Agenda and draft minutes

To receive any apologies for absence.

Apologies for absence had been submitted from Councillors Hall and Murphy.

To receive details of any changes in membership.

Councillor Callister had attended as a substitute for Councillor Murphy and Councillor Worthington had attended as a substitute for Councillor Hall.

To receive declarations of interest by Members of interests in respect of items on this Agenda, and to consider any dispensations.

Members may however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

Councillor Callister declared an interest in planning application number 2023/0684 - Land opposite Greenhills Pond, Greystone Lane, Dalton-in-Furness as he is a Dalton South Ward Councillor.

Councillor McEwan also declared an interest in planning application number 2023/0684 - Land opposite Greenhills Pond, Greystone Lane, Dalton-in-Furness as he and the applicant are Directors of Zest Cumbria CIC.

To consider whether the press and public should be excluded from the meeting during consideration of any item on the agenda.

RESOLVED:- That the press and public not be excluded during consideration of the items on the agenda.

To receive the minutes of the previous meeting held on 12th March, 2024 (copy enclosed).

The minutes of the meeting held on 12th March, 2024 were agreed as a correct record.

Any Member of the public who wishes to make representations relating to an item on the agenda for this meeting should apply to do so no later than 0:01am (one minute past midnight) three working days before the date of the meeting.  Anyone wishing to make representations to this meeting should contact the officer named on the front of the agenda, providing a written summary of the issues they intend to raise

No representations had been received.

To consider an application to modify a planning obligation made under S106 of the Town and Country Planning Act 1990 - by the removal of the requirement to provide the four affordable units (planning application ref. B07/2019/0737) on Land opposite Greenhills Pond, Greystone Lane, Dalton-in-Furness.

From Mr Tim Jones, Harry Barker Properties Ltd in respect of an application to modify a planning obligation made under S106 of the Town and Country Planning Act 1990 by the removal of the requirement to provide the four affordable units (planning application 2019/0737) on Land opposite Greenhills Pond, Greystone Lane, Dalton-in-Furness and to replace it with an obligation to pay a financial contribution of £63,000 towards off-site affordable housing, as shown on planning application number 2023/0684.

The Chairman introduced the item, and there followed a presentation by the Principal Planning Officer that summarised the agenda report followed by Members’ debate during which the Council’s solicitor re-iterated and explained further the legal context.

A Member stated that the developer was obligated by the S106 agreement to construct the 4 affordable units; that the affordable units were still required and the developer should be made to fulfil the obligation as there was a shortage of affordable homes. He voiced his concern that removing them would set a precedent that could result in similar applications.  He also felt that the contribution of £63,000 was too low.

It was moved by Councillor Callister to require the developer to fulfil the agreement to build the affordable homes.

It was moved by Councillor McEwan to refuse the application as there must be a provision of affordable homes.

It was further moved by Councillor Cassidy to defer the application to allow more information to be brought back to the Committee regarding schemes where there were affordable homes.

Councillors expressed the view that deferring the application for more information would result in the Committee being in the same position.

After further debate and advice from Officers, it was moved by Councillor Callister and seconded by Councillor McEwan that the request to vary the Section 106 obligation be refused because the Section 106 agreement was a material consideration and given due weight when the planning permission was granted for the development, and it continues to serve the same planning purpose today in that it would provide much-needed affordable dwellings. The four affordable housing dwellings should be provided on the site as part of the development in accordance with the Section 106 obligation. Upon being put to the vote it was,

RESOLVED:- That the request to vary the section 106 obligation be refused because the section 106 agreement was a material consideration and given due weight when the planning permission was granted for the development, and it continues to serve the same planning purpose today in that it would provide much-needed affordable dwellings.  The four affordable housing dwellings should be provided on the site as part of the development in accordance with the section 106 obligation.

To consider any urgent items of business.

There were no urgent items for consideration on this occasion.