Agenda item

Variation of a S106 Unilateral Undertaking.

Hertford Town Councillor Matthew McCormick addressed the Committee in opposition to the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/0236/SV, a variation of the Section 106 unilateral undertaking (reference 3/11/0236/SV) dated 21January 2008 pursuant to planning permission 3/07/1546/FO to omit Clause 5.1 removing the requirement to provide a Car Club, be grantedsubject to the new clauses detailed in the report now submitted.

The Director advised that Officers were able to support this application to vary the legal agreement so that the requirement for the provision of a car club was removed.  Members were advised that the car club provision would be replaced by a requirement to provide two additional parking spaces for the residents of Spencer Street.

Members were referred to the additional representations schedule in respect of the payment of £5,556 to Hertfordshire County Council.  The Director advised that the Officers’ recommendation no longer needed to include the provision of a financial contribution towards the provision of a car club in Mead Lane.

Councillor S Rutland-Barsby expressed every sympathy with the concerns of Councillor McCormick.  She referred to the problems resulting from the actions of the appeal inspector and also the fact that Spencer Street was not an adopted road.  She also commented that it did not seem proper that every resident had to agree before parking restrictions could be put in place.

Councillor M Newman stated that refusing this application would not solve the parking problems on Spencer Street.  He commented on whether it would be possible to place on obligation on the developer to implement a private parking scheme solely for the residents of Spencer Street.

The Director advised that, as with any obligation, Officers would have to ensure this was reasonable and could reasonably be associated with a development.  Officers explained that no evidence had been put forward that the parking problems on Spencer Street were as a result of the Elder Court development and would not have occurred in any event.

The Director stressed that it would be reasonable to assume there was considerable parking pressure in this area due to the proximity of nearby employment and Hertford East train station.

Members were advised that it would be unreasonable to impose an obligation on a developer without the clear evidence of a link between the Elder Court development and parking problems in Spencer Street.  Members were reminded that any agreement would have to have the unanimous agreement of all the residents and associated landowners and owners of property.

After being put to the meeting and a vote taken, the Committee accepted the recommendation of the Director of Neighbourhood Services that in respect of application 3/11/0236/SV, a variation of the Section 106 unilateral undertaking (reference 3/11/0236/SV) dated 21January 2008 pursuant to planning permission 3/07/1546/FO to omit Clause 5.1 removing the requirement to provide a Car Club, be grantedsubject to the first clause detailed in the report now submitted.

RESOLVED – that, in respect of application 3/11/0236/SV, a variation of the Section 106 unilateral undertaking (reference 3/11/0236/SV) dated 21 January 2008 pursuant to planning permission 3/07/1546/FO to omit Clause 5.1 removing the requirement to provide a Car Club, be granted subject to the first clause detailed in the report now submitted.