services be given authority, in consultation with the Borough Solicitor, to issue a conditional planning approval in exchange for a Section 106 Legal Agreement in order to ensure that the proposal delivers a minimum of 20% affordable housing, the payment of a commuted sum of £500 per dwelling across the entire scheme in lieu of the shortfall in open space provision within the application site, and the submission of a management plan for the future management and maintenance of areas of open space including equipped play areas”.

It was explained that Mr. Peter Clark, a neighbouring resident, was present at the meeting to outline his concerns with the development.  He explained that he considered the development was not in keeping with the surrounding dwellings and he considered consistency was needed.  To build flats in the location of detached  high quality housing would not be in keeping with the surrounding area.  He pointed out that flats had had to be demolished because of social problems.  Any development should be high quality and of similar density to existing dwellings in the area.  In response it was explained that this was an outline application and the mix of development on the site would be the subject of a further application and determined at a future meeting.

Scott Munroe from Ward Hadaway, the applicant’s agents, was present at the meeting to discuss the application.  He explained that the composition and types of properties would be the subject of another application as this was merely an outline application.  He explained that developers developed properties which would sell on the market.  Clarification was sought regarding “affordability” and the need to consider affordability at the timewhen the site was to be developed.  It was suggested that affordability would be the subject of further consultation.

RESOLVED :         1.         That in respect of Application No : 1 -  Erection of 33 No. dwellings (Outline Application) - Land West of Gladstone Terrace, Ferryhill - Hellens Developments - Plan Ref : 7/2007/0227/DM - the recommendation detailed in the schedule be adopted subject to Recommendation 2 being amended to read as follows:-

                              “The Head of Planning Services be given authority, in consultation with the Borough Solicitor, to issue a conditional planning approval in exchange for a Section 106 Legal Agreement in order to ensure that the proposal delivers a minimum of 20% affordable housing, the payment of a commuted sum of £500 per dwelling across the entire scheme in lieu of the shortfall in open space provision within the application site, and the submission of a management plan for the future management and maintenance of areas of open space including equipped play areas”.

                           2.         In respect of the remaining application the recommendation detailed in the schedule be adopted.

A schedule of applications, which have been determined by Officers by virtue of their delegated powers, is attached for information

Consideration was given to a schedule of applications which had been determined by officers by virtue of their delegated powers.  (For copy see file of Minutes).

RESOLVED :   That the schedule be received.

A schedule of appeals outstanding up to 5^th September 2007 is attached for information.

Consideration was given to a schedule of appeals outstanding upto 4^th September, 2007.  (For copy see file of Minutes).

RESOLVED :   That the schedule be received.

RESOLVED:             That in accordance with Section 100(a)(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1and 7 of Part 1 of  Schedule 12a of the Act.

To consider the attached schedule of alleged breaches of planning control and action taken.

Consideration was given to a schedule of alleged breaches of planning control and resultant action taken. (For copy see file of Minutes).

RESOLVED :   That the schedule be received.