Agenda item

To Determine the Application

The Committee had regard to its inspection of the site (as agreed in accordance with the Site Inspection Policy and Procedure (minute P19/04 refers)) during its deliberations.

David Rowen presented the report to members and drew their attention to the updated report which had been circulated.

David Rowen presented a further update to members and stated;

‘Overall the principle of development is deemed to be acceptable with no outstanding objections from any technical consultees. However developments of this scale are required to provide satisfactory infrastructure provision or to demonstrate that to do so, would render the scheme unviable.

The infrastructure required to be generated by this development is set out on page 20 of the agenda pack. A delegated grant of planning permission was due to be given last year however at that point Cambridgeshire County Council as the Highways Authority required a further financial contribution for off-site Highway works of £45,000.

Further to the lack of progress on securing that additional Section 106 (S106) contribution as outlined in the report, written confirmation has now been received from the applicant’s agent this morning confirming the intention to complete the S106 agreement shortly.

Consequently the recommendation that is set out to members within the agenda is to be amended on the basis of that information being received. The amended recommendation is now;

Members resolve to grant outline planning permission with delegated authority to officers to complete the necessary S106 agreement as well as to formulate the appropriate planning conditions. If no satisfactory progress is made on completing the legal agreement within 28 days of this Committee Meeting, officers be delegated to refuse planning permission for reasons set out in the report.’

Members asked questions, made comments and received responses as follows;

1.    Councillor Murphy asked for confirmation that this application is for outline planning permission and not full planning permission. David Rowen confirmed that the application is for outline planning permission.

2.    Councillor Sutton said he was confused in relation to the initial recommendation to refuse the planning permission as in many instances, the Planning Committee grants planning permission subject to a S106 agreement being agreed at a later date. He is concerned that the amended recommendation to grant planning permission does not allow a reasonable timescale to arrange the legal agreement.

3.    Councillor Patrick expressed that he would prefer to see this planning application deferred until this legal agreement is resolved.

4.    Councillor Connor agreed but highlighted that the application meets planning requirements and the area will benefit from this development. Whilst the late timing of progress is not ideal, the applicant’s agents have resolved the issue.

5.    Councillor Benney agreed that the Planning Permission should be withdrawn and refused if the S106 agreement does not progress. This should encourage the developer to progress the legal agreement in a timely manner.

6.    Councillor Murphy agreed but stated that a timescale for completion of the legal agreement needs to be stipulated to avoid further delays.

7.    Councillor Connor agreed that if planning permission stipulates 28 days, this needs to be enforced if there are further delays.

8.    Councillor Mrs Bligh stated that whilst Wisbech needs development, it is imperative that the Council secure S106 funds for the community.

9.    David Rowen provided further explanation for the initial recommendation to refuse the planning permission. He explained that for the last 10 months, the Council have been trying to obtain agreement from the developers in relation to S106 funds, without success. As much as officers wanted to support the application, it was imperative that this funding was secured. As a result of the initial recommendation, the applicant has now agreed to this.

10.David Rowen explained that the 28 day deadline recommended is based on information obtained by the applicant’s agent confirming that the legal agreement will be ready for completion in 10 days. Officers have taken this as assurance that the agreement is imminent whilst still allowing contingency for any further delays.

Councillor Sutton proposed that the application be approved as per officer’s amended recommendation; however to further amend the recommendation to extend the timescale for the completion of the legal agreement to 3 months.

Councillor Benney seconded Councillor Sutton’s amendment and Councillor Connor opened the amendment up for debate;

1.    Councillor Patrick stated that given it has taken 10 months to get to this stage the original timescale of 28 days is ample.

Proposed by Councillor Patrick, seconded by Councillor Lynn that the application be approved as per officer’s amended recommendation to allow 28 days for completion of the legal agreement.

A vote was taken on Councillor Sutton’s amendment. This vote failed.

A vote was taken on Councillor Patrick’s proposal.

Proposed by Councillor Patrick, seconded by Councillor Lynn and decided that the application be APPROVED as per officer’s amended recommendation.