Agenda item

Report of the Executive Director (Public Protection, Planning and Governance).

The report of the Executive Director (Public Protection, Planning and Governance) setting out the application seeking planning permission for the change of use from B1(a) office to C3 residential, construction of roof and side extensions, creation of 43 residential apartments and cycle storage compound.

Officers had concluded that the additional condition that the committee sought to impose would not meet the relevant tests of planning conditions as set out in the National Planning Policy Framework.

Whilst the intention behind imposing the condition was clearly understood, matters to do with the combustibility of the materials to be used should be dealt with under the Building Regulations. The National Planning Practice Guidance states specifically that “conditions requiring compliance with other regulatory regimes will not meet the test of necessity and may not be relevant to planning”.

The Committee was advised that the architect for this scheme had confirmed in writing that the scheme will specify what are called Materials of Limited Combustibility for all elements of the cladding system. The definition of these materials is stated in Approved Document Part B2 of the Building Regulations and the architect has stated that Building Control will be provided with these details for approval in due course. It was felt that this re-enforced that this matter can be adequately controlled under those regulations.

Members recalled that the application had been reported to the Development Management Committee on 19 July 2017.  At that meeting Members resolved to approve the application subject to relevant amendments which had been reported to Members, the inclusion of an additional condition and a signed S106 agreement.

Members were aware that an additional condition was requested by the Committee, which required the applicant to submit details to demonstrate that the materials used in the proposed development were fire retardant.  However, following discussions with the Council’s legal department, it was considered that such a condition would not meet the tests as stated within the National Planning Policy Framework (NPPF) and therefore could not be enforced by the planning service.  The NPPF sets out at paragraph 206 that “planning conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other aspects”.

Whilst the motivations surrounding fire safety were acknowledged and understood, it was considered that this fell within the remit of building control and would be dealt with as a requirement of the Building Regulations. Therefore the suggested condition was not considered to be relevant to planning, in the terms of the NPPF and was not enforceable as the basis for considering such a condition would be the Building Regulations.  Therefore it was recommended that this matter should not be conditioned as part of the planning application.

Members noted that the remainder of the report had been revised in line with the updates and amendments that had been reported and approved at the last meeting of the Committee.  This included the paragraph within the ‘Highway and Parking matters’ section and amendments to conditions 9 and 10.

A comment was made in respect of the Building Regulation having failed elsewhere in terms of fire safety and that it was felt that the Council should be able to seek to control these matters through the planning system.  It was noted the Building Regulations would be updated shortly.

The application was therefore recommended for approval subject to a S106 Agreement and the same conditions as previously stated, with the inclusion of those changes to conditions 9 and 10.

Tom Akehurst (Agent) spoke in support of the application.

It was proposed by Councillor P.Zukowskyj, seconded by Councillor K.Holman and

RESOLVED:

(unanimous)

That planning permission be approved for application 6/2016/2624/FULL subject to the conditions set out in the report of the Executive Director (Public Protection, Planning and Governance) and completion of a S106 Agreement on or before 1st December 2017.