Purpose

To be submitted
to
democraticservices@northnorthants.gov.uk within two working days (by
12 noon) of the decision having been taken.

Record of
Delegated Decision

Decision made
by

 

George Candler

Executive Director of Place and
Economy (Deputy Chief Executive)

Decision
Title

 

Decision to:

1.     
Enter into a legal agreement to
secure planning obligations associated with planning application
reference NC/24/00314/OUT; and

2.     
Exercise delegated powers to issue
the planning decision for application NC/24/00314/OUT.

Date of
decision (same as date form signed)

 

07/01/2026

Key
Decision

 

N/A

Decision

 

Decision to:

1. Enter
into a legal agreement to secure planning obligations associated
with planning application reference NC/24/00314/OUT.

2. Exercise delegated powers to issue the
planning decision for application NC/24/00314/OUT.

Reason/s for
Decision

1. Enter
into a legal agreement to secure planning obligations in order to
mitigate the impact of development proposed under planning
application reference NC/24/00314/OUT; and

2. Demonstrate the requirements have been met to
allow the Executive Director of Place and Economy exercise
delegated powers to issue the planning decision for application
NC/24/00314/OUT

Alternative
options considered and rejected

 

1.  
Not to enter into the legal
agreement. The reason for rejection of the alternative option is
that not entering into the legal agreement would mean that planning
obligations would not be secured therefore the planning permission
could not be granted and the application could not be
determined.

Legal
implications

 

1.     
Planning obligations pursuant to
s106 of the Town and Country Planning Act 1990 (as amended) will be
secured though a legal agreement which enables the authority to
take legal action if planning obligations are not complied
with.

Financial
implications

 

The planning obligations will
secure financial contributions as set out in the planning
officer’s delegated report at Appendix 1.

Other
implications

The s106 summary at Appendix 2
summarises the planning obligations to be secured.

Background
papers considered

Appendix 1 Officer’s
Delegated Report

 

Planning obligations set out in
bullet point list at page 15 of the above report.

 

Declarations/conflict of
interest?

None

Consultation

Consultation carried out in
accordance with Town and Country Planning (Development Management
Procedure) (England) Order 2015) and this informed the planning
obligations that are being secured through the legal
agreement. 

Consultation with Director of Law
and Governance in relation to the legal agreement as required by
North Northamptonshire Council Constitution Part 9.2 Paragraph 11
undertaken by Locum Planning and Highways Senior Solicitor,
Planning Solicitor, pursuant to sub-delegation. 

 

Exempt
Decision?

Not applicable

Signed

George Candler

Executive Director of Place &
Economy (Deputy Chief Executive)

 

Appendices

Appendix 1 Officer’s
Delegated Report

 

Annex 1

 

Key
Decisions

 

1.1.
The definition of a Key Decision
is set out in The Local Authorities (Executive Arrangements)(Access
to Information)(England) Regulations 2000 and is defined
as;

 

1.2.
An executive decision, which is
likely

 

i.           
to result in the relevant local
authority incurring expenditure which is, or the making of savings
which are, significant; or

 

ii.           
to be significant in terms of its
effects on communities living or working in an area comprising two
or more wards or electoral divisions

 

1.3.
The council has decided that
significant expenditure or savings are those amounting to above
£500,000.

 

1.4.
All Key Decisions must be
published on the website 28 days in advance of them being made
unless they are urgent in which case there are processes to follow
which include seeking the notification/approval of the Chair of the
relevant Scrutiny Committee. The Forward Plan enables the public
and all members to understand the key decisions that are going to
be taken and make representations in advance.

 

1.5.
Key Decisions must be published
within 2 clear working days of being made and will be published on
the website.

 

1.6.
Scrutiny Committees have the
ability to call in Key Decisions and any other decisions which have
been included on the Forward Plan and have 5 clear working days to
call in the decision following their publication on the website (in
accordance with the Scrutiny Procedure Rules).

 

Annex 2

 

Descriptions of
Exempt Information

 

Exempt information means
information falling within the following categories (subject to any
qualification):

 

1)           
Information relating to any
individual.

 

2)           
Information which is likely to
reveal the identity of an individual.

 

3)           
Information relating to the
financial or business affairs of any particular person (including
the authority holding that information).

 

4)           
Information relating to any
consultations or negotiations, or contemplated consultations or
negotiations, in connection with any labour relations matter
arising between the authority or a Minister of the Crown and
employees of, or office holders under, the authority.

 

5)           
Information in respect of which a
claim of legal professional privilege could be maintained in legal
proceedings.

 

6)           
Information which reveals that the
authority proposes:

 

(a)         
to give under any enactment a
notice under or by virtue of which requirements are imposed on a
person; or

(b)         
to make an order or direction
under any enactment.

 

7)           
Information relating to any action
taken or to be taken in connection with the prevention,
investigation or prosecution of crime.

 

Qualifications

 

Information falling within the
above descriptions is not exempt information if it is required to
be registered under:

 

(a)    
the Companies Acts (as defined in
section 2 of the Companies Act 2006);

 

(b)    
the Friendly Societies Act
1974;

 

(c)    
the Friendly Societies Act
1992;

 

(d)    
the Co-operative and Community
Benefit Societies Act 2014;

 

(e)    
the Building Societies Act 1986;
or

 

(f)      
the Charities Act 2011

 

Information is not exempt
information if it relates to proposed development for which the
local planning authority may grant itself planning permission or
permission in principle pursuant to regulation 3 of the Town and
Country Planning General Regulations 1992.

Information which falls within any
of the descriptions above; and is not prevented from being exempt
by the previous two qualifications is exempt information if and so
long, as in all the circumstances of the case, the public interest
in maintaining the exemption outweighs the public interest in
disclosing the information.