Minutes:
The Development Management Team Leader provided a brief resume of the planning application and the recommendations of Officers.
The Senior Solicitor reminded Members at this point of Section 84 of the Law of Property Act and in particular ‘upper chamber’ which can formally / legally remove a restriction if they consider the restriction impedes some reasonable user of land. He advised that this should be considered by the Council.
The Chairman then proposed recommendation (i) be agreed as set out in the report to the Council. This was duly seconded.
In accordance with Procedure Rule No. 13 (3) Councillor S J Savage requested a recorded vote. This was duly seconded by Councillor M W Helm.
The Council then voted on recommendation (i) as set out in the report as follows:
For the recommendation:
Councillors Mrs B F Acevedo, E L Bamford, B S
Beale, R G Boyce, R P F Dewick, M F L Durham, A S Fluker, M S
Heard, H M Helm, J V Keyes, Miss M R Lewis,
M R Pearlman, N R Pudney, Mrs N G F Shaughnessy, Rev. A E J
Shrimpton,
A K M St. Joseph and Mrs M E Thompson.
Against the recommendation:
None
Abstention:
Councillors H M Bass, Mrs P A Channer and S J Savage.
Recommendation (i) was therefore agreed.
Councillor Miss M R Lewis proposed that recommendation (ii) as set out in the report not be accepted. This was duly seconded and the voting was as follows:
For the recommendation:
Councillors Mrs B F Acevedo, E L Bamford, B S
Beale, R G Boyce,
Mrs P A Channer, R P F
Dewick, M S Heard, H M Helm, J V Keyes,
Miss M R Lewis, M R Pearlman, N R Pudney, S J Savage, Mrs N G F Shaughnessy, Rev.
A E J Shrimpton, A K M St. Joseph and Mrs M E Thompson.
Against the recommendation:
None
Abstention:
Councillors H M Bass, M F L Durham and A S Fluker.
Recommendation (ii) was therefore not agreed along with the variation to the Section 52 Agreement.
RESOLVED
(i) the Local Planning Authority resolves to refuse to determine the application for the variation of a legal agreement pursuant to Section 106A of the Town and Country Planning Act 1990;
(ii) the Local Planning Authority resolves not to voluntarily vary the existing Section 52 Agreement because the covenant about non-development still had a planning purpose on the grounds that the land was outside the development boundary.