Issue - meetings

Approval of conditions pursuant to condition 42 (boundary treatment) attached to planning permission HGY/2012/2128.

RECOMMENDATION: discharge condition 42 (boundary treatment) attached to planning permission HGY/2012/2128 subject to s)106 legal agreement.

The Committee considered a report on the application to approve the details pursuant to condition 42 (boundary treatment) attached to planning permission HGY/2012/2128. The report set out details of the proposal, the site and surroundings, planning history, relevant planning policy and analysis, and recommended to discharge condition 42 attached to planning permission HGY/2012/2128 subject to a s)106 agreement. 

The planning officer gave a short presentation highlighting the key aspects of the report which had been submitted for Committee consideration as it required a variation to the s)106 agreement associated with the original permission. It would be necessary to enter into a legal agreement with the applicant as the boundary treatment of part of the site would be temporary, with the new temporary southern boundary wall removed and replaced by a more appropriate boundary treatment as and when the adjoining site came forward for redevelopment. This interim wall would ensure the stability of the existing wall on the adjoining Sainsbury’s site.

The Chair moved the recommendation contained within the report and it was

RESOLVED

• That planning application HGY/2013/2169 be approved to discharge condition 42 (boundary treatment) attached to planning permission HGY/2012/2128 subject to a s)106 agreement that secures the following:

1.    The boundary treatment approved shall be retained only for a temporary period (until the adjoining site(s) is redeveloped)

2.    The owner will not unreasonably withhold their permission for the developer of the adjoining site(s) to come onto their land and remove the wall on their land and erect a replacement boundary treatment, such detail to be first agreed in writing with the Local Planning Authority.

3.    That the replacement boundary treatment will be erected at no expense to the owner of the Brook House or school site.