Offer of Section 106 Agreement obligation in relation to enforcement action against the creation of a surfaced track on land at Mickleden Edge, Midhope Moor, Bradfield
- Meeting of Planning Committee, Friday 30th October 2020 10.00 am (Item 98/20)
- View the background to item 98/20
The Director of Conservation and Planning introduced the report and clarified that the reason for the report was that Officers do not have the authority to agree a S106 obligation if it is not part of a planning application. The S106 offer set out in the report was a response to an Enforcement Notice to remove the track and an appeal by way of public inquiry.
The following spoke under the Authorities Public Participation Scheme:
· Mr M Milinkovic, Objector – statement read out by Democratic Services
· Mr S Rippon, Objector – statement read out by Democratic Services
· Mr T Thompson, Objector – statement read out by Democratic Services
· Mr D Sissons, Objector – live telephone call
· Mr H Folkard, Supporter – statement read out by Democratic Services
· Mr Bob Berzins, Supporter – statement read out by Democratic Services
Cllr D Chapman left the meeting at 11.35
There was a temporary break in the meeting at 11.45 for 5 minutes due to technical issues.
Members agreed with the proposed action. Although there was a likelihood of some further delay in securing removal of the track matting, this was acceptable in that the proposed terms would provide more certainty of outcome and likely save costs,
A motion to approve the Officer recommendations as set out in the report was moved.
Cllr M Chaplin declared a personal interest as he knew Mr Berzins and had discussed the matter with him around 15 months ago but had not pre-determined his view.
The motion to approve the officer recommendation as set out in the report was seconded, put to the vote and carried.
Cllr K Potter left the meeting at 11.55
1. That the offer of a section 106 obligation in respect of the Appeal relating to the creation of a track, Midhope Moor, Langsett (PINs ref no: APP/M9496/C/18/3215789) be accepted, subject to the omission of the clause requiring the Authority to waive its power to decline to determine a future application.
2. The detailed wording of the section 106 obligation to be delegated to the Director of Conservation and Planning in consultation with the Head of Development Management, and the Head of Law.
- Midhope Moor S106.JRS JEN CHECKED, item 98/20 PDF 311 KB
- midhope Appendix 1 - Committee Report 2018, item 98/20 PDF 411 KB
- midhope Appendix 2 - Enforcement Notice and Plan, item 98/20 PDF 401 KB