(Report of the Assistant Director Growth and Regeneration)
Application no: 0471/2019 - Update Note
Development: Erection of 13 new dwellings (re-plan of previously approved Phase 3 development 0129/2018)
Location: Former Municipal Golf Course, Eagle Drive, Amington, Tamworth, B77 4EG
Update Note: 0471/2019 (re-plan of the Golf Course SUE)
Application 0471/2019 was originally considered by the Planning Committee on the 9th June 2020. During this meeting it was resolved to approve the application subject to the recommended conditions and a legal agreement to tie the application (0471/2019) to the original outline planning approval for the wider site (0088/2015). The purpose of the suggested legal agreement was to ensure that the original developer contributions sought would be applicable to the current scheme. However, as this application comprises of a new, full planning application for the erection of N.13 dwellings, it must be assessed as such. There are no provisions available to secure developer contributions relating to a historic application, to be tied to a new planning application on the same site. Furthermore, during the intervening period between the original outline application and the application subject of this report, there have been various changes in planning policy, which may have altered the level/type of contributions sought.
On account of this, it has been necessary to undertake a re-consultation and re-assessment of this planning application, to determine the required level of developer contributions.
This update note should be read in conjunction with the main report and recommended conditions (appendix 1)
The detailed planning considerations applicable to this application have been previously considered, as set out within the main report at appendix 1 and have been resolved as acceptable. The only consideration to be updated within this report is that of Developer Contributions.
Developer Contributions and Obligations
Policy IM1 of the LP states that planning permission will only be granted if it is supported by appropriate infrastructure at a timely stage. The Policy continues, identifying when specific contributions will be requested, what is required across the Borough and how funds will be spent. The Policy also outlines criteria (a – g) which identify strategic infrastructure requirements.
When considering whether or not to request a developer contribution there are applicable legal tests which must be met, identifying the circumstances in which a s106 agreement can be utilised. These tests are set out in regulations 122 and 123 of the Community Infrastructure Levy (CIL) Regulations 2010, as amended (and within paragraph 56 of the NPPF).
The contributions sought must address the specific impacts brought about by the new development. To ensure this, contribution requests must meet the following tests, they must be:
Necessary to make the development acceptable in planning terms
Directly related to the development; and
Fairly and reasonably related in scale and kind to the development.
All consultees have been re-consulted to determine whether any additional developer contributions/obligations would be necessary. Based on the re-consultation, the following developer contributions have been requested:-
Schools Organisation contribution – £54,743.52
CIL – circa £67,000 (based on £35 per sqm)
The Education request has been justified on the basis of the changed size of the dwellings proposed, in that this application has substituted the smaller flats (approved under the original outlie application) ... view the full minutes text for item 21