Agenda item

(14.11pm Cllr Wilkins returned to the meeting)

Decision:

To defer the application for a discussion to take place between Billingborough Parish Council, Lincolnshire County Council and South Kesteven District Council to include the Executive Manager for Development and Growth to find a solution towards implementation of basic infrastructure requirements for the proposed community facilities.

Noting comments made during the public speaking from:

·         Robert Doughty (agent)

Together with:

·                     6 representations received as a result of public consultation.

·                     No objection in principle from Billingborough Parish Council

·                     No objections from LCC Highways subject to conditions.

·                     An objection from Sports England.

·                     No objection from the Environment Agency.

·                     No objection from Black Sluice Internal Drainage board

·                     No objection from SKDC Drainage Officer

·                     A request from Environmental Protection on conditions to ensure that any contamination of the land is adequately dealt with.

·                     No contributions required for NHS or Lincolnshire CC Education.

·                     Comments from South Kesteven DC Open Space Officer on outdoor sports space.

·                     Comments from the South Kesteven DC Tree Officer suggesting a tree preservation order on the trees along the street frontage and that the horse chestnut within the site could be incorporated within a future layout.

·                     The additional information report, which reported that it was not possible to include within a Section 106 Agreement payment of a financial contribution towards certain works that were considered necessary to enable the former playing field to be used as community open space.

·                     Comments from the South Kesteven DC Affordable Housing Officer that 35% on site affordable housing was required through a section 106 Agreement – A reduced amount would only be acceptable if it could be demonstrated that provision of the full amount would make the development unviable – additional papers reduced to 28%.

·                     Provisions within the National Planning Policy Framework and the South Kesteven Core Strategy and supplementary planning documents together with Planning Policy Guidance.

During discussion on the application the affordable housing element and details of the community infrastructure required and future maintenance were debated at length, together with how the site was outlined within the SAP.  The case officer stressed that the application was for outline permission; all other details would be contained within an application for reserved matters.  Further discussion followed on the costs and specification involved for the community structure aspect of the site and the Business Manager reiterated the reasons contained within the late paper concerning why certain elements  could not be contained with a Section 106 Agreement.

A proposal was put forward to approve the application but to amend a condition to include an agreement to contribute to the Parish Council for a basic track, car park, fencing and water provisions for the allotments.  The Business Manager informed the Committee that these additional requirements could not be contained within a Section 106 Agreement, as they did not fulfil the statutory test.

(15.35pm Cllr Brian Sumner left the meeting)

Further discussion on the community infrastructure followed and it was suggested that provision for the land for the track access be passed to the Parish Council properly within a proposition.   Following more discussion a pragmatic solution was put forward to defer until an agreement had been reached between the Parish Council and Lincolnshire County Council to overcome a very technical legalistic point about what Section 106 Agreements could be used for.   Various proposals were then put forward but were not seconded.  It was then proposed that the application be deferred for discussions to take place between Billingborough Parish Council, Lincolnshire County Council, South Kesteven District Council including the Executive Manager for Development and Growth to find a solution towards the implementation of a basic infrastructure for the proposed community facilities.  This was seconded and on being put to the vote agreed.

(15.43pm Cllr Brian Sumner returned to the meeting

(15.44pm meeting adjourned)

(16.00pm meeting reconvened)

(16.00pm Cllr Morgan did not return)

As the meeting had been in progress for 3 hours, the Chairman asked for Members’ consent to continue.  Members agreed

(16.02pm Cllr Morgan returned to the meeting)