Agenda item

Committee considered a report in relation to the above application presented by the Development Management and Land Charges Manager, who gave details of the application and highlighted the location and features of the site and key issues.  The planning application sought the modification of a Section 106 agreement dated 7^th March 2011 and Deed of Variation (DOV) dated 13^th December 2016 linked to an approved residential development off Chesterfield Road, Barlborough known as ‘Hawthorne Meadows’.

An additional representation had been received and was provided in the supplementary document.

Mr. Chris Creighton spoke in favour of the application (the agent).

Mr. Nigel Griffiths was present to answer questions (the applicant), as was Mr. Richard Burns (the advisor).

Moved by Councillor Tom Munro and seconded by Councillor Phil Smith

RESOLVED that for application no. 25/00235/OTHER a Deed of Variation be entered into which allows for the delivery of 12 no. 20% discount sale affordable units on site with cascade provisions to allow for an equivalent financial contribution to be made if not sold within 6 months of marketing, and payment of a financial contribution of £98,548 in lieu of provision secured in respect of agreements relating to the Chesterfield Road, Barlborough site dated 07.03.2011 and deed of variation dated 13.12.2016.

Statement of Decision Process

Officers have worked positively and pro-actively with the applicant to secure the developer contributions required to deliver sustainable development.  This has resulted in the submission of this application to modify the obligations dated 07.03.2011 and deed of variation dated 13.12.2016 in the manner proposed.

Equalities Statement

Section 149 of the Equality Act 2010 places a statutory duty on public authorities in the exercise of their functions to have due regard to the need to eliminate discrimination and advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it (i.e., “the Public Sector Equality Duty”).

In this case, there is no evidence to suggest that the development proposals would have any direct or indirect negative impacts on any person with a protected characteristic or any group of people with a shared protected characteristic.

Human Rights Statement

The specific Articles of the European Commission on Human Rights (‘the ECHR’) relevant to planning include Article 6 (Right to a fair and public trial within a reasonable time), Article 8 (Right to respect for private and family life, home and correspondence), Article 14 (Prohibition of discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property).

It is considered that assessing the effects that a proposal will have on individuals and weighing these against the wider public interest in determining whether development should be allowed to proceed is an inherent part of the decision-making process.  In carrying out this ‘balancing exercise’ in the above report, officers are satisfied that the potential for these proposals to affect any individual’s (or any group of individuals’) human rights has been addressed proportionately and in accordance with the requirements of the ECHR.