Decision details

Reason for Decision

The variation allows for the transfer to the Parish Council of the open space and facilitates Aster’s timetable in terms of occupying the dwellings. There would be no material reduction in terms of public benefit. The hall, area of play and dwellings would all be provided for within the modified agreement.

Decision

To agree a Section 106 Deed of Variation (application WD/D/20/003294) to vary the original Section 106 Agreement dated 12 July 2016 (in respect of application reference WD/D/15/00425).

The decision is taken under delegated powers identified in paragraph 151 of the Officer scheme of delegation:

To  undertake  all  action  in  connection  with  any  proposal  /  application  for  the  cancellation, revocation,  deletion, modification and/or variation to any agreement, deed, undertaking and/or any other document entered in to wholly or partly pursuant to any Town and Country Planning Legislation provided that such power does not extend to the approval of an application to modify, vary or revoke an agreement or planning obligation:

(a) imposed by an express decision of Planning Committee; and

(b) where in his/her opinion such approval would result in a material reduction of benefit to the community secured pursuant to such agreement or obligation (as the case may be).