Issue - meetings

The proposed modification of the Section 106 agreement in relation to planning permission 2017/0999 for the provision of the school by 31st May 2022, bus service 50 by Nottingham City Council by 2032 and bus services no. 5 and 73 by Nottinghamshire County Council by 2027.

The Principal Planning Officer introduced the report and provided the following verbal update:

Since the publication of the report we have received further representations from the city council in which they have revised their payback timeframe request to eight years from the first payment, and not ten years as outlined in the report.  The basis of the request was that the first three payments were now due and would be paid at the same time, which would effectively give the city council less time to use the money. 

The city council had also requested that the repayment period of the travel pass contribution was extended from five to eight years.  However this request did not form part of the deed of variation, it had not been considered by officers and was not in the description of the proposed modification. As such, this did not form part of the application and was not for consideration.

He added that the committee that the requested modifications by the city council from five years to eight years was not considered reasonable. The city council was yet to receive its first payment, as such this was a different scenario to that of the county council which received its first payment in 2019. 

He added that whilst noting the city council’s request, and noting specifically that they would receive three of the four instalments at the same time with the timescale left unchanged at five years, they would still have the same timeframe as that of the county council.

He concluded that it should be borne in mind the Section 106 agreement required that the contributions were either spent or committed expenditure within these timeframes, which was considered to provide a degree of flexibility and would not put either the city or county council under undue pressure or risk.

RESOLVED:

That members approve variation of the Section 106 Agreement (as previously varied) between the Gedling Borough Council, Nottinghamshire County Council, Nottingham City Council and Midlands Land Portfolio Limited which was completed on the 30th June 2014 associated to planning permission 2013/0546 as amended by permission 2017/0999 amending the timescale for the delivery of the school and the transport contributions as set out in this report.