Agenda item

Members to consider the request to vary a Section 106 Agreement.

 

Contract Officer:  Planning and Development Manager

 

Minutes:

The Planning and Development Manager introduced the report and provided Members with a summary of the planning application number 19/01132/VLA and the reason it was on the agenda for consideration.

 

He confirmed that request to vary a Section 106 Agreement was considered by the Development Control Committee at its meeting on 12th August 2020.  At the meeting the Committee expressed its concern over the proposal to remove the open space on the roof of the White Building car park from the transfer to the Council and for the area instead to be managed by a private management company due to the potential for additional maintenance costs that may be incurred falling on residents.

Members were content with the recommendation for the removal of the thin strip of landscape verge at the front of the site bounding Kingsclere Road from the previously approved public open space provision (and thus from the public open space transfer since this area was now required by Hampshire County Council Highway Authority and had been dedicated as highway within the Section 278 Highways Agreement) and to make a financial contribution towards off-site public open space in lieu.

 

Following this, the description of the proposed variation had been amended to include legal mechanisms to allow the Council's ongoing maintenance and management of the Public Open Space above the roof of the White Building, whilst still proposing the removal of the landscape strip from the Kingsclere Road frontage, with a financial contribution to off-site public open space in lieu. 

 

The amended clauses within the Deed of Variation effectively gave a

covenant to grant the Council a right of access to maintain the open space above the White Building underground car park at the Council’s expense in perpetuity (without taking on any liability for the carpark) rather than the Council taking a transfer of the land.

The revised wording now proposed within the Deed of Variation responds

positively to the concerns raised by Members of the Development Control Committee at its meeting on 12th August 2020.  It was therefore recommended that the request to vary the terms of the original Section 106 Agreement secured under the outline permission (14/00865/OUT) and subsequent Deed of Variation in relation to the White Building (17/02279/FUL), be approved.

 

The Committee discussed the report and congratulated the officers for their work in finding a solution.

 

RESOLVED that:  The applicant be invited to enter into a Deed of Variation (in accordance with the Community Infrastructure Levy Regulations 2010 and Policies CN6 and EM5 of the Basingstoke and Deane Local Plan 2011-2029) between the applicant and the Borough and County Councils to secure:

·          Secure legal mechanisms to allow the Council’s ongoing maintenance and management of the Public Open Space above the roof of the White Building car park;

 

·         Remove a thin strip of landscape verge at the front of the site bounding Kingsclere Road from the previously approved public open space provision (and thus from the public open space transfer since this area is now required by Hampshire County Council Highway Authority and has been dedicated as highway within the Section 278 Highways Agreement) and make a financial contribution towards off-site public open space in lieu.

 

Supporting documents: