The Committee considered the report and without debate RESOLVED that the proposal was unacceptable as its stood but would be acceptable subject to the applicant, by 29 September 2017, varying the existing Legal Agreement made pursuant to Section 106 of the Town and Country Planning Act 1990 and this development, to:

• Ensure that the existing schedules and covenants carry forward to this new planning permission.

In the event that the s106 agreement was not completed by such date the item should be returned to the Committee for reconsideration.

• The applicant should furthermore 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.

Subject to above, it was recommended that the Director of Neighbourhoods be authorised to enter into the aforementioned variation and upon completion of that agreement, grant planning permission subject to the conditions as set out in the report.