Planning Obligation under Section 106 of the Town and Country Planning Act 1990, for Planning Application 22/00885/OUT (Land North of Ashford House, Ashton Road, Lancaster, Lancashire)

April 16, 2024 Director of Highways and Transport (Officer) Approved View on council website

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Summary

...to authorise the Director of Corporate Services to enter into a Section 106 agreement for planning application 22/00885/OUT, obligating the developer to pay £512,416.00 for highways and transport mitigation.

Full council record

Purpose

Approval is sought for the County Council to enter into an agreement under Section 106 of the Town and Country Planning Act 1990, for an obligation for the developer to pay a sum of £512,416.00 to mitigate the impact of the development and make it acceptable in Highways and transport terms.

When consulted by Lancaster City Council on a planning application for the erection of to 70 dwellings with public open space and associated infrastructure and creation of a new access, the Local Highway Authority recommend approval of the proposed development subject to suitable mitigation being provided. However, Lancaster City Council's Planning Committee refused the application on multiple grounds, and this was appealed by the applicant. The Appeal Reference for this site is APP/A2335/W/23/3335117 and the Public Inquiry will commence on Tuesday 16th April 2024. Highways and Transport has now been overcome as a matter of dispute following further work undertaken by the applicant and the provision of the agreed highways mitigation.

Authority to take this decision has been delegated to the Head of Service – Highways by the Cabinet Member for Highways and Transport.

Decision

John Davies, Head of Service Highways Network Management, took the decision that the Director of Corporate Services is authorised to enter into an agreement under Section 106 of the Town & Country Planning Act 1990 in connection with the proposed development, providing for obligations on the owner or developer of the land to pay a sum of £512,416.00.

Supporting Documents

Report.pdf

Details

OutcomeRecommendations Approved
Decision date16 Apr 2024