Agenda item

Recommended for Approval.

The Director of Neighbourhood Services recommended that, in respect of application 3/11/1387/FP, subject to the applicants entering into a legal obligation pursuant to Section 106 of the Town and Country Planning Act 1990, planning permission be granted subject to the conditions and summary of reasons approved by the Committee at its meeting of 12 October 2011.

The Director updated Members regarding the signing of the Section 106 legal obligation on this application.  He stated that the proposals included a single dwelling which, when the plot for it was sold, would finance improvements to Great Hormead Village Hall, Great Hormead.

The Director advised that Officers had sought to control this situation with the legal agreement restrictions detailed in the report now submitted, in particular, a requirement  that the house should not be occupied until the new village hall was occupied and available for use.

The Director stated that the applicant’s solicitor had correctly indicated that the trustees of the village hall were bound by other legislation outside of the planning regulations.  However, the applicants’ Solicitor was concerned that the currently proposed restrictions would prevent the development from coming forward.  On that basis, Officers had recommended that permission could be granted subject to an agreement that specified that the funding could only be used in relation to the proposals contained in this planning application, but did not require completion of the works to the hall in advance of the new house.

The Director advised that additional consultation had not been carried out locally as this report related to a trigger for a Section 106 legal obligation as opposed to a planning application.

The Director stated that Officers could carry out further consultation if Members felt this was necessary, but would prefer to have the Committee’s views as to whether Members were broadly supportive of this application before considering whether to conduct further consultation.

In response to a query from Councillor Mrs R Cheswright, the Director confirmed that the safeguards being proposed by Officers were to ensure that the funding could only be used for the fundamental revitalisation of Great Hormead Village Hall and not for other works that the Great Hormead Village Hall Management Committee might seek to carry out.

In response to a query from Councillor M Newman regarding the alternative approach suggested by the Authority’s solicitor, the Director stated that a further alternative approach to this matter was to require that the proceeds of sale of the residential plot were lodged with East Herts Council.  The legal agreement would then require that details of the arrangements for the subsequent release of the funding should be submitted to and agreed by the Authority. 

The Director advised that the applicant would need to permit East Herts Council to register an interest in the site and any associated costs of this approach would have to be met by the applicant.

Councillor G Jones proposed and Councillor S Bull seconded, a motion that there be no change to the Section 106 Legal Agreement in that the works to the Great Hormead Village Hall must be completed before the new dwelling was occupied.

After being put to the meeting and a vote taken, this motion was declared LOST.

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/11/1387/FP, subject to the applicants entering into a legal obligation pursuant to Section 106 of the Town and Country Planning Act 1990, planning permission be granted subject to the conditions and summary of reasons approved by the Committee at its meeting of 12 October 2011.