Issue - meetings

The Committee considered the report and, without debate, RESOLVED that planning permission planning permission be granted subject to the prior completion of a Deed of Variation to the S106 legal agreement dated 30 January 2004   under Section 106A of the Town and Country Planning Act 1990 to ensure the following

1.      That the definition of the planning application contained within the legal agreement dated 30/1/2004 be amended to refer to this application in the alternative as appropriate, and

2.        That the requirement for the provision of public art within the original S106 agreement dated 30/1/2004 be deleted and an obligation be substituted in its place to carry out environmental improvements to the Market Place to a value of not less than £50,000, to include seating, street furniture and improved tree pitsalong the frontage of the site as set out in MCA Drawing No 4938/154.01 Rev E, 4938/154.02 Rev D, 4938/158 Rev C and 4938/159 Rev D, such works to be completed within 24 months of the date of the planning permission unless otherwise agreed in writing by the Local Planning Authority and that in the event that the works are not completed within the said period that a sum of £50,000 (subject to indexation from the date the planning permission is issued to the date of receipt of payment) or such lesser sum (subject to indexation on the same basis) as estimated by the Head of Streetcare as the value of the works not completed to a maximum value of £50,000 be paid to the Council on the second anniversary of the date planning permission was issued , and

3.        Save for the variation of obligations of the original agreement dated 30 January 2004 outlined in 1 and 2 above and any consequential amendments to recitals, headings and clauses of the original agreement, the clauses recitals and headings of the original agreement dated 30 January 2004 shall otherwise remain unchanged.  

In the absence of any such further representations that staff be authorised to enter into such agreement and upon completion of it, to grant planning permission subject to the condition as set out in the report.