Agenda item

To consider any business, which by reason of special circumstances, the Chair proposes to accept, under Section 100(b)(4)(b) of the Local Government Act, 1972.

Minutes:

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The Planning Control Manager updated the Committee in relation to the Section 106 Agreements pertaining to application reference 13/01615/OM.  She reminded the Committee that they went into an exempt session at their last meeting on 3rd March 2025 and Agents had requested a further extension of time (one month) to try to resolve issues around commerciality.

 

The Planning Control Manager explained they were still not able to complete as there were five minor points which needed to be addressed which related to:

 

·      Duplication between conditions and the Site Specific Agreement

·      Confirmation and clarification with regards to works in kind requirements

·      Comments relating to the viability review mechanisms

·      Clarification on the cycle and pedestrian contribution in terms of exactly what was going to pay for

·      Cross referencing needed to be done between all three agreements

 

The Planning Control Manager was seeking a final extension of time for either one additional month or six weeks to take into account the Easter Bank Holiday which would give a final date of 19th May 2025.  Further that resolution two from 3rd March 2025 should be carried over.

 

In response to a question from Councillor Spikings, the Planning Control Manager advised the recommendation from this meeting should be:

 

1.   To complete all S106 Agreements (Framework Part A, Part B and Site Specific 106) and issue the decision by 5.15 pm on 19th May 2025.  If the timescale is not met, the application would be refused.

 

2.   In the exceptional circumstance where the individual landowner specified in the report and shown on the attached plan, is not able to enter into the Framework Part B and Site Specific 106 within the required timescale, to issue the permission and impose an additional condition which restricts development commencing on any part of the application site until the legal agreements have been entered into in relation to that land so that all the necessary land within the application site is bound.

 

Several Members of the Committee raised strong concerns regarding another extension of time.

 

Councillor Blunt proposed that if they failed to deliver in the six-week period from 7th April 2025, the application would be refused.  This was seconded by Councillor de Whalley.

 

Councillor Ryves commented that he disagreed with the proposal from Councillor Blunt.

 

Councillor Spikings commented that she disagreed with the extension and stated that it should have been completed in February 2025.

 

Councillor Storey proposed that they should be given no more than three weeks.  This was seconded by Councillor de Winton.

 

The Democratic Services Officer carried out a roll call on the proposal from Councillor Storey which was seconded by Councillor de Winton as outlined above and after having been put to the vote, was lost (5 votes for and 8 against).

 

The Democratic Services Officer then carried out a roll call on the proposal from Councillor Blunt which was seconded by Councillor de Whalley as outlined above and after having been put to the vote, was carried (10 votes for, 1 against and 2 abstentions).

 

RESOLVED:

 

1.   Six weeks from 7th April 2025, complete all S106 Agreements (Framework Part A, Part B and Site Specific 106) and issue the decision by 5.15 pm on 19th May 2025.  If the timescale is not met, the application would be refused.

 

2.    In the exceptional circumstance where the individual landowner specified in the report and shown on the attached plan, is not able to enter into the Framework Part B and Site Specific 106 within the required timescale, to issue the permission and impose an additional condition which restricts development commencing on any part of the application site until the legal agreements have been entered into in relation to that land so that all the necessary land within the application site is bound.