Agenda item

Application Proposal: Application to vary S106 agreement dated 19^th March 2013 between SSDC, Richard Don Knight and Heather Diana Knight to allow use of part of land for anaerobic digester plant.

(Councillor Anna Groskop declared a personal interest in this application as she was the portfolio holder for Planning Policy at Somerset County Council and would not participate in the vote. Councillor Henry Hobhouse declared a personal interest as the site was close to Bearley Barn and he was the Portfolio Holder for this building)

The Planning Officer presented his report to members, with the aid of a PowerPoint presentation.

He informed members that the additional planning application for an anaerobic digester which was currently being considered was not ready to be referred to Area East Committee and that it was the wish of the agent that this application be determined ahead of the additional application. He clarified that the application being considered was to remove some land from the S106, and that the anaerobic digester was not being considered at this point.

He further advised that recent planning advice argues that ties should no longer be tied to dwellings to allow further flexibility to farmers.

Mr P Horsington, clerk to Ilchester Parish Council addressed members. He explained that the Parish Council objected to the application as they had concerns over the access to the site.

Mr J Edmondson, the Vice-Chairman of Ilchester Parish Council, addressed the Committee. He explained to members that the agent have failed to provide any evidence for the need to amend the agreement and hoped that a business case would be provided. He further explained that the area which is to be removed from the agreement is far larger than the area which is required for the digester.

Mr A Booth, the Planning Agent, addressed the Committee. He advised members that the land was owned by the applicants’ parents; however the applicant was the farmer. He explained to members that the agreement was stopping the applicant obtain financial security and therefore was stifling future expansion of the farm. He clarified that the application was purely to allow the applicant some financial flexibility by obtaining some land for his ownership.

Councillor Tony Capozzoli, Ward Member, questioned whether a business plan should have submitted by the applicant.

The Planning Officer confirmed that this would have been unreasonable for this application as the application did not include an application to change the use of the land.

Following the discussion, Councillor Colin Winder advised that the S106 was a legal document which had been signed. As there was no clear reason provided why the amendment was required, he proposed that this application be refused, however this was not seconded.

The Planning Officer clarified that the land was not being subject to a change of use application and that the agricultural land would remain as agricultural land.

It was subsequently proposed and seconded that the application be approved as per the officer recommendation as detailed in the agenda report.

On being put to the vote, this was carried 4 votes in support, 2 against and 2 abstentions.

RESOLVED:  that planning application 17/01471/DPO be approved. Members agreed to allow the modification of the Section 106 Agreement dated 19/03/2013 made between South Somerset District Council, Richard Don Knight and Heather Diana Knight to omit 48 acres from the controls of this agreement.

(Voting: 4 votes in support, 2 against and 2 abstentions)