AGENDA ITEM 5
BOROUGH OF POOLE
PLANNING COMMITTEE
12th FEBRUARY 2009
ST. JOSEPH’S CONVENT, 37 PARKSTONE ROAD -
DEED OF VARIATION MADE PURSUANT TO SECTION 106 AND SECTION 106A OF THE TOWN AND COUNTRY PLANNING ACT 1990 OF AN AGREEMENT DATED 19th JANUARY 2009: REPORT OF HEAD OF PLANNING DESIGN AND CONTROL SERVICES
1.0Matter for Consideration
1.1To consider the request for a variation to the Legal Agreement (Section 106) attached to St. Joseph’s Convent, 37 Parkstone Road, Poole.
2.0Recommendation
2.1That Members resolve to agree the variation of the Section 106 Agreement on the basis of the changes set out in section 3.3 of this Report.
3.0Background
3.1Planning permission was granted in July 2008 to demolish the existing buildings and erect a 7 storey block of 52 flats and associated amenity space, car and bicycle parking with refuse storage and new vehicular access, subject to a Section 106 agreement. The Agreement secured the following contributions towards heathlands mitigation, recreation facilities and new transportation infrastructure:
“the sum of fifty three thousand four hundred and sixty Pounds (£53,460.00) plus an administrative fee of £1000 to be paid by the Owner towards measures which avoid or mitigate against any adverse effect on the Dorset Heathlands Interim Planning Framework 200-2009
the sum of seventy eight thousand six hundred and twenty four Pounds (£78,624.00) plus an administrative fee of £1000 to be paid by the Owner towards measures nearby recreation facilities in compliance with Policy L17 of the Plan
the sum of fifty six thousand four hundred and eighty four Pounds (£56,484.00) plus an administrative fee of £1000 to be paid by the Owner towards new transportation infrastructure in accordance with Policy T13 of the Local Plan”
3.2These figures were originally calculated on the scheme that was submitted for a block of 54 flats. During the course of the applications’ consideration, the scheme was amended and whilst the number of residential units was reduced to 52, the contributions were not amended accordingly. As such, the completed Section 106 Agreement does not secure the correct level of contributions or administrative fees.
3.3It is therefore requested that these contributions be amended as follows:-
“the sum of fifty three thousand six hundred and twelve Pounds (£53,612.00) plus an administrative fee of £1072.24 to be paid by the Owner towards measures which avoid or mitigate against any adverse effect on the Dorset Heathlands Interim Planning Framework 200-2009
the sum of seventy five thousand seven hundred and twelve Pounds (£75,712.00) plus an administrative fee of £1135.68 to be paid by the Owner towards measures nearby recreation facilities in compliance with Policy L17 of the Plan
the sum of fifty four thousand three hundred and ninety two Pounds (£54,392.00) plus an administrative fee of £1087.84 to be paid by the Owner towards new transportation infrastructure in accordance with Policy T13 of the Local Plan”
3.4Amending these contributions to the correct amounts will ensure that the mitigation measures secured by these contributions are adequate in accordance with adopted planning policies.
3.5These revised figures take account of the retail price index increase that took effect on 1st January 2009.
3.6The Public Art contribution of thirty five thousand (£35,000) and 16 affordable housing units are unaffected by this Deed of Variation.
PETER WATSONHEAD OF PLANNING DESIGN AND CONTROL SERVICES
Background Papers:Planning Files 07/15161/003/F.
Contact Officer: Darryl Howells
Telephone 01202 633347
1