Agenda item

7.1

The Director of Development Services submitted a report seeking authority to enter into a deed of variation, to effect the deletion of an unnecessary and unworkable planning obligation, which formed part of the planning permission for the construction of a bio-mass fired renewable energy plant, with associated flood management works, landscaping and improvements to an exisiting access, in respect of land at Alsing Road, Blackburn Meadows (Case No. 08/01225/OUT).  The report stated that the modification was in respect of a required highway access that was not practicable due to topographical and flood risk issues.

7.2

The former Section 106 Legal Agreement dated 23 September 2008 and the proposed varied Agreement were attached to the report now submitted.

7.3

RESOLVED:  That (a) the deletion of clause 1.7 of schedule 2 contained within the Section 106 Agreement, dated 23 September 2008 and attached to Planning Permission Case No. 08/01225/OUT, by entering into a deed of variation of planning obligations as attached to the report now submitted or in a substantially similar form, be authorised; and

(b) The Director of Legal and Governance be authorised to take all steps necessary to effect the variation to the Section 106 Agreement, including applying the City Council’s common seal to the deed of variation of planning obligations.