Agenda and minutes

To approve as a correct record the Minutes of the meeting of this Committee held on 29 November 2017.

The Minutes of the meeting held on 29 November 2017 were approved as a true and correct record and signed by the Chairman.

To remind Members of the need to record the existence and nature of any personal, disclosable pecuniary or other registrable interests in items on the agenda, in accordance with the Members’ Code of Conduct.

Councillors Richard Crumly and Alan Macro declared an interest in Agenda Item 4(1), but reported that, as their interest was a personal or an other registrable interest, but not a disclosable pecuniary interest, they determined to remain to take part in the debate and vote on the matter.

(Councillor Richard Crumly declared a personal interest in Agenda Item 4(1) by virtue of the fact that he was a Member of Thatcham Town Council and was present at the Town Council meeting when this application was discussed. However, he abstained from commenting on the application at that time. Councillor Crumly stated that he had not predetermined the application and remained of an open mind, he would not form a view on the application until the item had been subject to a full debate. As his interest was personal and not prejudicial or a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.)

(Councillor Alan Macro declared a personal interest in Agenda Item 4(1) by virtue of the fact that he was previously on a Management Committee of an organisation which had entered into a property transaction with the applicant. However, Councillor Macro was no longer on this Management Committee and he believed that the business of this transaction had completed. As his interest was personal and not prejudicial or a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.)

The Committee considered a report (Agenda Item 4(1)) concerning Planning Application 17/02295/MDOPO in respect of an application to modify the planning obligation to discharge the S106 obligation in connection with planning consent 15/02077/OUTMAJ (outline application for development of 26 apartments and 7 houses, matters to be considered: access, layout and scale).

In accordance with the Council’s Constitution, Mr Duncan Crook, applicant, addressed the Committee on this application.

Mr Crook in addressing the Committee raised the following points:

·                    The purpose of this application to modify the planning obligation was to avoid a repeat of the lengthy economic viability process that would be necessary if the obligation for an overage clause was to remain a requirement. This would delay the planning process and would create unnecessary costs for both the local authority and his company.

·                    Mr Crook had brought this application forward to correct what he believed to be a mistake in law as numerous planning appeal decisions across the country had indicated that the imposition of overage clauses was not normally justified, particularly for small housing developments that were likely to be built out quickly rather than phased over time.

·                    An additional Community Infrastructure Levy (CIL) payment of £100k would still be received by the Council over and above the original sum anticipated.

·                    There would also be additional costs in implementing the S106 Agreement and these, together with the CIL surplus payment and inflationary rises, which included construction costs and higher interest payments arising from the imposition of the agreement, would result in additional costs of approximately £300k.

·                    As already explained, a continued requirement for overage would result in further delays to the scheme (approximately four months) and a further delay to bring this back before the Committee (around ten months).

·                    Mr Crook was hopeful that the Committee would approve the application for  ...  view the full minutes text for item 42.(1)

To inform Members of the results of recent appeal decisions relating to the Eastern Area Planning Committee.

A date of 10 January 2018 at 9.30am was agreed for site visits if necessary. This was in advance of the Eastern Area Planning Committee scheduled for 17 January 2018.