Agenda item

To receive details of planning updates as appropriate.

Public Participation

A statement from Helen Stuckey in opposition to the proposal was read.

A statement from Steve Perry, CAUSE, in opposition to the proposal was read.

A statement from Chris Caswill in opposition to the proposal was read.

A report was received from Sarah Marshall, Senior Solicitor, updating the Committee in respect of application 15/12351/OUT: Land at Rawlings Farm, Cocklebury Lane, Chippenham. Details of five statements received opposing the proposal were provided to the Committee. Questions were received and verbal responses provided, as detailed to these minutes at Appendix 1;

At its meeting on 16 September 2020 the Committee resolved to defer and delegate to the Head of Development Management to grant outline planning permission for this development subject to the prior completion of a
Section 106 agreement within six months of the date of the committee resolution. The resolution went on to state that in the event that the applicant declines to enter the agreement and/or it becomes clear that they will not do so, then to refuse planning permission on the grounds that the proposal fails to provide and secure the necessary and required services and infrastructure.

It had not been possible for the S106 to be signed within the six months detailed, due to the strategic and complex nature of the site, including some delays with the Applicant’s engagement  with landowners. However, the lack of agreement had not been due to the applicant declining to do so or it becoming clear they would not do so, as specified in the original resolution. It was also confirmed that the conditions agreed by the Committee remained, and the affordable housing element remained at 40%. There had been no changes to material considerations of the site or application itself, which had been fully considered by the Committee when making its resolution, and the update was not a reopening of the merits of that decision.

It was stated that the draft S106 agreement was almost ready for engrossment, the finalisation of the agreement, and the applicant had indicated to officers that they should be in a position to sign within a few weeks.

Accordingly, it was recommended that the period allowed for completion of the agreement be extended until 31 October 2021.

Statements as detailed above were read opposing the recommendation to extend the delegation to enable signing of the agreement.

A statement from the local unitary member, Councillor Dr Nick Murry, was also read opposing the recommendation and a response is attached at Appendix 1.

The Committee debated the report. It was considered that in the circumstances an extension was appropriate, though there were comments on how the initial resolution could have been more effectively drafted to avoid a situation where it had been unclear whether the item should be refused or extended, and how soon the extension could have been sought. It was debated whether an extension to October 2021 was necessary or appropriate, and it was agreed to amend the recommendation to make clear if the S106 had still not been signed by the end of the period, the application should come back to the Committee for determination.

On the motion of Councillor Howard Greenman, seconded by Councillor Adrian Foster, it was therefore,

Resolved:

To extend the period allowed for the completion of the S106 agreement for application 15/12351/OUT until 31 October 2021. If the agreement was not signed by that date, the application would be brought to Committee for determination.

Councillor Ernie Clark left the meeting at 1440 ahead of the vote on the resolution.