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Planning Applications 15/03039/S106 and CB/15/04953/SECM PDF 111 KB

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Planning Applications 15/03039/S106 and CB/15/04953/SECM PDF 111 KB Item No. BBC APPLICATION 15/03039/S106 NUMBER CBC APPLICATION CB/15/04953/SECM NUMBER LOCATION Wixams Land at former storage depot, Bedford Road, Wilstead, Bedfordshire PROPOSAL Discharge and modifications to the S106 Obligations pursuant to Planning Permissions 99/01645/OUT and MB/99/01694/OUT (as amended by 11/01380/M73 and CB/11/02182/VOC) affecting the following: (i) Community Facilities, (ii) Public Art, (iii) Library Facility, (iv) Employment (Business Incubator Units), and (v) Education. PARISHES Houghton Conquest / Wixams WARDS Houghton Conquest & Haynes / Wilshamstead WARD COUNCILLORS Cllr Mrs Barker (CBC) Cllr Graeme Coombes (BBC) CASE OFFICER Louise Newcombe (CBC) & Jonathan Warner (BBC) EXPIRY DATE 02 March 2016 (CBC) and 08 March 2016 (BBC) APPLICANT JJ Gallagher Ltd & Wixams First Ltd AGENT Barton Willmore REASON FOR Relates to joint legal agreement for the proposed COMMITTEE TO development DETERMINE RECOMMENDED DECISION Modify Planning Obligations SITE The application site includes all land forming the new settlement of Wixams. The Development Brief Area consists of approximately 384 hectares of land with planning permission for 4,500 dwellings, education, retail, employment, leisure and community uses, open spaces and main infrastructure. It is located approximately two miles south of Bedford town centre with the eastern boundary of the settlement is marked by the re- aligned A6 Bedford Road while to the west the boundary is marked by the main rail line and B530 Ampthill Road. The northern section of the settlement is bounded by open land with some existing employment uses while to the south the boundaries are marked by open countryside. The overall masterplan for the settlement consists of 4 villages, each separated by linear parkland. Village 1 is the eastern most village adjacent to the A6 which is now close to completion. Village 2 is centrally located and separated from Village 1 by Greenway B. Village 3 is to the west of Village two and will include the Town Centre. Village 4 is to be located on the western edge of Wixams and to be separated from Village 3 by a Greenway. The site straddles the boundary between Bedford Borough and Central Bedfordshire. BBC CONSULTATION Wixams Parish Council No objection to the proposals with the urgent need for a secondary school as part of the Wixams development is fully recognised. However, support is subject to the following changes :- Incubator units – there should be an obligation for developers of industrial/commercial land within Wixams to consider the inclusion of such units in future development; Library – Gallaghers should be under an obligation to make alternative provision within future community facilities; Public Art – public realm elements in the design codes for villages 2 and 4 and village 3 when this is developed should be fully delivered; Village 2 Lower School – an alternative five acres of education land should be allocated elsewhere within the Wixams development with no overall reduction in land allocated for education. Education (Planning) - No comments received Service Manager (Parks/Open No comments received Spaces/Comm) Library Services The Borough Council does not have the revenue budget provision for a standalone library within Wixams but the opportunity to include a library as part of a wider community offer would be of interest. Economic Development Given the priority of the schools’ delivery and the focus of the secondary school no objection is raised to the proposed variation CBC CONSULTATION Houghton Conquest Parish Council No comments to make Education (School Organisation) No objections to the proposals and Capital Planning Library Services Agrees that there are now alternative ways of providing libraries in a shared building and welcomes this subject to a contribution from the developer of up to £100k to fund the set up of furniture, equipment and IT to allow the required library infrastructure to be provided. Public Art No objections BBC NEIGHBOURS Consultation undertaken – Notification letters sent to 1032 properties within the settlement, advertisement placed in the local newspaper and site notices displayed within Village 1. 2 letters of support received stating that the delivery of the secondary school is critical and funds should be reallocated as set out. 6 letters of objection received with the comments summarised as follows – General – the original plans should be completed and the community projects finished as these are a fundamental part to forming a community; no details on how the applicant is accelerating delivery of funding; lack of detail on costs, change in land values and impact on other planned community facilities; Gallaghers should not be allowed to divert funds from elsewhere and profit from not providing community facilities; lack of clear consultation; figures provided by applicant need to be robust and verified and the Council must secure the best possible deal for residents; lack of financial justification and decision should be deferred until information is available and consulted upon; any savings should be channelled back into other outstanding community projects such as the delivery of the railway station. Education - how will s106 take account of the change to two tier schools; applicant should provide financial implications of co-locating schools on one site and releasing site for residential; no details on specification of schools; concerned two schools on one site will not be large enough with potential traffic problems; will capacities of schools change as a result of locating on one site; Gallaghers should be required to build a secondary school; no information as to whether co-locating schools on one site will reduce build costs; profits from sale of released land should be ploughed back into community project such as railway station and medical centre; Gallaghers should put secondary school contribution towards technical academy; savings for Gallaghers are far in excess of the £2.5m school shortfall. Public Art – no objection subject to land being retained and other public funds sought; agree that public art obligation should be removed to fund school; whilst no objection to loss of public art no information on the financial savings has been provided. Incubator Units – unclear if Northern Expansion Area will include similar sized facilities and if it does not the obligation should remain; agree obligation should be removed to fund school; no information on the cost savings to be achieved from not providing units; unclear what will happen to land if obligation is removed. Library – no objection to removal of obligation but some form of public internet access within a public building should be provided; library will be hub for community; no objection to principle of removal of library but no information on the financial savings has been provided; unclear what will happen to land if obligation is removed. Station – delay in the delivery of the station is significantly disappointing and the applicant should be pressed on the matter and consideration given to including delivery of the station in the renegotiation of the s106. CBC NEIGHBOURS CBC notified 60 properties within and adjacent to the Wixams main settlement area. A site notice was displayed. No neighbour representations received. BBC HISTORY 99/01645/OUT Permitted Built development consisting of building and Subject to S106 engineering works for a mixed use development agreement of residential, employment, retail (A1, A2, A3) leisure and community uses, open space and associated uses together with supporting infrastructure (roads, paths, cycleways, pumping stations, electricity substations), public transport, interchange and car parking. 11/01380/M73 Permitted 99/01645/OUT Built development consisting of Subject to S106 building and engineering works for a mixed use agreement development of residential, employment, retail (A1, A2, A3) leisure and community uses, open space and associated uses together with supporting infrastructure (roads, paths, cycleways, pumping stations, electricity substations), public transport, interchange and car parking (all matters reserved except access). Application for variation of condition 20 (i) restriction on floorspace of foodstore. CBC HISTORY MB/99/01694/OUT Approved Outline: built development consisting of building 02.06.06 subject and engineering works for a mixed use to S106 development of residential, employment, retail Agreement (a1, a2, a3), leisure and community uses, open space and associated uses together with supporting infrastructure (roads, paths, cycleways, pumping stations, electricity substations), public transport interchange and car parking (all matters reserved except access) CB/11/02182/VOC Approved Variation of Condition 20(i) on planning 04.07.12 subject permission MB/99/01694/OUT dated 2 June 2006 to S106 to read "the total net retail sales floor area of the Agreement foodstore hereby permitted shall not exceed 5,500sqm provided that no more than 2,500 sqm of the net retail sales area is to comprise comparison goods floorspace COMMENTS 1. CONTEXT 1.1 The Wixams S106 entered into in June 2006 and varied by a further S106 in 2011 provides for a 10.12 ha site for a Secondary School in Village 2. However, only £1.0 million funding towards the upper school (now worth £1.3 million with indexing) was secured, as at the time the original S106 was negotiated and signed there was a surplus of upper school places in the vicinity. The funding for the first middle school was committed through
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