Purpose

To
enter into a Section 106 agreement in relation to application P/FUL/2021/01920,
Install ground-mounted solar panel photovoltaic solar arrays, substations,
inverter stations, security fencing, access tracks, landscaping and other
ancillary infrastructure, Land at Cruxton Farm, Cruxton Lane, Cruxton, DT2 0EB.
This application was refused by the Council on 8 November 2022. The application
is currently the subject of an appeal. A Section 106 agreement has been
prepared to secure Permissive Path Works (to provide an alternative to the
existing Public Right of Way) in the event that the appeal is allowed.

 

 

 

The
decision to enter into the Section 106 agreement is taken under delegated
powers as set out in paragraph 139 of the Officer Scheme of Delegation: 

 

 

 

To
undertake all action relating to any matter arising in respect of any appeal,
call-in and/or other inquiry and/or hearing of whatever nature arising pursuant
to any Town and Country Planning Legislation including for the avoidance of
doubt but without prejudice to generality of the foregoing:

 

(a)
to determine any response required in relation to any procedural issue relating
to any such matter including for the avoidance of doubt whether any such matter
should be dealt with by means of written representation, hearing or public
inquiry;

 

(b)
to determine any procedural issue relating to any such matter including the
venue for the holding on any hearing and/or appeal; and/or

 

(c)
to determine whether or not to defend any reason for refusal.

 

 

 

These
delegated powers have been passed to the Service Manager for Development
Management and Enforcement via the Local Scheme of Nomination for Planning
Services – Executive Director of Place.

Content

To enter into a Section 106
agreement in relation to application P/FUL/2021/01920, Install
ground-mounted solar panel photovoltaic solar arrays, substations, inverter
stations, security fencing, access tracks, landscaping and other ancillary infrastructure,
Land
at Cruxton
Farm, Cruxton
Lane, Cruxton,
DT2 0EB. This application was refused by the Council on 8 November 2022. The
application is currently the subject of an appeal. A Section 106 agreement has
been prepared to secure Permissive Path Works (to provide
an alternative
to the existing Public Right of Way) in
the
event that the appeal is
allowed. 

 

The decision to enter into the Section 106 agreement
is taken under delegated powers as set out in paragraph 139 of the Officer
Scheme of Delegation:  

 

To undertake all action relating to
any matter arising in respect of any appeal, call-in and/or other inquiry
and/or hearing of whatever nature arising pursuant to
any Town and Country Planning Legislation including for the avoidance of doubt
but without prejudice to generality of the foregoing: 

(a) to determine
any response required
in relation to any procedural issue relating to any such matter including for
the avoidance of doubt whether any such matter should be dealt with by
means of written representation, hearing or
public inquiry; 

(b) to determine
any procedural issue relating to any such matter including the venue for the
holding on any hearing and/or appeal; and/or 

(c) to determine
whether
or not to defend any reason for refusal. 

 

These delegated powers have been passed to the Service
Manager for Development Management and Enforcement via the Local Scheme of
Nomination for Planning Services – Executive Director of Place.