Agenda item

Application

Comprehensive redevelopment to provide 312 residential units, 329 sq.m. commercial floor space, canal side recreational facilities and public realm improvements, including enhanced recreational facilities within the retained open space at Bowyer Playing field.

Decision

1.1  The Committee agreed to an amendment to the original Planning Committee resolution. It was recommended that the requirement for the S106 Agreement to be completed prior to the decision notice being issued, be replaced by the suggested condition, which would require a planning obligation pursuant to S106 of the Act to be entered into prior to the commencement of development (other than site preparation works).

1.2  1.2 That the following condition be included on the decision notice: “No development [other than the Site Preparation Works] shall take place on the Obligation Land unless and until all parties with an interest in the Obligation Land have entered into a planning obligation pursuant to section 106 of the Town and Country Planning Act 1990 (as amended) in order to bind the Obligation Land. This planning obligation must be in the form of, and must secure the same obligations as, the draft planning obligation appended to this decision notice. [For the purposes of this condition “Site Preparation Works” shall mean:

a)  site clearance works;

b)  demolition;

c)  remediation works;

d)  archaeological investigations; 

e)  erection of hoardings and fences;

f)  erection of temporary facilities associated with the construction of the  Development;

g)  site investigations or surveys; and

h)  decontamination works.1 ]

For the purposes of this condition the ‘Obligation Land’ shall mean all that land shown edged red on Plan [x]2 appended to the decision notice. For the avoidance of doubt, the Obligation Land does not include the land shown edged green on Plan [x].

Reason: To ensure that the planning obligations that are necessary to mitigate the impacts of the proposed development are appropriately secured.”

1.3 That the application be deferred for approval by the Planning Manager.