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Agenda item

Golf Course update report ref:0471/2019

(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)


Planning Considerations


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) for larger family sized homes, therefore resulting in a likely increase in the demand for school places.


In regards to the CIL contribution sought, this reflects an update in Policy since the original decision on the outline application was made. The Council now have an adopted CIL charging schedule and on the basis of this, the referenced contribution is sought.


The contributions sought within this update note would only relate to this application and would not be in addition to the contributions secured via the outline S106 agreement. The applicant would have the choice over which consent to implement, however developer contributions would be necessary regardless of whether the original Reserved Matters consent, or this application was to be implemented.


This full application would be subject to a separate S106 agreement to secure the developer contributions identified.

As previously mentioned, there have been no amendments to the proposed development since the application was last brought before Planning Committee, the only matter to consider is that concerning developer contributions/obligations.


In this case it is considered that the contributions requested would meet the identified tests and therefore can be secured by way of a legal agreement. The proposal is thus compliant with policy IM1 of the Local Plan and the section 106 guidance.




On the basis of the content of the appraisal (as set out within the report at appendix 1), the submitted application documents, suggested conditions and planning obligations it is considered that the development would be acceptable and in accordance with the adopted Tamworth Local Plan 2006-2031 and the National Planning Policy Framework 2019 (as amended).



That Committee,



Granted delegated authority to the Assistant Director - Growth and Regeneration to conclude negotiations on and complete an agreement under section 106 of the Town and Country Planning Act 1990 so to secure the planning obligations outlined in this report; and




Subject to A, Approved the application subject to the condition(s) as outlined within the main report at appendix 1 which are outlined below



Conditions / Reasons




The development shall be started within three years of the date of this permission.


Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004



The development hereby approved shall only be carried out in accordance with the following drawings and documents.



Location Plan


Finished Floor Levels




Site Plan


Coloured Site Plan


Street Scenes






Floor Plans and Elevations

House Types B18;C16;C20;C21;D1;D2;D3;E1;E2


Reason: To define this permission



Prior to the occupation of any permitted dwelling the parking and turning areas for that dwelling shall be provided. The parking and turning areas shall thereafter be retained at all times for their designated purposes.


Reason: In the interests of Highway Safety as recommended by the Highway Authority in accordance with Policies EN5 and SU2 of the Tamworth Local Plan 2006-2031



All planting, seeding or turfing comprised in the approved details of landscaping and boundary treatment approved shall be carried out in the first planting and seeding season following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants

which within a period of 5 years from the completion of the development die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless the Local Planning Authority gives written consent to any variation.


Reason: In the interests of the setting and visual appearance of the development, and in accordance with Policy EN5 Tamworth Local Plan 2006-2031.



Notwithstanding the provisions of Class A of Schedule 2 Part 2 of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking or re-enacting that Order), no walls, fences or other means of enclosure shall be erected forward of the principal elevations of dwellings, or boundary walls or fences to those dwellings, except as authorised under the submitted application, without the prior grant of planning permission on an application made in that regard to the Local Planning Authority.


Reason: In order to maintain the character of streets and public spaces as secured under the plans hereby approved in accordance with Policy EN5 Tamworth Local Plan 2006-2031.



Notwithstanding the provisions of Class A,B,C,D and E of Schedule 2 Part 1 of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking or re-enacting that Order), the garages indicated on the approved plans shall be retained for the parking of motor vehicles and cycles. They shall at no time be converted to living accommodation without the prior express permission of the Local Planning Authority.


Reason: In the interests of Highway Safety as recommended by the Highway Authority in accordance with Policies EN5 and SU2 of the Tamworth Local Plan 2006-20


(Moved by Councillor M Summers and seconded by Councillor M Oates)


Supporting documents: