Agenda and minutes

No declarations were reported at the meeting.

RESOLVED that the minutes of the meeting held on 5th February, 2019, be approved as a correct record and signed by the Chair.

RESOLVED that upon consideration of a Schedule of Planning and Other Applications received, together with the recommendations in respect thereof, the recommendations be approved in accordance with Schedule and marked Appendix ‘A’.

RESOLVED that prior to the issue of planning permission in respect of the following planning application, which is included in the Schedule of Planning and Other Applications marked Appendix ‘A’ and attached hereto, the applicant be required to enter into an Agreement under Section 106 of the Town and Country Planning Act 1990, regulating the development:-

RESOLVED that in accordance with Council Procedure Rule 18.11(f), the meeting stand adjourned at 3.39 p.m. to be reconvened on this day at

3.45 p.m.

The meeting reconvened at 3.45 p.m.

The Committee considered a report which detailed an Application submitted by Persimmon Homes for the modification of the terms of a Section 106 agreement in order to allow further homes to be occupied on the Manor Farm development before the Railway Crossing Scheme (an underpass) is provided.

Members were advised that during the consideration of the first Reserved Matters application, Network Rail and Persimmon agreed a Heads of Terms document whereby up to 150 dwellings could be occupied, and if the underpass was still not in place, then more than 150 dwellings could be occupied with additional safety measures.

It was reported that the Heads of Terms document was not formalised, despite the parties working within the perimeters of the agreement, and the original Section 106 agreement was not at that time varied. However, a condition was imposed, following consultation with Network Rail, that no more than 150 dwellings were to be occupied prior to 31 December 2015 and the completion of the improvement works (upgrading of the crossing) set out in the Section 106 agreement. This condition was added at the request of Network Rail. A further condition was imposed for a 1.8m high fence running North-South across the site to prevent occupants from phase one of the development being able to access Carr Lane Crossing until the railway crossing scheme (underpass) was in place and open to the public.

Members were advised that a fence was in place and Network Rail were satisfied that this measure was effective. Network Rail had assessed the risk of allowing up to 250 homes to be occupied without a railway crossing scheme in place and had produced a report ‘House Occupations at Manor Farm Development: Risk/Mitigation of Risk to Rail Crossing Users’ dated February 2018. It was noted that the report sets out that the statutory consultee, Network Rail was satisfied that at the current time sufficient measures were in place to allow a further 100 number of houses to be occupied, giving a total of 250 occupancy.

It was advised that Persimmon must still fulfil their requirement to provide an underpass as part of the legal agreement to support the Manor Farm Development.

Officers reported that since the submission of the Deed of Variation, the 150 dwelling limit had been exceeded up to 187 by February 2019. Network Rail were aware of this and this follows their reassessment of occupancy to 250. It was noted that Network Rail had supported Persimmon at a Level Crossing Safety Event on the 5th February 2019, which is one of the soft measures outlined in the report that should be in place to support the increased number. As such, the authority had not considered taking enforcement action because the application to vary the agreement had been submitted and was determined and Network Rail were aware of the increased occupancy and raised no objection.

It was reported that a number of representations had been made as a result of the advertisement of the Deed of Variation  ...  view the full minutes text for item 78.

RESOLVED that in accordance with Council Procedure Rule 33.1, the

Committee, having sat continuously for 3 hours, continue to consider the

items of business on the agenda.

RESOLVED that the following decisions of the Secretary of State and/or his inspector, in respect of the under-mentioned Planning Appeals against the decision of the Council, be noted:-

RESOLVED that the public and press be excluded from the remaining proceedings of the meeting, in accordance with Section 100(A)(4) of the Local Government Act, 1972, as amended, on the grounds that exempt information as defined in Paragraph 6 of Schedule 12A to the Act, is likely to be disclosed.

The Committee considered a report which detailed all Planning Enforcement complaints and cases received, and closed during 23 January to 19February, 2019.

Scott Forbes, Enforcement Manager wished to advise Members that future reporting on enforcement cases would be made in the public domain for the purposes of being open and transparent. Members welcomed this proposal.

RESOLVED that all Planning Enforcement Cases received and closed for the period 23 January to 19 February, 2019, be noted.