Agenda item
Application for the Modification or Discharge of Planning Obligations under Town and Country Planning Act 1990 (Section 106A) and Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992
This report informs Members about an application under section 106A of the Town and Country Planning Act 1990 (as amended)to modify ordischargea planningobligationwasreceivedon 9June2015,to modify theobligation to paya financialcontributionwithintheLegalAgreementdated 4June 2009 and DeedofVariation dated26 October2009toreducethefinancialcontribution due.
Minutes:
The Committee considered an application under section 106A of theTown and Country Planning Act 1990 (as amended)to modify ordischargea planningobligation to paya financialcontributionwithintheLegalAgreementdated 4June 2009 and DeedofVariation dated26 October2009 in order toreducethefinancialcontribution due to the Council.
Stephen Weeks (Head of Planning) set out the background to and the history of the application. He referred to the applicant’s claim about viability, the purpose of the agreement and that payment of the outstanding s106 costs would result in the company making a significant loss. He advised members that the applicant was a willing signatory to the Legal Agreement and that the developer’s reference to the provisions of the Community Infrastructure Levy (CIL) was irrelevant. He continued that the payment under the legal agreement was not subject to viability of the scheme. The Head of Planning recommended that the application to modify or discharge the planning obligation be refused and pursued with the relevant party.
DECISION:
Refused the applicationto modifyor dischargethe planningobligation.
Supporting documents:
- Special Item.Aug 2015, item 9. PDF 126 KB
- APPENDIX 1, item 9. PDF 11 KB
- 081629.Appendix 1 - committee report, item 9. PDF 297 KB
- APPENDIX 2, item 9. PDF 11 KB
- 081629.Appendix 2 - supplementary, item 9. PDF 76 KB
- APPENDIX 3, item 9. PDF 13 KB
- 081629.Appendix 3 - committee minutes, item 9. PDF 154 KB
- APPENDIX 4, item 9. PDF 13 KB
- 081629.Appendix 4 - legal agreement, item 9. PDF 478 KB
- APPENDIX 5, item 9. PDF 11 KB
- 081629.Appendix 5 - deed of variation, item 9. PDF 99 KB