Derbyshire planners have spared a developer from having to pay out £136,746 to support community infrastructure for a provisionally approved scheme for 18 new flats unless the applicant makes a considerable profit from the development.
Bolsover District Council’s planning committee agreed outline planning permission at a meeting on May 14 for applicant Steve Botham, of Staveley, for nine one-bedroom flats and nine two-bedroom flats spread across two three-storey buildings and one two-storey building on brownfield land at the back of The White Swan, on Market Place, in Bolsover.
The council accepted the applicant’s scheme cannot currently support Section 106 financial contributions normally expected of developers towards infrastructure including education, open space and playing pitches.
However, outline planning permission has been agreed with a number of conditions including that 70per cent of any profit that might be made by the developer at a later stage that is over 20per cent will be paid to the council as a contribution under a reviewed S106 agreement.
A council spokesperson stated: “A recommendation to grant planning permission without requiring any S106 contributions is made on the basis that the development will secure the regeneration of a vacant brownfield site in the town centre and deliver high quality residential development in a sustainable location that has been designed to respond positively to the site and its context.”
The site falls within the Bolsover Conservation Area and it is not far from Bolsover Castle and it is near to the White Swan public house which is a heritage asset next to Dane Bank House which also has a distinct civic quality and status as a former bank.
Derbyshire County Council highways authority’s position is that the scheme is deemed to be acceptable with conditions relating to access, bicycle parking and a construction management plan.
The county council also appreciates that an independent review of the viability of the development has taken place which agrees with the applicant’s evidence that the scheme cannot viably support any S106 contributions at this stage.
A district council viability assessment concluded that for the scheme to be viable no S106 contributions can be provided contrary to a policy expectation totalling £136,746 towards education, open space and playing pitches.
A council spokesperson stated: “It is therefore suggested as reasonable that 70per cent of any profit made over 20per cent profit on revenue is paid to the council up to whatever the indexed contribution would have been. Following discussions with the applicant, they have agreed to enter into a S106 agreement with such a mechanism.”
But the council has stressed the developer will be required to provide evidence of existing positive drainage to a public sewer from the site to the satisfaction of Yorkshire Water and the planning authority by means of an investigation and Derbyshire County Council’s flood authority has also requested information on the developer’s drainage strategy.
Derbyshire Wildlife Trust has also stated that it feels it is unlikely any habitat impacts will result from the development but they have requested a biodiversity enhancement plan and they have agreed with the Derbyshire Swift Conservation Project’s request for nest bricks to be used for the benefit of urban birds.
The council also identified a number of benefits from the scheme including bringing a brownfield site back into a viable use with additional housing and with additional footfall for the town centre shops and businesses.
A council spokesperson added: “It is considered that the benefits of remediating the site and bringing it back into residential use without S106 contributions should be afforded more weight than leaving the brownfield town centre site vacant, particularly if a S106 agreement is entered into to allow for the viability situation to be reviewed prior to completion of the development.”
The planning committee agreed that authority be given to the Development Management and Land Charges Manager or principal planners to approve the development subject to conditions, no objections from the county council flood authority and upon an agreed S106 arrangement under the reviewed viability mechanism.
