Agenda item

Section 73 application to amend Condition 12 (approved plans) on 2008/0287 (demolish offices, car parking & storage areas & erection of 44 dwellings with associated roads & sewers) and amend previously agreed Section 106 planning obligation to omit the integrated transport and public open space contributions, and reduce the education contribution from £120,820 to £75,000 on viability grounds.

The Service Manager – Development Services advised Members that further to the publication of the report, significant consideration had been given to recommendation one in view of the fact that the applicant for planning permission was strongly opposed to entering into a planning obligation above the value of £75,000. Whilst recommendation one was technically correct, should planning committee resolve to approve the application, it would result in an undeterminable application. The Service Manager advised that a more pragmatic approach would be to refuse both parts of the application as this would engage a right of appeal for the applicant. 

The Service Manager – Development Services recommended that recommendation one was amended to refuse permission for the section 73 application and that permission is refused for recommendation two as per the recommendation in the report.  

RESOLVED:

1)    Refusal in respect of the section 73 application for the following reason:

The proposed delivery of this development without the full payment of the education contribution would result in a significant shortage in the number school places required to meet with the needs arising from the development. The proposal therefore represents unsustainable development, contrary to the objectives of national and local planning policies, in particular Section 2 (Achieving sustainable development) and Paragraph 94 of the National Planning Policy Framework and Policy 19 of the Aligned Core Strategy.  

2)    Refusal in respect of modification of the planning obligations for the following reason:

The proposed delivery of this development without the full payment of the education contribution would result in a significant shortage in the number school places required to meet with the needs arising from the development. The proposal therefore represents unsustainable development, contrary to the objectives of national and local planning policies, in particular Section 2 (Achieving sustainable development) and Paragraph 94 of the National Planning Policy Framework and Policy 19 of the Aligned Core Strategy.