Agenda item

Decision:-

That the Head of Development and Growth be authorised to conclude the Section 106 Planning Obligation Agreement in regard to the planning appeal for land North of Grantham (Manthorpe) as now reported to the committee, in consultation with the Chairman and Vice Chairman.

The Chairman reminded members that the above application had been refused by the Development Control Committee in January 2011 and was now subject to an appeal which was to be heard at an Inquiry in November.  A report had been circulated to members present at the meeting in regard to the planning appeal, and specifically with respect to the need for the completion of a Section 106 Planning Obligation Agreement. 

The Head of Development and Growth explained that as part of the appeal process, it was necessary for the planning authority to seek to agree with the applicants a set of planning conditions and a Section 106 Planning Obligation Agreement, in the event that the appeal was allowed by the Secretary of State.  He emphasised that this process in no way prejudiced the outcome of the appeal and did not mean that the council in any way considered that any of the reasons for refusal no longer applied.  In referring to the report, he explained that in this case the Section 106 Agreement was still being negotiated with the applicants in the context of the appeal.  However, it was the appeal that set the timetable for the completion of the agreement and that, together with the numerous parties involved, was the reason why the general heads of terms were being presented to the committee for consideration relatively close to the start of the appeal.  As the appeal commenced on 2nd November this meeting was the last opportunity for such matters to be considered by members.

The Council’s consultant administering the appeal then went through the report which had been circulated in some detail, emphasising again matters raised by the Head of Development and Growth in regard to the timetable and the reasons why this Section 106 Agreement was required.  He took members through the principal obligations/covenants/contributions proposed to be included in the Section 106 agreement in some detail.

In conclusion he said that the Section 106 Agreement for the appeal site, put forward on behalf of the Council, included all the requirements of policy, and would, if the appeal were to be allowed by the Secretary of State, represent a comprehensive mitigation of the adverse impacts of the development on the environment and the community.  In addition there would be a full range of planning conditions attached to the permission, and the quality of the development and its impact would be controlled through reserved matters applications, a masterplan and other relevant documents.

After a lengthy discussion, during which the consultant answered questions from members in regard to detailed aspects of the report, it was proposed and seconded that the Head of Development and Growth be delegated to conclude the Section 106 Agreement with the Chairman and Vice Chairman, as now reported.  On being put to the vote the proposition was carried.