Agenda and minutes

Venue: Council Chamber, Civic Office, Waterdale, Doncaster DN1 3BU. View directions

Link: Click here to view audio visual recording of the meeting

Items
No. Item

15.

Declarations of Interest, if any

Minutes:

In accordance with the Members’ Code of Conduct, the Chair, Councillor Susan Durant declared an non-registerable interest in relation to Application No 21/01926/FUL, Agenda Item No.5 (1).

 

In accordance with the Members’ Code of Conduct, Councillor Steve Cox, declared an interest in relation to Application No. 21/02365/FULM, Agenda Item No. 5(2), by virtue of being a Local Ward Member.

16.

Minutes of the Planning Committee Meeting held on 26th July, 2022 pdf icon PDF 244 KB

Minutes:

RESOLVED that the minutes of the meeting held on 26th July, 2022 be approved as a correct record and signed by the Chair.

17.

Schedule of Applications pdf icon PDF 356 KB

Additional documents:

Minutes:

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’.

18.

Adjournment of Meeting

Minutes:

RESOLVED that in accordance with Council Procedure Rule 18.11(f),

the meeting stand adjourned at 2.57 p.m. and 3.17 p.m. respectively to be reconvened on this day at 3.02 p.m. and 3.20 p.m.

19.

Reconvening of Meeting

Minutes:

The meeting reconvened at 3.02 p.m. and 3.20 p.m. respectively.

20.

Proposed Deed of Variation to Section 106 Agreement for a residential development at Briars Lane, Stainforth pdf icon PDF 2 MB

Additional documents:

Minutes:

The Committee considered a report which sought approval a variation to the Section 106 Agreement for an approved residential development for the erection of 152 dwellings on 4.2ha of land at Briars Lane Stainforth.

 

It was reported that Full Planning Permission was granted on the 17th February, 2015 the decision being subject to a S106 Agreement.  During the application process, the applicants had provided a viability assessment which demonstrated that the scheme could not provide the required 26% affordable housing requirement whilst returning an acceptable level of profit.  On this basis, the Council and the Developer entered into a Section106 legal agreement, that sought to ensure that the viability of the scheme could be reassessed on the third anniversary of the S106 agreement which was 11th February, 2018.  Should the scheme then be shown to be viable, the agreement would allow for either the delivery of built affordable units on the site, or a commuted sum in lieu of should no Affordable Housing provider be identified to take ownership of units.

 

Members were informed that development commenced on the site prior to that 3 year trigger, but the site was subsequently mothballed.  However, a new Developer had now taken ownership of the site and wished to complete the development.  The Developer wished to provide a new viability assessment, but the time to do that was in 2018, and as such, the obligation within the existing S106 agreement could not technically be discharged.  Given that the original application was agreed by the Planning Committee, any changes to the associated S106 also required Committee approval.  It is therefore proposed to vary the original S106, to allow for a revised date for submission of a new viability assessment for the site.  In this case, it is recommended that such an assessment should be provided within 3 months of the date of the new legal agreement.  This would allow the Developer to submit the required information, which they previously were not able to do through no fault of their own as the site was acquired by the Developer after the previous trigger to submit a viability assessment had passed, and allow the delivery of a stalled housing site.

 

RESOLVED that the Head of Planning be given delegated authority to agree a Deed of Variation to vary the terms of the Section 106 Agreement dated 11th February, 2015 in accordance with the terms of this report.

21.

Appeal Decisions pdf icon PDF 119 KB

Additional documents:

Minutes:

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

 

Application No.

Application Description & Location

Appeal Decision

Ward

Decision Type

Committee Overturn

 

21/02802/FUL

 

Siting of two 8 x 20 feet shepherd huts within the 15 acre site to be used as holiday lets at Fields View, Common Lane, Clifton, Rotherham

 

 

Appeal Dismissed

26/07/2022

 

Conisbrough

 

Delegated

 

No

 

20/03301/FUL

 

Erection of a two storey office building (9.6m x 9.6m) for a temporary period (to be removed by January 2034). at Hazel Lane Quarry, Wakefield Road, Hampole, Doncaster

 

 

Appeal Allowed

13/07/2022

 

Sprotbrough

 

Committee

 

 

Yes

 

22.

Planning Enforcement Quarterly Report - June 2022 pdf icon PDF 3 MB

Minutes:

The Committee considered a report, which was presented by Garry Hildersley, Planning Manager, that detailed all Planning Enforcement performance in the second Quarter of 2022/23.

 

The Planning Manager requested that if Member had a specific question relating to any Enforcement Cases, they submit their question in writing to the Team Manager for the Enforcement Team, Scott Forbes, who would provide a written response.

 

RESOLVED that the report on Planning Enforcement performance in the second Quarter of 2022/23, be noted.