Issue - meetings

To consider a deed of variation to S106 Agreement dated 11.08.2016 approved under planning permission reference 15/00253/OPM to delete clause 12.5 and insert new clause 19, which incorporates a mortgage exclusion clause.

The Committee considered a report in respect of application 22/00764/S106 seeking planning permission for the deed of variation to S106 Agreement dated 11.08.2016 approved under planning permission reference 15/00253/OPM to delete clause 12.5 and insert new clause 19, which incorporates a mortgage exclusion clause.

It was RESOLVED that application 22/00764/S106 be granted permission, subject to the conditions set out tin the report.

The Committee considered a report on planning application 22/00764/S106 seeking permission for a Deed of variation to S106 Agreement dated 11.08.2016 approved under planning permission reference 15/00253/OPM to delete clause 12.5 and insert new clause 19, which incorporates a mortgage exclusion clause.

The Officer explained the application site comprises a residential building in use as flats located in the northeast of Stevenage, approximately 2.8km from Stevenage town centre. The site is situated in the southwestern corner of the Pin Green Industrial Estate and is bounded by Wedgwood Way to the east, amenity grassland, a path and cycleway to the south with Martins Way beyond, a tree belt to the west, beyond which are residential properties in Ely Close and industrial and commercial buildings of the industrial estate to the north. To the northwest of the application site is Wellfield Wood which is a designated Wildlife Site. The site was formerly occupied by the DuPont UK Headquarter offices and former training area.

It was explained the proposed change to the S106 agreement as described above is minor and is not considered to weaken the Council’s position in any way. As such, the proposed change to delete clause 12.5 and insert new clause 19, which incorporates a mortgage exclusion clause is acceptable. In addition, the deed of variation as set out in the report has previously been agreed by the Planning and Development committee.

The Chair queried if there has not been a response why would the council wait 3 months. Officers explained they do not have delegated authority to refuse the deed of variation and need authority from the Committee to do so. In terms of the 3 month timeframe, this was deemed reasonable in that we can advise the applicant it was resolved by the Committee they have 3 months to complete the agreement otherwise it would be refused.

It was RESOLVED that application 22/00764/S106 be granted permission, subject to the conditions set out to in the report:

1.     That the Committee agree the deletion of clause 12.5 from schedule 2 and the insertion of clause 19, which incorporates a mortgage exclusion clause of the S106 agreement dated 11 August 2016 and delegate authority to the Assistant Director of Planning and Regulation in conjunction with an appointed Solicitor on behalf of the Council to agree the precise wording of the variations to the original S106 agreement.

2.     Should the agreement not be signed within 3 months of the date of this meeting, that the Committee delegate authority to the Assistant Director of Planning and Regulation to refuse the deed of variation on the grounds that 16 months have passed since the Committee originally approved the variation and the legal agreement has not been proceeded with.