Councillors Ash, Cox, English, Harwood, Hinder, Nelson-Gracie, Newton and Paterson stated that they had been lobbied.

The Committee considered the report and the urgent update report of the Head of Development Management.

Councillor Mortimer of Tovil Parish Council, Mr Carter of the Coombe Farm and Tovil Development Group and Councillor FitzGerald addressed the meeting in support of a community facility contribution.

RESOLVED:

1.  That the decision set out in Minute 306 (1) of the meeting held on 24 February 2011 be rescinded.

2.  That subject to the prior completion of a Section 106 legal agreement in such terms as the Head of Legal Services may advise to secure the following:-

·  A contribution of £186,306 towards offsite affordable housing;

·  A contribution of £1,575 per dwelling (total of £55,125) for the improvement of the riverside walk or for the improvement of open space within Woodbridge Drive Play Area or, in the event that either all or part of the money is not utilised by either of these facilities within 12 months from the date of the receipt of the monies, the remainder to be used as a contribution to a community facility within 2km of the application site, such facility to be provided within 5 years of the receipt of the monies; and

·  That in the event that the construction of the dwellings has not commenced on site within 24 months from the date of the agreement, the applicants undertake to provide an updated viability assessment to be independently assessed by the District Valuer (or equivalent body) to enable reconsideration to be given to the potential for S106 contributions to be made in relation to the development and secure appropriate contributions accordingly together with the costs of the independent assessment,

the Head of Development Management be given delegated powers to grant permission subject to the conditions and informatives set out in the report.

Voting:  9 – For  2 – Against  1 – Abstention

Note:

1.  Having stated that he had pre-determined this application, Councillor Chittenden did not participate in the voting.

2.  Councillor Harwood requested that his dissent be recorded.