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Planning obligations secured
through a  Section 106 agreement need to
be agreed in relation to an appeal against non-determination. It is
standard practice that parties agree a Section 106 agreement as
part of the appeal proceedings so that in the event the Planning
Inspector allows the appeal the appropriate planning obligations
will be secured. Save for costs of drafting the agreement, the
planning obligations in the deed are conditional upon: 
 
(a)      the grant of the Planning
Permission pursuant to the Appeal;
(b)      Commencement of the
Development pursuant to the Planning Permission; and 
(c) 
the planning obligations being deemed by the Planning Inspector to
be consistent with Regulation 122 of the Community Infrastructure
Regulations 2010 (as amended)
 
The Section 106 agreement is
based on consultees responses including with the Local Highways
Authority and includes the following planning
obligations:
 
The
following are required prior to first occupation:
Financial Contribution of
£101,500 to be Index Linked and paid to the Council towards
highway improvement schemes at the A43 / Weekley Wood Avenue
junction and the A43 / Rockingham Road junction.
 
Financial Contribution of
£16,000 to be Index Linked and paid to the Council for the
provision of and towards the maintenance of bus shelters at the
local bus stops on the A43 by the Weekley Wood Avenue / Glendon Way
junction.
 
Financial Contribution of
£5,000 to be paid to the Council to cover the Council’s
fees for monitoring compliance with the Travel Plan.
 
Each employee at the date of
first occupation of a unit on the Development will receive a 28 day
‘Megarider’ Travel Card for
Kettering and Corby
 
 
The
following are required during construction:
 
A planning application in
respect of phase 2 must be submitted prior to commencement of
construction of the 5th unit on the Development. Such
application to be in broad accordance with the ‘Illustrative
Masterplan’ included in the Design Development Brief
submitted with the Planning Application. 
 
The B2 general industrial unit
must be practically complete prior to commencement of construction
of the 5th unit on the Development.
 
An estate road, footpath and
cycleway from the Development, through Phase 2 and linking up with
Weekley Wood Lane (A6183) including provision of a footpath and
cycleway crossing Weekley Wood Lane (A6183) to link up with
existing infrastructure to the south to be practically complete
prior to occupation of the 5th unit and this estate road
must be retained and maintained for the lifetime of the development
unless or until the road is adopted by the Council ensuring there
is no ransom strip between the Site and the Phase 2.
 
The owner must retain and
maintain access to the site along the full extent of Weekley Wood
Avenue through to the A43 for the lifetime of the development or
until such time as Weekley Wood Avenue is adopted by the Council
ensuring there is no ransom strip between the Site and the publicly
adopted highway at Weekley Wood Avenue.
 
The owner must use reasonable
endeavours to put in place an apprenticeship scheme relating to the
Development during the construction phase.
 
A Biodiversity Management Plan
(which includes details of the off-site habitat creation, strategy
for management and maintenance of the off-site land and a plan for
monitoring by the Council) shall be submitted within 6 months of
Commencement of the Development.  The
Council must approve the plan within 6 months of receipt and the
Development shall not be occupied until the Biodiversity Management
Plan has been approved by the Council.
 
Biodiversity Works (off-site
habitat creation) undertaken in accordance with the Biodiversity
Management Plan must be undertaken within 2 years of First
Occupation of the Development. 
 
Biodiversity Works must be
maintained in accordance with the Biodiversity Management Plan for
a minimum of 30 years following completion of the works.