Decision details

To enter into a Section 106 agreement in relation to application P/FUL/2021/01920, Install ground-mounted solar panel photovoltaic solar arrays, substations, inverter stations, security fencing, access tracks, landscaping and other ancillary infrastructure, Land at Cruxton Farm, Cruxton Lane, Cruxton, DT2 0EB. This application was refused by the Council on 8 November 2022. The application is currently the subject of an appeal. A Section 106 agreement has been prepared to secure Permissive Path Works (to provide an alternative to the existing Public Right of Way) in the event that the appeal is allowed.

The decision to enter into the Section 106 agreement is taken under delegated powers as set out in paragraph 139 of the Officer Scheme of Delegation: 

To undertake all action relating to any matter arising in respect of any appeal, call-in and/or other inquiry and/or hearing of whatever nature arising pursuant to any Town and Country Planning Legislation including for the avoidance of doubt but without prejudice to generality of the foregoing:

(a) to determine any response required in relation to any procedural issue relating to any such matter including for the avoidance of doubt whether any such matter should be dealt with by means of written representation, hearing or public inquiry;

(b) to determine any procedural issue relating to any such matter including the venue for the holding on any hearing and/or appeal; and/or

(c) to determine whether or not to defend any reason for refusal.

These delegated powers have been passed to the Service Manager for Development Management and Enforcement via the Local Scheme of Nomination for Planning Services – Executive Director of Place.

To enter into a Section 106 agreement in relation to application P/FUL/2021/01920, Install ground-mounted solar panel photovoltaic solar arrays, substations, inverter stations, security fencing, access tracks, landscaping and other ancillary infrastructure, Land at Cruxton Farm, Cruxton Lane, Cruxton, DT2 0EB. This application was refused by the Council on 8 November 2022. The application is currently the subject of an appeal. A Section 106 agreement has been prepared to secure Permissive Path Works (to provide an alternative to the existing Public Right of Way) in the event that the appeal is allowed. 

The decision to enter into the Section 106 agreement is taken under delegated powers as set out in paragraph 139 of the Officer Scheme of Delegation:  

To undertake all action relating to any matter arising in respect of any appeal, call-in and/or other inquiry and/or hearing of whatever nature arising pursuant to any Town and Country Planning Legislation including for the avoidance of doubt but without prejudice to generality of the foregoing: 

(a) to determine any response required in relation to any procedural issue relating to any such matter including for the avoidance of doubt whether any such matter should be dealt with by means of written representation, hearing or public inquiry; 

(b) to determine any procedural issue relating to any such matter including the venue for the holding on any hearing and/or appeal; and/or 

(c) to determine whether or not to defend any reason for refusal. 

These delegated powers have been passed to the Service Manager for Development Management and Enforcement via the Local Scheme of Nomination for Planning Services – Executive Director of Place. 

The Section 106 agreement will be required to secure the Permissive Path Works in the event that the appeal is allowed.

The alternative option of not entering into the Section 106 agreement is not considered appropriate. If the appeal is allowed, then the Section 106 agreement will be required in order to secure the Permissive Path Works.