Decision details

Decision Maker: Chief Executive

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

The terms of the final agreed Section 106 Agreement for the planning application relating to land to the South of The Allotments, Beaumont Road, Great Oakley, Essex CO12 5BA reference number 21/01831/FUL, took place prior to 15th August 2024. However, due to an error on the part of one of the party's solicitors, the executed agreement could not be completed until the Council was in possession of the documentation on 16th August 2024. The Committee resolution and extensions permitted under the Constitution meant the period for completion expired on 15th August 2024. The Assistant Director for Governance, acting in the absence of the Chief Executive, following consultation with the Leader, Chairman and Vice Chairman of the Planning Committee exercised (with the Chief Executives knowledge and permission as his deputy) the powers as set out in Part 3 Schedule 2 paragraph 6 (Part 3.6).
An extension of one day was granted, in the exceptional circumstances, to allow the Section 106 agreement to be completed, for reasons of extreme urgency and to prevent time lapsing on an agreed position between a number of parties, preventing the unnecessary and disproportionate use of further Council resources to take the matter to Planning Committee.

Decision:

The Assistant Director for Governance, acting in the absence of the Chief Executive, following consultation with the Leader, Chairman and Vice Chairman of the Planning Committee exercised (with the Chief Executives knowledge and permission as his deputy) the powers as set out in Part 3.6. An extension of one day was granted, in the exceptional circumstances, to allow the Section 106 agreement to be completed, for reasons of extreme urgency and to prevent time lapsing on an agreed position between a number of parties, preventing the use of further unnecessary and disproportionate Council resources to take the matter to Planning Committee.

Alternative options considered:

Option 1 - not to rely on the powers to grant the extension, this was discounted, as the number of resources required to take the matter back to Planning Committee and delays to all parties concerned, was disproportionate. The terms of the agreement were all finalised and executed, just one copy was not in the Council's possession to complete it.

Publication date: 16/08/2024

Date of decision: 16/08/2024