Agenda item

Proposal: S26/0322 - Proposed modification in respect of a Deed of Variation required for a Section 106 that relates to Planning reference - SK.94/0125

Location: Elsea Park, Bourne

Recommendation: To authorise the Assistant Director of Planning & Growth to agree that the Council enter into a deed of variation to vary Section 106 Agreement ref: SK.94/0125 clauses 9.12-9.17 which currently relate to funds for the provision of a shuttle bus to be reallocated to providing a permanent cycle path to connect the Elsea Park estate to Manor Road, Bourne

Proposal: Proposed modification in respect of a Deed of Variation required for a Section 106 that relates to Planning reference - SK.94/0125

Location: Elsea Park, Bourne

Recommendation: To authorise the Assistant Director of Planning & Growth to agree that the Council enter into a deed of variation to vary Section 106 Agreement ref: SK.94/0125 clauses 9.12-9.17 which currently relate to funds for the provision of a shuttle bus to be reallocated to providing a permanent cycle path to connect the Elsea Park estate to Manor Road, Bourne

Noting comments in the public speaking session by:

District Ward Councillor                                        Cllr Paul Fellows

Applicant                                                                      Graeme Parrott

Together with:

·         No comments received from Bourne Town Council.

·         No comments received from Cadent Gas.

·         No comments received from Environmental protection.

·         Comments received from Highways.

(Councillor Paul Fellows addressed the Committee as Ward Councillor, he then left the Chamber for the duration of this application).

The following comments were made by the public speakers:

·         The District Ward Councillor was a representative of Elsea Park Trust on behalf of the Council.

·         The aim of the application was to make a pragmatic communication system within Elsea Park.

·         The Applicant provided an overview of Elsea Park:

-       Approximately 2,810 properties

-       Estimated population of 7,000 people

-       Northern and southern halves only connected by estate road network in late 2025.

-       All vehicular movement between halves required using the A151 bypass.

·         That car ownership on Elsea Park was 88.2-95.5%, where households own one of more cars. Other figures were provided on monitoring reports e.g. work from home data and bus travel to work.

·         The Trust using the Green Fund (£18,000) commissioned the construction of a new footpath to enable children on Welland Drive to stop walking along the bypass. 

During questions to public speakers, Members commented on the following:

·         Clarification was sought on when the S106 agreement was agreed.

The District Councillor confirmed that the S106 agreement would have been signed in June 2001, when Elsea Park was first established.

·         A query was raised on why the shuttle-bus scheme was unsuccessful.

It was clarified the shuttle-bus scheme did not come to fruition due to costs being higher than the Trust could afford.

·         It was queried how many of the 11 letters of representation came from residents of Elsea Park.

·         One Member noted that figures provided on car usage were from 2021. These figures may not be accurate and should be taken with caution due to the Covid-19 pandemic.

The Applicant clarified the Lincolnshire County Council Transport Monitoring Report was completed in 2025, however the Census data was from 2021.

·         One Member queried the annual fee paid by residents on Elsea Park.

It was confirmed the annal fee was around £291.40 per year. This complied with the S106 agreement where the CPI had to be increased each year. There had been a 3.1% rise in the last year for the annual fee.

The Elsea Park Community Trust owned 11 play parks which included a rolling programme of replacement of those. They Trust also had ownership of public open space, ground works, community centre and a football pitch.

It was proposed, seconded and AGREED to authorise the Assistant Director of Planning & Growth to agree that the Council enter into a deed of variation to vary Section 106 Agreement ref: SK.94/0125 clauses 9.12-9.17 which currently relate to funds for the provision of a shuttle bus to be reallocated to providing a permanent cycle path to connect the Elsea Park estate to Manor Road, Bourne.

The deed of variation would require the remaining balance for the green fund contribution of £21,516 within the Section 106 Agreement Sk.94/0125 to be re-allocated to the provision of a Cycle path to town and the amendment of the trigger point to the Cycle path contribution within 15 days from the signing of the deed of variation.

(The Committee adjourned for a 10-minute break).