Ward: Pembridge & Lyonshall with Titley

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 to include the following heads of agreement and any additional matters and terms as he considers appropriate;:

1.      The developer covenants with Herefordshire Council, to pay Herefordshire Council the sum of £25,000 to provide transportation facilities to serve the development which sum shall be paid on or before the commencement of development.

2.      The monies shall be used by Herefordshire Council at its option for any or all of the following purposes:

a)      Junction improvements to B4362/C1032 junction - including possible re-alignment, traffic lights, pedestrian crossing facilities

b)     Extend footway from Ledicot Lane to Cemetery

c)      Improve direction and safety signing in area

d)     C1031 Rhyse Lane, edge of carriageway strengthening/widening

e)     Safe Routes to School in Shobdon, including footway provision/widening, speed limit reduction/extension of area, equipping "walking bus" etc

f)       Cycle and car parking provision at school

g)     Improvements to passenger waiting facilities at Shobdon/Mortimer's Cross

3.      In the event that Herefordshire Council does not for any reason use the said sum of Clause 6 for the purposes specified in the agreement within 5 years of the date of this agreement, the Council shall repay to the developer the said sum or such part thereof which has not been used by Herefordshire Council

4.      The developer shall pay to the Council on or before the completion of the Agreement, the reasonable legal costs incurred by Herefordshire Council in connection with the preparation and completion of the Agreement.

2)                  upon completion of the aforementioned planning obligation that the officers named in the Scheme of Delegation to Officers be authorised to issue planning permission subject to the following conditions;

1 -     A01 (Time limit for commencement (full permission) )

         Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2 -     A07 (Development in accordance with approved plans )

         Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

3 -     B03 (Matching external materials (general) )

         Reason: To ensure the satisfactory appearance of the development.

4 -     F21 (Scheme of surface water regulation )

         Reason: To prevent the increased risk of flooding.

5 -     F32 (Details of floodlighting/external lighting )

         Reason: To safeguard local amenities.

6 -     Details of open storage shall be submitted to and approved in writing by the local planning authority.  No outside storage shall occur other than those specifically approved.

         Reason:  In order to protect the visual amenity.

Note to Applicant

i)       This permission is granted pursuant to an agreement under Section 106 of the Town and Country Planning Act 1990.

ii)     Monitoring of traffic levels to continue

           Informatives:

1 -     N15 - Reason(s) for the Grant of PP/LBC/CAC

3)                  the officers named in the Scheme of Delegation to Officers be authorised to amend the aforementioned conditions as necessary to reflect the terms of the planning obligation.