Agenda item - Request for a Variation of a S106 Agreement Dated 31 March 2008 Relating to Application BH2007/01591, Ebenezer Chapel, Richmond Parade, Brighton

Request for a variation of a Section 106 agreement dated 31 March 2008 signed in association with BH2007/01591 – Report of the Executive Director of Environment Development and Housing (copy attached)

(1)          The Committee considered a report of the Acting Head of City Planning and Development requesting that that they consider a request to vary the S106 planning agreement dated 31 March 2008 relating to the Ebenezer Chapel, Richmond Parade, Brighton to apply for residents’ parking permits.

(2)          The Planning Manager (Applications), Nicola Hurley explained that limited parking had been provided within the scheme, with 5 vehicular spaces provided for residents on site, 3 of which were disabled parking bays in connection with the wheelchair accessible flats. When the application had been granted on 31 March 2008 following completion of a section 106, amongst other provisions, the eligibility of residents for parking permits had been restricted. The rationale for that restriction had been based on the concerns regarding parking stress in the area. Since that time the situation had changed and the developers had requested that the car free restriction be removed as residents had to walk a considerable distance from where they had parked their vehicles to their homes. This had been particularly problematic for residents of the scheme who worked outside the city and/or had childcare commitments which required car ownership It had also been argued that the current restriction had also resulted in additional car journeys and an increasing demand for parking outside the CIZ. The proposed amendments were considered acceptable and were therefore recommended for approval.

(3)          Councillor Barradell sought further clarification regarding the justification for this change being asked for now given that originally it had been considered appropriate for the development to be car free. A number of developments across the city had been designated car free if developers could subsequently choose to do otherwise that could compound existing parking problems.

(4)          The Planning Manager (Applications), explained that regarding s106 arrangements whereby developments had restricted parking or had been designated car free any change to would need to be requested and a case for any change considered on its merits.

(5)          The Principal Transport Officer, Steven Shaw explained that the number of spaces provided were considered on a case by case basis taking account of the parking situation in the immediate vicinity. In this instance there had been significant changes since the development had been built, it now fell within a CPZ in its entirety rather than just the southern part of the site. It was therefore considered appropriate to vary the s 106 to reflect the current situation.

(6)          A vote was taken and Members voted by 11 for with one abstention to vary the s106.

31.1       RESOLVED – That the Committee resolves to allow of completion of a variation to the s106 planning agreement dated 31 March 2008 relating to the Ebenezer Chapel, Richmond Parade, Brighton to allow residents of the development to apply for residents’ parking permits.

              Note: Councillor Barradell abstained from voting in respect of the above.