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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. -2- 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. -3- 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 -4- 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