Issue - meetings

The Committee considered the report noting that the proposed development qualified for a Mayoral CIL contribution of £37,560 and without debate RESOLVED that the variation of condition 29 of planning permission P1905.15 under Section 73 of the Town and Country Planning Act, 1990 was unacceptable as it stood but would be acceptable subject to the applicant entering into a Legal Agreement under Section 106 of the Town and Country Planning Act ,1990 (as amended) to vary the existing legal agreement, completed on 11 May 2017, in respect of the previous planning permission P1905.15 by varying the definition of Planning Permission, which should mean either planning permission P1905.15 as originally granted or planning permission P1216.17 and any other changes as may be required from this, to secure the following obligations, by 24 August 2018, and in the event that the deed of variation is not completed by such date then the Planning Manager had delegated authority to refuse planning permission:

•         A financial contribution of £10,000 to be paid prior to the opening of the store to be used for the following:

i) highway works in respect of site access parking controls and traffic management orders required for their implementation as shown within Transport Assessment ;

ii) a parking survey of the highway within 100m either side of site entrance for a period of 24 months following opening of store and implementation of parking controls on Gooshays Gardens; Gooshays Drive and Trowbridge Road (subject to option for developer to undertake survey to an agreed programme and supplying monitoring information at an agreed interval) should the survey identify the need for further parking restrictions.

•         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 Legal Agreement prior to the completion of the agreement irrespective of whether the agreement was completed.

•         Payment of the appropriate planning obligations monitoring fee prior to the completion of the agreement.

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