Decision details

Decision:

To grant planning permission for application P/MPO/2024/02946, Land East of New Road, West Parley, Dorset, once the associated Section 106 agreement has been completed.

Application P/MPO/2024/02946 seeks to modify the legal agreement dated 18 February 2021 (associated with planning application 3/17/3609/OUT) relating to Land East of New Road, West Parley.

This application was considered by the Eastern Area Planning Committee on Wednesday 18 December 2024. The committee resolved the following:

That permission be granted subject to the completion of a legal agreement under section 106 of the Town and Country Planning Act 1990 (as amended) in a form to be agreed by the legal services manager to amend planning conditions as follows and with the addition that the SANG management plan also be required to include safe access for the public during construction of the whole development across the 2ha SANG entrance area to the eastern SANG with details delegated to the Head of service in consultation with the Committee chair: - Swap the references to SANG A and B on Plan 1. - Reverse references to SANG A and B in the definitions (where there is a distinction in the wording between the two types of SANG). - Reverse the Successors in Title paragraphs 7.3.3 and 7.3.4. - Reverse the definitions in Schedule 6 (including the certificate/practical completion and step-in maintenance contribution references). - Swap S6 Parts 2 and 3 and reverse the SANG references therein. - Mechanism inserted to secure the 2ha of temporary grassland is planted across the old SANG A (what will be SANG B). - Secure delivery of local equipped area for play (LEAP) by July 2025. - Amend SANG delivery trigger to prior to the occupation of the 49th dwelling. 

Or

Refuse permission if the legal agreement under section 106 of the Town and Country Planning Act 1990 (as amended) is not completed by (6 months from the date of the committee) or such time as agreed by the Head of Planning.

The SANG management plan has been updated to include safe access for the public during construction of the whole development across the 2ha SANG entrance area to the eastern SANG, as required by the committee resolution. Cllr David Tooke, Chair of the Eastern Area Planning Committee, has confirmed that the updated SANG management plan is acceptable. The S106 Deed of Variation is now ready for sealing, and as such, it is appropriate to issue the planning permission in line with the committee resolution, once the S106 agreement is completed. 

There are no reasonable alternative options, as the planning committee resolved to approve the application subject to updates to the SANG Management Plan, which have now been made.

Any conflict of interest declared by any member consulted: Cllr David Tooke was consulted and did not declare any conflict of interest.