Agenda item

The Committee is asked to note the report.

The Monitoring Officer introduced the report and reminded Members that at the last meeting of the Planning Committee it was requested that a report be prepared for this meeting regarding outstanding Section 106 agreements that had been required as part of a planning permission requirement.

It was explained that approximately 100 Section 106 agreements had been entered into between the Council and developers in the past year covering a wide variety of community benefits and contributions towards public services.  When permission was granted by the Planning Committee subject to completion of a Section 106 agreement, there was a 4 month time limit placed upon completion of the agreement, failing which the matter was recommended for refusal.

In some cases where the deadline had passed, and material circumstances had significantly changed, it would be necessary for Members to re-determine those applications.  These applications were listed individually at 9/1(a) Stoke Ferry and 9/1(b) Watlington.  In the case of Stoke Ferry, the delay had been caused by the applicant not owning a portion of the application site and in relation to Watlington the Section 106 agreement had not been agreed by the applicant despite several months of negotiations.

There were two cases, 30 Common Road, Snettisham (16/00263/F) and Massingham Road, Castle Acre (15/00942/OM) where no circumstances had changed, but they required the deadline to be extended.  The cases were considered to remain in compliance with planning policy (which was the key point) but due to circumstances had not been completed in time.  In the case of Snettisham, it transpired that the applicant did not own all of the application site, and this was still being resolved.   In the case of Massingham Road, there was a late renegotiation of the Section 106 as instructed by the Planning Officer but the agreement was now ready to complete.

In response to a question, the Monitoring Officer explained that someone could apply for planning permission on someone else’s land but in order for the Section 106 to be completed, the Council did require to see evidence of land ownership either from the Land Registry or the title deeds.  This was to allow enforceability of the land contained within the red line.

The Monitoring Officer added that the agreements were being turned around quickly and it was only when there were issues with land ownership or the applicant’s solicitors were slow.  The Monitoring Officer also added that she thought having a time limit on the Section 106 Agreements was helpful and this helped to ensure that long protracted negotiations did not take place.  The Monitoring Officer also advised that additional resources had been taken on to deal with the number of agreements and to ensure these were dealt with in good time. 

In response to a comment, the Monitoring Officer explained that an applicant would be written to with the date of completion of the Section 106 to avoid completions being down to the wire.

Councillor White asked for his vote to be recorded against the following resolution.

RESOLVED:   (1)        That approval be given to extend the deadline in relation to 30 Common Road, Snettisham (16/00263/F) and Massingham Road, Castle Acre (15/00942/OM) for a further 3 months to enable completion of the agreements.

(2)        That if the agreements for the applications at (1) above are not completed within the timescales, then the applications shall be refused.

(3)        That the Committee noted the contents of the report and the Schedule of Section 106 Agreements.