RESOLVED:             (1)     That having regard to the above application, that the applicant enters into a Section 106 Agreement to:

(i)  Provide a minimum of 20% of the units as affordable housing with the type of units, location within the site and affordable tenure to be agreed by the Council in accordance with Policy COM5 and SPG13;

(ii) Provide a financial contribution of £115,669 towards the provision of 5

secondary school places and 1 Post-16 place in accordance with  SPG16;

(iii) Provide a contribution in the sum of £9,500 to fund legal traffic regulation

 orders, roadmarkings and signage in the vicinity of the site; and,

(iv) Operate the Health Care Centre in accordance with a Travel Plan and a

Parking Management Plan (including a commitment to provide/fund 24 public car parking passes for Healthcare Centre staff) to be agreed in writing by the Local Planning Authority.

                              (2)        That the Corporate Director Communities be given delegated powers to issue a decision notice granting consent in respect of this proposal, once the applicant has entered into the aforementioned Section 106 Agreement, subject to the Conditions contained in his report.

Proposal

Development of 59 dwellings, Healthcare Centre and associated works, inc. Access, Landscaping and Car Parking.

Subject to the following further/amended Conditions:-

46. A 1.8m overboarded close boarded fence or equivalent barrier shall be erected around the gardens facing Glan-y-Parc Road and the gardens of the north terrace properties as shown on the submitted drawing SWV ASL 00 XX DR L0005 and L0006. The barrier shall be a minimum of 10kg/m2 mass per unit area, have no gaps and shall be imperforate, rot proof and vermin proof and able to withstand wind forces. The design details of the barrier shall be submitted to the Local Planning Authority for approval prior

to the development being brought into beneficial use and shall be agreed in writing. The design shall be implemented as agreed and the barrier shall be maintained and retained in perpetuity.

Reasons: In the interests of residential amenity.

Condition 40. should be reworded as follows:-

40. Prior to any above ground development works associated with the proposal, the applicant is required to develop a scheme of mitigation measures associated with the proposal. To inform the level of mitigation required an updated air quality assessment shall consider the impacts of NO2 & PM10 and look to include most recent receptors locations monitored by the Council. The assessment shall calculate the value of mitigation required following Defra’s damage cost approach. The cost of mitigation

implemented by the applicant should broadly equate to the calculated value. The scheme shall also include a timetable for the implementation of these approved mitigation measures. The air quality assessment and mitigation scheme will need to be submitted and approved by the Local Planning Authority.

Further to the site visit yesterday and the Development Control Committee pre-meeting today, the Highways Officer has requested the following additional Conditions to fully address the highway considerations of the scheme:-

47. A “Private Road” sign shall be erected at the entrances to the development from Glan y Parc and Sunnyside Road in accordance with details to be agreed with the Local Planning Authority before any dwelling served by the road concerned is brought into beneficial use. The sign shall then be retained as approved in perpetuity.

Reason: For the avoidance of doubt as to the basis of permission hereby granted and to prevent highway rights becoming established.

48. No development shall commence until a scheme for the provision of a vehicular turning area in the vicinity of North Terrace / Ty’r Ardd Registry Office has been submitted to and approved in writing by the Local Planning Authority. The turning area shall be implemented in permanent materials before the development is brought into beneficial use and retained for the purposes of turning in perpetuity.

Reason: In the interests of highway safety.