Agenda item

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 application. Councillor Neil Gethin had requested that the proposal be decided by the Planning Committee and Councillor Richard Allan Jones had objected to the proposal.

In accordance with Planning Guidance ‘Having Your Say at Planning Committee’, Mr Robin McGinn, Persimmon Homes (the applicant), spoke in support of the application for the duration of up to 5 minutes.

In accordance with Planning Guidance ‘Having Your Say at Planning Committee’, Mr Phil Midgely, spoke in opposition to the application for the duration of up to 5 minutes.

In accordance with Planning Guidance ‘Having Your Say at Planning Committee’, Councillor Majid Khan (on behalf of Councillor Neil Gethin) spoke in opposition to the application for the duration of up to 5 minutes.

A representative from Network Rail was also present at the meeting to answer any questions.

Subsequently, it was MOVED by the Chair, Councillor Iris Beech and seconded by the Vice-Chair, Councillor Sue McGuinness that the Deed of Variation to the Section 106 agreement to allow up to 250 dwellings to be occupied be approved prior to the underpass being in place.

A vote was taken on the proposal made by the Chair, Councillor Iris Beech which was declared as follows:-

For                  -           2

Against          -           4

Abstain          -           0

On being put to the meeting, the motion proposed by the Chair, Councillor Iris Beech FELL.

Subsequently, an amendment to the MOTION was MOVED by Councillor Mick Cooper and seconded by Councillor John Healy that the Deed of Variation be deferred for further clarification on the contractual arrangements and timescales for delivery of the underpass, for further clarification on the points raised by Mr Midgely and for consideration of other pedestrian routes that could be used as an alternative to the underpass.

A vote was taken on the amended proposal made by the Councillor Mick Cooper which was declared as follows:-

For                  -           6

Against          -           0

Abstain          -           0

On being put to the meeting, the amendment to the motion proposed by the Chair, Councillor Mick Cooper was declared CARRIED.

RESOLVED that the Deed of Variation be deferred for further clarification on the contractual arrangements and timescales for delivery of the underpass, for further clarification on the points raised by Mr Midgely and for consideration of other pedestrian routes that could be used as an alternative to the underpass.