Download Report to the Cabinet Member for Sustainable Development

Report to the Cabinet Member for Sustainable Development
Report submitted by: Executive Director of Environment
Part I – Item No. 8
Electoral Division affected:
Rossendale South
Rossendale Borough
Land off New Hall Hey Road, Rawtenstall, Section 106 Agreement
Contact for further information:
Andy Whitlam, 01772 534571, Environment Directorate
Executive Summary
Approval is sought for the County Council to enter into an Agreement under Section
106 of the Town and Country Planning Act 1990, for the payment of a commuted
sum of £350,000 towards sustainable transport facilities and for the provision of a
Travel Plan in connection with the proposed development of land off New Hall Hey
Road, Rawtenstall.
Recommendation
That the County Council enters into a Section 106 Agreement for the payment of a
commuted sum of £350,000 towards sustainable transport facilities and for the
provision of a Travel Plan in connection with the proposed development of land off
New Hall Hey Road, Rawtenstall.
Background
The consultation draft for the revised Planning Policy Guidance Note 13 (PPG13)
advised that, in determining planning applications, where appropriate, local planning
authorities should negotiate for public transport improvements as part of
development proposals, in order to reduce the need to travel by car. It is also made
clear that it is appropriate to use planning obligations to achieve improvements to
public transport.
An agreement under Section 106 of the Town and Country Planning Act 1990 has
been proposed relating to land in connection with the proposed development by
Hurstwood Developments to land off New Hall Hey Road, The Heritage Arcade and
former Soldier and Sailor Club, Rawtenstall.
Rossendale Borough Council’s Planning Committee has approved the planning
permission for the above site subject to various conditions and subject to a Section
106 Agreement to cover related matters.
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The County Council has highlighted the need for good accessibility for all and a
requirement to reduce motorised road vehicles associated with the new
development.
In connection with these aims the developer has agreed to pay the sum of £350,000
to the County Council as Highway Authority towards sustainable transport initiatives.
These measures include:



Ensuring all three sites are provided with direct public transport.
Upgrading public transport provision at the site(s).
Improving, upgrading and provision of pedestrian/cycle routes on local
highway network (including Queens Square gyratory).
These works would be introduced to the satisfaction and in agreement with the
County Council and be implemented as part of and in connection with a Travel Plan.
Although Rossendale Borough Council is the local planning authority for the proposal
it is considered that the County Council should become co-signatory to the Section
106 Agreement in view of the funding package to be paid by the developer to the
County Council. The Executive Director of Environment considers this would be an
appropriate course of action as the funding package is to be used for sustainable
transport facilities.
Consultations
Rossendale Borough Council
Advice
As per the recommendation for the reasons set out in the report now presented.
Alternative options to be considered
N/A.
Implications: e.g. Financial, Legal, Personnel, Human Rights, Crime and Disorder
or Other
This item has the following implications, as indicated:
Financial
The cost of the works would be covered from the funding made available through the
Section 106 Agreement.
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Any representations made to the Cabinet Member prior to the issue being
considered in accordance with the Public Notice of Forward Plans
Name:
Organisation:
Comments:
N/A.
Local Government (Access to Information) Act 1985
List of Background Papers
Paper
Date
Nil.
Reason for inclusion in Part II, if appropriate
N/A.
Contact/Directorate/Ext
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Decision Taken: Declarations
Cabinet Member for Sustainable Development
Rossendale Borough
Land off New Hall Hey Road, Rawtenstall, Section 106 Agreement
This item has been cleared by the: Legal Services Group
: Finance Group
Yes
Yes
Original recommendation, as set out in the report, approved without
amendment.
Yes
Original recommendation amended and decision as follows:
No
I have a personal/prejudicial interest in this matter.
No
If an interest is declared please give details below:
A C P Martin
Cabinet Member for Sustainable
Development
11 January 2007
Chief Officer
I certify that this is an appropriate and
accurate record within the terms of
Standing Order 63(3) and (5) of the
Graham Harding
decision taken by the Cabinet
Executive Director of Environment
Member.
11 January 2007
*Delete as appropriate