Agenda item

KENTON - 19/00920/FUL - Chi Restaurant And Bar, Fore Street - Conversion of restaurant, bar and guest rooms to nine self-contained apartments together with provision of amenity space and parking

Minutes:

The Senior Planning Officer made the following comments:

·      An amendment to the recommendation to include an education contribution of £3,211 within the s106 in line with the comments received from Devon County Council education department. 

·      The proposal seeks to convert an existing restaurant/bar and guestroom to 9 flats. A virtually identical scheme was refused under delegated powers in July 2018 and an appeal was subsequently dismissed in March 2019. The single reason for the dismissal of the appeal was on the grounds of a lack of an affordable housing contribution.

·      The current application would provide the previously requested affordable housing contribution of £75,884 via a s106 agreement. This figure includes a discounted rate from Policy WE2 in the Local Plan following consideration of national guidance which seeks to ensure that affordable housing contributions do not disproportionately burden small scale developers. This figure was not challenged as unreasonable or contrary to policy in the inspector decision of March 2019 and it is therefore considered reasonable to re-request this amount.

·      It is recommended that the s106 will include a requirement to pay an indexed linked offsite affordable housing contribution providing the Council with funds to support the delivery of suitable alternative affordable housing in perpetuity. The Housing Enabling Officer advises the funds should be held for a maximum period of 10 years to enable a suitable opportunity to be found within the parish of Kenton, the funds only cascading out into neighbouring parishes and beyond once all eventualities have been exhausted within the parish of Kenton. This will ensure that Kenton benefits from the contribution.

·      The proposal will provide 15 on-site parking spaces. Devon County Council Highways have confirmed there is no objection to this provision as trip calculations show that the existing trips generated by the existing use would result in more trips than the proposed use. Since the appeal decision received in March 2019 the Kenton Neighbourhood Plan has been submitted for its regulation 16 consultation and therefore limited weight should be given to this plan.  Policy K T2 in the plan would require 20 parking spaces to serve the proposal however the policy notes that if standards are to be provided below this requirement the justification should consider if the site is located in an accessible location, the proximity to and availability of public transport and the type and mix of development. In this instance considering the existing use, and the assessable location in close proximity to a bus stop the parking provision is considered to be adequate and not contrary to the requirements of the neighbourhood plan.

·      There are not considered to be any other material changes in policy since the March 2019 appeal decision.

 

Public speaker, objector – the Parish Council objects to the application; concern that the off-site affordable housing would not provide the much needed affordable housing in Kenton; paragraph 3.17 of the report circulated with the agenda is incorrect in stating that the Dolphin Inn is an outlet for food; 15 off-street parking spaces is inadequate. Policy KT2 states 20 parking spaces; loss of employment opportunity. The business currently employs a number of young people; it is contrary to the Neighbourhood Plan, and it is disappointing that only limited weight has been given to the Plan.

 

The Chairman reported on the views of the Ward Member who was unable to attend the meeting, which included a lack of off-street parking spaces when the Neighbourhood Plan has identified 20 spaces; the affordable housing contribution is welcomed and should be retained for 10 years to ensure it is used for the intended purpose; and could the local school transport contribution of be conditioned to secure this contribution.

 

The Committee were advised that: there is a requirement for the affordable housing funds to be retained for 10 years; and the Kenton Neighbourhood Plan has been submitted to the Council for its regulation 16 consultation. Therefore whilst the Kenton Neighbourhood Plan is a material consideration, it can only be given limited weight in the decision making process.  

 

Comments made by Councillors included concern that a contribution for off-site housing was being requested when affordable housing was required for the community; and loss of employment.

 

It was proposed by Councillor Bullivant, seconded by Councillor Haines and

 

Resolved

 

Subject to: the completion of a Section 106 agreement for an Affordable Housing contribution of £75,884, an education transport contribution of £3,211.00; and a Habitat Regulations contribution of £7,200,

 

Permission be granted subject to the following conditions:

1. Standard 3 year time limit for commencement of development;

2. In accordance with approved plans;

3. Construction Management Plan to be agreed prior to development commencing;

4. Details of how the proposed parking will be allocated to the 9 flats and the parking must be provided prior to initial occupation and thereafter be permanently retained;

5. Detailed design of cycle storage to be approved and to be provided prior to initial occupation and thereafter maintained and retained;

6. Prior to first occupation, full details of hard and soft landscaping works for the communal garden areas and any associated external lighting, including an implementation and management plan which shall be submitted and approved and implemented in accordance with approved details;

7. Detailed design of surface water drainage management system to be agreed prior to first occupation;

8. Prior to fist occupation, the bin storage area shall be provided, including the erection of a 1.5m high timber fence around all of its boundaries and thereafter retained.

(9 votes for, 5 against and 2 abstentions)

 

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