Issue - meetings

The Committee considered the report noting that the proposed development qualified for a Mayoral CIL contribution of £55,080 and without debate RESOLVED that option B be agreed which read as follows:

That the proposal was considered to be unacceptable as it stood but would be acceptable subject to the applicant entering into a Section 106 Legal Agreement under the Town and Country Planning Act 1990 (as amended) to secure the following:

• A financial contribution of £240,000 to be paid prior to the commencement of the development, to be used for educational purposes in accordance with Policy DC72 of the LDF Core Strategy and Development Control Policies Development Plan Document.

• A viability review mechanism for affordable housing to be secured through a S106 legal agreement. Such review to be triggered if the scheme had not reached slab level on at least 20 plots within two years of consent being granted. 

• All contribution sums should include interest to the due date of expenditure and all contribution sums to be subject to indexation from the date of completion of the Section 106 agreement to the date of receipt by the Council.

• The Developer/Owner to pay the Council’s reasonable legal costs associated with the planning obligation prior to its completion irrespective of whether the obligation was completed.

• The payment of the appropriate planning obligations monitoring fee prior to the completion of the obligation.

That, if by 15 June 2018 the legal agreement had not been completed, the Assistant Director of Development was delegated authority to refuse planning permission.

That the Assistant Director of Development be authorised to enter into a legal agreement to secure the above and upon completion of that agreement to grant planning permission subject to the planning conditions as set out in the report.