Variation of Section 106 Legal Obligation pursuant to SA/02/0278/F.

In accordance with his declaration at Minute 117 Councillor David Roberts left the room, did not take part in the debate and did not vote on this application.

The Planning Services Manager introduced the application for the variation of the Section 106 Legal Obligation pursuant to SA/02/0278/F which had been deferred at the meeting held on 16^th February 2017 and drew Members’ attention to the Schedule of Additional Letters which included a statement from the Chief Executive of the Shrewsbury Town Football Club. Reference was also made to an email received from Sport England withdrawing their objection to planning application 16/00181/FUL – Land at Oteley Road, Shrewsbury. The Planning Services Manager advised that if Members were minded to approve the application an amendment to the management provisions was required to invite Lidl to be included on the match day Liaison Group. He further advised that the suggestion in the officer report at paragraph 5.3.3 that there should be a financial penalty as a fall-back provision if the terms of the revised section 106 agreement were not complied was not now being recommended as it may be self-defeating and therefore should be omitted from the recommendation. It would be up to the Council to enforce the section 106 agreement should that be necessary.

Mr David Kilby, on behalf of the Shropshire Playing Field Association spoke against the proposal in accordance with Shropshire Council’s Scheme for Public Speaking at Planning Committees.

In accordance with the Local Protocol for Councillors and Officers dealing with Regulatory Matters (Part 5, Paragraph 15.1) Councillor Ted Clarke, as local ward Councillor, made a statement and then left the table, took no part in the debate and did not vote on this item. During his statement, a number of points were raised including the following:

·         The suggestion of including Lidl on the match day Liaison Group was an interesting idea;

·         He did not consider the site to be an appropriate location for a retail store; and

·         He was pleased that there would now be a meaningful community facility on the site.

In accordance with the Local Protocol for Councillors and Officers dealing with Regulatory Matters (Part 5, Paragraph 15.1) Councillor Jon Tandy, as local ward Councillor, made a statement and then left the table, took no part in the debate and did not vote on this item. During his statement, a number of points were raised including the following:

·         The proposal provided good facilities for the community;

·         He did not agree with the comments made by the speaker in relation to the requirement of an artificial pitch; and  

·         He did not consider the site to be an appropriate location for a Lidl store but was happy with the benefits for the community.

Mr Brian Caldwell, on behalf of the applicant, spoke in support of the proposal in accordance with Shropshire Council’s Scheme for Public Speaking at Planning Committees.

In response to comments from Members regarding the availability of the community pitch would be available being unrealistic, the Planning Services Manager stated that 100 hours a week was an intensive use of a turf pitch and without floodlights use of the pitch would be limited in winter months..

Having considered the submitted plans for the proposal, the majority of Members expressed their support for the Officer’s recommendation subject to the inclusion in relation to the amendment to the management provisions to invite Lidl to be included on the match day Liaison Group and there not being an additional financial penalty for non-compliance with the section 106 agreement.

RESOLVED:

That delegated powers be given to the Planning Services Manager as per the Officer’s recommendation to draw up a new legal agreement in consultation with the Head of Legal and Democratic Services to vary the previous agreement in regard to following:

·      The position of the training pitch and community pitch;

·      The provision of additional facilities at the new community pitch;

·      A financial contribution of £65,000 to provide new sports facilities or enhance existing sports facilities within the area; and

·      To amend the management provisions to invite Lidl to be included on the match day Liaison Group.