Agenda item

Planning Application No. 20/0439/MDO - Pinhoe Quarry, Harrington Lane, Exeter

To consider the report of the Director City Development, Housing and Supporting People.



The Principal Project Manager (Development) (MH) presented the application to modify the Section 106 Agreement Under the Town and Country Planning Act 1990 (As amended) related to Outline Permission Ref 10/2088/OUT (the Section 106 Agreement).


The Principal Project Manager (Development) stated that the Planning Obligation was for the payment of the 'Exhibition Way Link Contribution' and “Sustainable Transport Contribution” required by the First Schedule of the Section 106 Agreement (dated 3rd February 2012) associated with planning application 10/2088/OUT in light of the changed circumstances and impact on the viability of the scheme. The modification sought to amend the obligation by a) reducing the amount of the contribution, b) redefining the purpose of the reduced contribution, and c) altering the trigger relating to the payment of the contribution. The modifications would replace the ‘Exhibition Way Link Contribution’ with a ‘Beacon Lane Enhancements Contribution’ and reduce the ‘Sustainable Transport Contribution’ to reflect works that had already been completed.


The Principal Project Manager (Development) set out the history to the site and the application for full permission for re-profiling of quarry to provide platform for accommodation of residential development and outline permission for up to 380 residential units, community facilities, shop, associated open spaces (including allotments) and infrastructure, reported typographical errors within the report as set out in the update sheet and explained that the relevant Section 106 obligations would continue to meet the necessary tests for planning obligations as set out in the guidelines of the National Planning Policy Framework. He advised that the applicant had provided a covering letter setting out the change in circumstances behind the request to modify the Section 106 Agreement, commentary on continued relevance of the obligations it was sought to modify and the proposals for the modifications.


Responding to Members’ queries, he advised that:-


·         the changes sought to the Section 106 Agreement related solely to highways matters and not other elements within the Agreement;

·         in light of the decision on the Village Green application at Exhibition Fields, the Exhibition Way Link Road was no longer deliverable. As a result, enhancements to Beacon Lane were proposed as measures to mitigate the impact of the development as an alternative;

·         in modifying the Section 106 Agreement, regard had been made to sustainable transport works already undertaken, including works to the frontage of the site, as part of the Section 278 of the Highways Act1990. Accordingly, no extra charge had been imposed on the developer.


The Highways Development Management Officer advised that consultations would be undertaken on the detail of the Beacon Lane improvements which would take the form of various traffic calming measures and schemes to improve safety for pedestrians and cyclists with appropriate signage and would meet the tests relevant to the Pinhoe Area Access Strategy.


The recommendation was for approval to modify the Section 106 Agreement with a secondary recommendation to refuse, if the Deed of Variation was not completed within the requisite timeframe.


The recommendation was moved and seconded and carried.


RESOLVED that the Service Lead City Development be authorised to:-


(1)  modify the completed Section 106 Agreement Under the Town and Country Planning ACT 1990 (As amended) as follows:-


  • Delete all provisions relating to Exhibition Way and the Exhibition Way Contribution;
  • Introduce a new “Beacon Lane Enhancements Contribution” in the sum of £907,387 towards the delivery of the Beacon Lane enhancements as set out in the Pinhoe Area Access Strategy Addendum 2019;
  • Replace the current definition of the Sustainable Transport Contribution with a revised definition - ‘Sustainable Transport Contribution’ - meaning a contribution of £20,000 towards the provision of two bus shelters and a contribution of £6,236 towards the provision of cycle stands at key Pinhoe locations;
  • Amend the indexation formula so that the Beacon Lane Enhancements Contribution and the Sustainable Transport Contribution will be indexed from the date of the 2nd Deed of Variation (DOV) rather than the Original Agreement; and
  • Provide for both payments in the amended obligations to be made within three months of the date on which the 2nd DOV is completed.


The modified Section 106 contributions to be index linked from the date of completion of the Deed of Variation.


(2)  refuse permission for the Section 106 Agreement under the Town and Country Planning Act 1990 (As amended) modifications for the reason set out below if the deed of variation is not completed by 29 September 2021 or such extended time as agreed in writing by the Service Lead City Development:-


In the absence of a completed Deed of Variation within the specified timeframe the continued relevance of the proposed modifications would need further assessment and consideration by way of a further application.


Supporting documents: