Agenda and minutes

In accordance with the Members Code of Conduct, Councillor Emma Muddiman-Rawlins declared an interest in Application No 23/00108/FUL Agenda Item 5(1) and took no part in the discussion and left the meeting for the duration of the consideration of the application.

RESOLVED that the minutes of the meeting held on 19th September, 2023 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 in accordance with Council Procedure Rule 18.11(f), the meeting stand adjourned at 2.55 p.m., to be reconvened on this day at

3.05 pm.

The meeting reconvened at 3.05 p.m.

The Committee considered a report seeking approval to the variation to the Section 106 Agreement for a development of residential housing at Owston Road, Carcroft.

It was advised that outline planning permission was granted under delegated authority on the 16th December, 2019, with the decision being subject to a Section 106 Agreement dated 13th December, 2019. The Agreement sought to deliver the following objections:-

·         Delivery of 26% on site built units for affordable housing. The tenure split 75% to be Social Rented dwellings and 25% to be Shared Ownership dwellings;

·         Commuted sum of £201,267.00 to provide 11 secondary school places at Outwood Academy; and

·         On site Public Open Space (POS) and scheme for maintenance.

Committee were informed of the background to the application and its subsequent amendments. It was advised that the applicant had submitted a Deed of Variation accompanied by a Full Viability Appraisal (FVA) concurrently        with the submission of the Reserved Matters application.

In September 2023, the FVA was assessed by an independent external consultant and the conclusion of the assessment showed that the scheme with   the policy compliant amount of affordable housing and education contributions            would make the scheme unviable.

Committee noted the amendment to the report at paragraph 4 which should read ‘This report does not contain exempt information’.

Before members went into debate the Legal Officer outlined the relevant tests for modifying s106 obligations. Advice was given that the usual planning considerations are not engaged in such a case and the question for Members was whether the planning obligations continued to serve a useful purpose in the public interest such that they should be maintained and the request refused, or alternatively that they no longer served a useful purpose in order that the request should be approved.

During debate Members discussed the impacts on education provision.

Members sought that the report be deferred to the next Committee meeting to allow officers from Education to attend and provide Committee with further education information.

            RESOLVED the report be deferred to the next meeting to allow                    officers from Education to attend and provide further information on             the impacts on education provision.

RESOLVED that in accordance with Council Procedure Rule 33.1, the

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

remaining items of business on the agenda.

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