Issue - meetings

Modification of Clause 2/3 of Section 52 Agreement (dated 22.12.1981) approved under planning permission reference number 81/2/0120/81.

It was RESOLVED: That the application 23/00324/S106 be GRANTED the variation of clauses (ii) and (iii) of Schedule 3 of the S52 agreement and to delegate authority to the Assistant Director of the Planning and Regulation in conjunction with the Council’s appointed Solicitor to agree the precise wording of the variation to the agreement.

The Committee considered a report in respect of application 23/00324/S106 seeking the modification of Clause 2/3 of Section 52 Agreement (dated 22.12.1981) approved under planning permission reference number 81/2/0120/81.

The Principal Planning Officer advised that the site was originally a house which, in 1981, was granted to be used as a care home for the elderly as well as space for a resident housekeeper. This was done under a Section 52 agreement, which was now known as a Section 106 agreement. This restricted the use of the land and the frontage was to be used for parking of 5 vehicles. Unlike the conditions on a decision notice, the legal agreement would still bind them even with a change.

A Member asked for clarification of what this meant. It was advised that this prevented other uses of the site. The Development Manager also advised that the obligations did not meet the current requirements.

It was RESOLVED: That the application 23/00324/S106 be GRANTED the variation of clauses (ii) and (iii) of Schedule 3 of the S52 agreement and to delegate authority to the Assistant Director of the Planning and Regulation in conjunction with the Council’s appointed Solicitor to agree the precise wording of the variation to the agreement.