Agenda item

Resolved:     (a)       That, subject to the applicant entering into a Section 106

obligation by no later than 25^th June 2017 , to secure the following:

(i)            a financial contribution to the enhancement and

maintenance of an area of public open space of £219,172 (to be adjusted to reflect both indexation and interest since September 2016) and a travel plan monitoring fee of £2,200.

(ii)           a financial contribution of £50,000 to be used to

fund Resident Parking Zones in the event that it has been demonstrated (through surveys secured by condition) that the development has resulted in on street parking problems.

(iii)          Payment of the capital element of the public open

space and the Resident Parking Zone contributions within 2 weeks of the date of completion of the obligation, and of the maintenance element of the POS contribution on or before occupation of the development or 30 September 2017 (whichever is the earliest).

the application be permitted subject to the undermentioned conditions: -

(i)            Approved plans

(ii)           Materials

(iii)         Occupation to be restricted to students only

(iv)         Landscaping, including details of boundary treatment/security fence, to be carried out in accordance with the approved details.

(v)           Landscape management plan

(vi)         Second residential parking survey of streets to be carried out 12 months after agreed prior to first occupation of the development when fully occupied.

(vii)        Provision of parking, turning areas and pedestrian visibility splays

(viii)       Replacement of disabled parking spaces that will be lost to accommodate the site access.

(ix)         Prior approval of the details of the management of the parking area and measures to prevent occupiers having cars.

(x)           Implementation of Travel Plan

(xi)         Gymnasium, IT suite, cinema room and any other accommodation for the students use only

(xii)        Ground floor glazing to rooms to ensure adequate privacy

(xiii)       Window treatment within the whole building to be in accordance with approved details to ensure consistency of approach

(xiv)       Provision of the security measures set out in the submission, or other measures that have been agreed.

(xv)        Construction hours

(xvi)       Construction Management Plan

(xvii)     Implementation of measures to reduce the impact of noise as set out in the submitted noise assessment.

(xviii)    Prior approval of plant and machinery, including a noise assessment and mitigation measures

(xix)        Submission of an air quality impact assessment and details measures to minimise air pollution before installation of biomass and CHP systems and adherence to approved details for the life of the development.

(xx)         Details of ventilation system to ensure appropriate indoor air quality

(xxi)       Waste storage and collection arrangements

(xxii)     Importation of soil

(xxiii)    Removal of permitted development rights for telecommunication apparatus

(b)  Failing completion, by the date referred to above, of the above planning obligation, that the Head of Planning be given delegated authority to either refuse the application on the grounds that in the absence of a secured planning obligation the public open space needs of the development, the required contributions to sustainable transport measures and potentially to on street parking measures, would not be met; or,  if he considers it appropriate, to extend the period of time within which the obligation can be secured.

(c)   In the event of either planning permission being refused (on the ground set out in (b). above) and the development still continuing beyond the date referred to and/or payment of the monies being delayed notwithstanding completion of the obligation, members resolve that it would be expedient to take enforcement action for the reasons set out in recommendation (b) and that  Legal Services be authorised to issue enforcement or any other notice and to take and institute on behalf of the Council all such action and prosecution proceedings as are authorised by and under the Town and Country Planning Act 1990 to secure payment of the above sums.