Decision details

At its meeting on 13 August 2020 the Western and Southern Planning Committee delegated approval of WD/D/19/001343 (15 affordable dwellings-Drimpton).

The committee resolved:

A) That authority be delegated to the Head of Planning to grant permission subject to the completion of a legal agreement under Section106 of the Town and Country Planning Act 1990 in a form to be agreed by the Legal Services Manager to secure the following:

- To ensure the development remains as affordable housing in perpetuity,

- And to ensure the provision/maintenance of the footpath link to the public right of way

- And subject to receipt of an acceptable adjusted highways layout plan (resulting in amended plans list (condition 1) and amended layout plan reference on condition 10 (levels) and subject to the conditions outlined in the appendix to these minutes.

B) Refuse permission for the reasons set out below 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 resolution of such extended time as agreed by the Head of Planning:

1. In the absence of a completed s106 legal agreement the development would not ensure the dwellings are provided as affordable housing. Hence the development would be contrary to policy HOUS2 of the West Dorset, Weymouth and Portland Local Plan (2015) and the National Planning Policy Framework (2019). Furthermore, this would not ensure the new pedestrian link to the right of way is provided and maintained. Hence this would be contrary to policy COM7 of the adopted Local Plan (2015) and the National Planning Policy Framework (2019).

The delegated authority required receipt of an amended layout plan in order to address highway adoption requirements. That plan is now received and is acceptable: 7446-10-001Y. In addition, a S106 agreement is close to being finalised to ensure that the development remains as affordable housing in perpetuity and to secure the provision / maintenance of the footpath link to the public right of way.

Given that the S106 is close to completion, I am content to agree an extension of time to the initial 6-month period, to allow completion of the agreement.

All matters have been addressed as set out in the committee resolution, and officers can therefore proceed to issue the planning permission.

To comply with the scheme of delegation requirements.

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