Agenda item

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.

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.