Decision details

Decision: To authorise the sealing of a S106 legal agreement to secure:  

• 50% on site affordable housing 

• Bespoke Heathland Infrastructure project 

• Public open space provision, including LAP and LEAP.  

• Financial contribution towards education of £5,880 per 2+ bedroom dwelling, index linked from the date of the committee resolution 

• Financial contribution towards NHS services of £516 per dwelling, index linked from the date of the committee resolution 

• Financial Contribution of £2400 towards bus stop provision 

• Release from the requirements of the Unilateral Undertaking, dated 28 July in respect of appeal ref 6010531. 

In respect of appeal reference 6010531 against the Council’s decision to refuse planning application reference P/OUT/2025/01997.  

The agreement secures obligations which are necessary to make the development acceptable in planning terms, if the inspector is minded to allow the relevant planning appeal. The agreement allows relevant reasons for refusal to be overcome and failure to engage with the agreement may leave the Council liable to the appellant’s costs in respect of the appeal. 

To not engage with the legal agreement process and rely on the appellant’s previously submitted unilateral undertaking. This would not be appropriate as it would not adequately address the reasons for refusal and a failure to seal the agreement at this stage may be considered to be unreasonable behaviour in the context of the appeal which could leave the council liable for some of the appellant’s costs.