Proposed construction of steel framed industrial unit and accompanying outside surfacing for joinery workshop, builders stores and office.

Proposed construction of steel framed industrial unit and accompanying outside surfacing for joinery workshop, builders stores and office.

The following updates were reported:

§             Agreement had now been reached with the applicant that, through a Section 106 Agreement, would:

'1)       Grant the Council free and unobstructed pedestrian and cycle rights of way over the said land will be provided along with permission to carry out any works necessary to bring the cycle link up to an adoptable standard; and

2)       Rights to undertake any alteration or improvements to the flood defence embankment adjacent the railway line considered necessary by the Council and/or Environment Agency to maintain this feature as a functional flood defence for the benefit of the area.'

§             Consequently, the recommendation was amended from refusal (due to the absence of a planning obligation) to that detailed in the resolution below.

The Principal Planning Officer explained that, in order to mitigate the direct impact of the development on the highway network, two options had been put to the applicant.  Firstly, a financial contribution towards sustainable transport infrastructure.  Secondly, the transfer of two strips of land forming part of the desired Sustrans Connect 2 route from Bartonsham to Rotherwas; these strips also formed an essential part of the flood protection for this area of Rotherwas.   It was reported that the applicant had expressed concerns about any form of planning obligation initially but now recognised the benefits of enhancing cycle and pedestrian links and had agreed to the second on the two options.

The Head of Planning and Transportation said that he was pleased that the applicant had reconsidered his position, particularly as the rights of way over the land in question would be a major and significant gain.  It was noted that this had demonstrated the value and flexibility of the Supplementary Planning Document on Planning Obligations.

Councillor GFM Dawe, the Local Ward Member, welcomed the planning obligation, especially as it would help to bring forward the cycle link from Bartonsham through to Rotherwas and beyond to Holme Lacy.  In response to a question, the Principal Planning Officer advised that a Section 106 Agreement would secure the agreed rights; he added that freehold transfer could be not achieved as the land was subject to a lease, with approximately 970 years remaining.

Councillor PJ Edwards said that this was a good example of a regulatory body acting as an enabler, commented on the value of the planning obligation in terms of enhancing links and managing flood risk, and supported the use of heat recovery measures in the proposed development.

Councillor DB Wilcox commented that the 'in kind' contribution would provide better value for money than a financial contribution in this instance.

RESOLVED:

That:     1)The Legal Practice Manager be authorised to complete a planning obligation under Section 106 of the Town and Country Planning Act 1990 in accordance with the above terms and any additional maters and terms as he considers appropriate.

              2)Upon completion of the said planning obligation, officers named in the Scheme of Delegation to Officers be authorised to issue planning permission subject to the conditions considered necessary by officers.