Issue - decisions

Decision-maker:

Councillor Rachel Bailey

Decision taken on:

22 April 2013

Decision in the matter of:

Discharge of Section 106 Agreement to 62561P

DECISION:

That permission be granted to Discharge of Section 106 Agreement to 62561P, Springbank Farm, Fanshawe Lane, Henbury

Background:

To seek the approval of the Portfolio Holder for the discharge of a Section 106 Agreement, which restricts occupancy of the existing dwelling at Springbank Farm Fanshawe Lane, Henbury to an agricultural worker. The Section 106 Agreement also restricts the dwelling to be sold off separately from the land associated with the agricultural unit. The applicants now seek to release Springbank Farm from the obligation following approval of application, 12/2775M, which was an application to remove the agricultural occupancy condition attached to permission 62561P.

The discharge of the Section 106 Agreement is considered to be acceptable in planning policy terms as the principle of the removal of the occupancy condition i.e. unfettered dwelling (C1 use) has been established by the removal of the occupancy condition. On this basis, it is not considered reasonable or necessary to refuse to remove the Section 106 Agreement

It is recommended that the Interim Monitoring Officer discharge the section 106 Agreement by Deed of Agreement with the current landowner (the same landowner who entered into the 1991 Agreement).

Background

Documents:

The background papers relating to this matter may be inspected by contacting the report writer.

Approved:

 Councillor Rachel Bailey 

(Cabinet Member)

Date:

  22 April 2013

Advising Officer:

Louise Whinnet

Title:

Senior Planning Officer