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181121 | Alleged Breach of Section 106 Section 106 Agreement dated 27 July 2016, clause 4.3 - To pay the Council’s Planning Admi



Date Published Document Type Measure Drawing Number Description View
21 Nov 2018 Legal Agreement Cannot Measure Document  OFFICER REPORT FOR NOT PURSUING ADMIN FEE FOR S106 View Document

http://planning.cornwall.gov.uk/online-applications/files/A78B25337D3836...


 

CORNWALL COUNCIL

DEVELOPMENT MANAGEMENT

DELEGATED ENFORCEMENT REPORT

Reference No:

PA14/02920, Section 106 Agreement dated 27 July 2016

Site Address:

Hayle Rugby Club, 10 Marsh Lane, Hayle TR27 5HX

Alleged Breach:

Breach of Section 106 Section 106 Agreement dated 27 July 2016, clause 4.3 - To pay the Council’s Planning Administration fee of £3750.00 on completion of this Deed.

Interested Parties:

Hayle Rugby Football Club, Memorial Park, Marsh Lane, Hayle TR27 4PS

Site Description:

Outline application with some matters reserved for proposed development of up to 15,539 sq.m. (gross) retail development (A1/A3), associated infrastructure, access arrangements, servicing, parking and landscaping.

Description of the Breach of Planning Control:

Breach of Section 106 Section 106 Agreement dated 27 July 2016, clause 4.3 - To pay the Council’s Planning Administration fee of £3750.00 on completion of this Deed.

Conclusion & Recommendation

The company secretary at Hayle Rugby Football Club Ltd was issued with a 30 day Notice that Payment was Due letter on the 02 September 2016 and then a 7 day reminder on the 29 May 2018. There is an e-mail confirming that the club will not be paying the fee; please see below:

Further to your letter of the 30th April to the Secretary of Hayle Rugby Club I would confirm that all communication in this regard should come to the writer.

The current position is that it is highly likely given the changing economic and retail climate in the UK that a further application will be submitted with regard to this site to better reflect the changes in the retailing sector that have occurred in the last two years. It is unlikely that the current scheme will be implemented in its existing form.

Therefore the Planning Administration in respect of this consent will not occur. That being the case it is not appropriate to charge for something that is not going to happen. Should circumstances change which is highly unlikely then of course we will notify you but as it stands there is nothing for the Council to administrate.

Yours faithfully

Richard Walker

The Council could pursue this matter further, however this course of action would not be the best use of resources or in the public interest when considering the development has not commenced. Should the development commence within the timescale of the planning permission then the planning administration fee will be pursued.

Signed: image001.jpg@01D3B6CA.071BAE60 Dated: 09.11.2018

Development Officer

(Section 106 Obligations)

Signed: Dated: 9/11/2018

Group Leader


 

 

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