Agenda item

Modification of a planning obligation dated 01/05/2019 relating to planning permission WD/D/17/000986 - Outline application for the development of up to 760 dwellings, 60 unit care home (Use Class C2), 4 hectares of land for employment (Use Classes B1, B2, B8), mixed use local centre (Use Classes A1, A2, A3, A4, A5, B1, C3 and D1), primary school and associated playing fields (Use Class D1), areas of public open space and allotments, drainage works, the formation of new vehicular accesses to West Road and the formation of new pedestrian and cycle links - to modify occupation of dwelling restriction regarding completion of the Miles Cross junction works.

The Lead Project Officer presented the draft plans of the roundabout to the committee, and the proposal was explained in relation to an application to alter a condition to allow dwellings to be occupied prior to the construction of the roundabout. Members were advised that a legal restriction currently prevented any occupation of the dwellings until the roundabout had been completed.

It was explained that the applicant fully intended to construct the roundabout but sought a variation to the legal agreement to allow 109 of the houses to be occupied beforehand.

It was noted that the restriction had been imposed at the outline planning permission stage. National Highways were identified as the principal consultee, and both National Highways and Dorset Council Highways had been consulted on the application. They advised that up to 109 dwellings could be safely occupied before the roundabout was completed.

The wording of the relevant clause within the legal agreement was displayed and the proposed change was described as an amendment to allow occupation of no more than 109 dwellings before the completion of the Miles Cross roundabout. A breakdown of the 109 dwellings was provided, showing that 76 of them would be affordable homes. Dorset Highways raised no objection to the proposed level of early occupation.

Mr Bates and Cllr Hartman, Symondsbury Parish Council, spoke in opposition to the application. They raised concerns about the delay of the construction of the Miles Cross Roundabout and the potential public safety implications of occupying dwellings before the work was completed. They also noted that the public benefit of the application was limited and that there was concerns from local residents and the Parish Council.

Mr Hawkins, representing the applicant and Mr Winchester spoke in support of the application. They noted that 76 of the 109 homes that would be occupied would be affordable homes and so there was a clear benefit in addressing the housing shortage in Dorset and that no material harm would be caused by the application.

In response to members questions the Lead Project Officer and Development Team Leader explained that the roundabout would likely take 9 months to complete given the size of the project and that National Highways had identified a window in which the work could be carried out.

Members had the opportunity to debate the merits of the application. Members noted the concerns raised by the local residents and the Parish Council about the delay in completing the roundabout, however also understood that the advice provided by National Highways and Dorset Council Highways was that 109 dwellings could be safely occupied, while also recognising the benefit of 76 affordable homes.

The Development Management Area Manager clarified that if the applicant breached the planning permission in the future then an enforcement case could be opened against them, however the applicant could choose to make a new application in the future if they wished.

It was proposed by Cllr Bell and seconded by Cllr Northam to grant the application as per the recommendation in the report. 

Decision:

A)    That the application be granted, subject to the completion of a deed of variation of the legal agreement under section 106 of the Town and Country Planning Act 1990 (as amended) in a form to be agreed by the Legal Services manager to secure the following:

· Amendment to the wording of Schedule 3, Part 16, para. 17.2 to read: “Not to permit the Occupation of more than 109 dwellings until the completion of the Miles Cross Junction works.”

B)    Refuse permission for the reason set out in the appendix to these minutes if the agreement is not completed by 30^th April 2026 or such extended time as agreed in writing by the Service Manager for Development Management and Enforcement.