Sherford. Section 106 Agreement: Draft Heads of Terms. Sherford

Transcription

1 Sherford Section 106 Agreement: Draft Heads of Terms Sherford November 2006 S.106 agreement: DRAFT HoT

2 FOREWORD Red Tree (2004) LLP has submitted a planning application for Sherford to both South Hams District Council and Plymouth City Council. The application is in two parts as follows Outline for: up to 5,500 new dwellings; up to 67,000 square metres of business and commercial space; up to 16,740 square metres of mixed retail accommodation; community, sports and open space facilities, including a Community Park; three primary schools and one secondary school; one health centre; two community wind turbines; and a Park and Ride interchange at Deep Lane junction. Detail for: the Main Street link between Deep Lane junction and Stanborough Cross. The application comprises the following documents (the document you are currently reading is in bold): Masterplan Book Town Code Transport Assessment Retail Impact Assessment Environmental Statement Environmental Statement Non-Technical Summary Report to Inform an Appropriate Assessment Flood Risk Assessment Section 106 Agreement: Draft Heads of Terms Main Street: Deep Lane Junction to Stanborough Cross The entire planning application and any supporting documents can be viewed at If you would like to formally comment on the planning application, please contact the determining authorities South Hams District Council and/or Plymouth City Council. If you require any further details, please contact either of the following: Gareth Jones Rebecca Sturge Scott Wilson Red Tree (2004) LLP 3 Foxcombe Court 7 Forest Gate Wyndyke Furlong Pewsham Abingdon Business Park Chippenham Abingdon Wiltshire Oxfordshire SN15 3RS OX14 1DZ Additional paper copies of this document can be acquired from Scott Wilson at a price of per copy.

3 Draft 6: 09/11/2006 SHERFORD, DEVON ( the Site ) SOUTH HAMS DISTRICT COUNCIL/PLYMOUTH CITY COUNCIL/DEVON COUNTY COUNCIL DRAFT HEADS OF TERMS SECTION 106 AGREEMENT 1 PARTIES 1.1 The Agreement will be between (1) [owners] ( the Owner ) (2) Red Tree LLP ( the Developer ) (3) South Hams District Council ( the District Council ) and (4) Plymouth City Council ( the City Council ) (5) Devon County Council ( the County Council ) 2 STATUTORY AUTHORITY 2.1 The Agreement will be entered into pursuant to S106 of the Town and Country Planning Act 1990 (as amended) ( the 1990 Act ) and will contain planning obligations on behalf of the Owner capable of enforcement by the Councils 2.2 Planning obligations are to be enforceable against successors in title subject to paragraph 7 below 3 THE DEVELOPMENT 3.1 The Owner has submitted a planning application for the development of the Site as follows: Development of the Site to provide up to 5,500 new dwellings; up to 67,000 square metres of commercial and employment space; up to 16,740 square metres of retail accommodation; community and open space facilities; three primary schools and one secondary school; health and social care centre; community park; Park and Ride Interchange at Deep Lane together with details of the Main Street link between Deep Lane junction and Stanborough Cross ( the Development ) 4 CONDITIONALITY 4.1 The obligations and restrictions contained within the Agreement (with the exception of clauses [xx] which shall come into effect on the grant of planning permission) will be conditional upon the prior satisfaction of the following events: SECTION 106.DOC \

4 4.1.1 The grant of planning permission by the District Council and City Council (as relevant) for the Development; and The service of a written notice by the Owner that the Development is be commenced or the earlier commencement of those Works by the carrying out of a material operation (as defined in the 1990 Act) i.e. Implementation, but not including archaeological investigations, demolition, remediation, site clearance, site preparation or surveys) 5 PLANNING OBLIGATIONS 5.1 The planning obligations are to be set out in the Schedules to these Heads of Terms and the parties will covenant with each other accordingly 6 INDEX-LINKING 6.1 All contributions shall be indexed against relevant indices with base date [xxxx] 6.2 The Agreement shall include provision to allow for early payment of contributions (without indexation) 7 RELEASE AND SUBSTITUTION 7.1 It shall be a term of the Agreement that upon parting with its interest in the Site any party shall be released from all of its respective obligations, rights and duties under the terms of the Agreement insofar as they are referable to its ownership or relate to any such part of the Site (save in respect of any liability for any prior breach of the Agreement) 8 REASONABLENESS 8.1 Unless otherwise specified, where any agreement, certificate, consent, permission, expression of satisfaction or other approval is required to be given by the Councils or any person on its behalf under the terms of the Agreement the same shall not unreasonably be withheld or conditioned or delayed 9 ALTERNATIVE PLANNING PERMISSIONS 9.1 Nothing contained in the Agreement shall prohibit or limit the Development of any part of the Site in accordance with any planning permission (other than the permissions specifically contemplated by the Agreement) granted either before or after the date of the Agreement 2 SECTION 106.DOC \

5 10 LAND OUTSIDE CONTROL 10.1 Nothing contained within the Agreement shall require the performance of any obligation in upon or under land outside the ownership of the party required to perform the obligation 11 INDIVIDUAL RESIDENTIAL INTERESTS/STATUTORY UNDERTAKERS 11.1 The purchasers of individual residential units comprised in the Development and statutory undertakers will not be bound by the terms of the Agreement 12 LAND AND CONTRIBUTIONS 12.1 All land transferred by the Owner to the Councils (or to other entities for community purposes) shall be transferred by way of freehold or leasehold as appropriate given the nature of the purpose for which the facility is to be used 12.2 All contributions are to be calculated as appropriate taking into account land values (e.g. see provisions relating to the Healthcare and Social Care Centre) and claw back to the Owner/Developer if income is generated post transfer of the facility 13 COUNCIL OBLIGATIONS 13.1 The Agreement shall include obligations on the Councils to ensure the efficacy of the planning obligations (e.g. acceptance of transfers and delivery and opening of facilities) 14 EXTERNAL FUNDING 14.1 The Agreement shall include provision to allow the reduction of contributions where funding from other sources is secured 15 TRIGGERS 15.1 These shall relate to the occupation of housing, unless otherwise stated 16 REPAYMENT OF UNEXPENDED CONTRIBUTIONS AND UNUSED LAND 16.1 The Agreement will contain provisions requiring the repayment by the Councils to the party who made the relevant payment of unexpended financial contributions together with interest in the event that the whole or any part of any such contribution(s) remain unexpended for their intended purpose by the Council after an agreed period in each case 3 SECTION 106.DOC \

6 16.2 The Agreement will contain provisions requiring the return of land by the Councils to the Owner if such land is not required for a designated purpose within an agreed period in each case 17 CONFIRMATION OF DISCHARGE OF OBLIGATIONS 17.1 The Agreement will contain a mechanism setting out a procedure for the Councils providing the Owner with a letter confirming release 18 NOTICES 18.1 The Agreement will contain provisions setting out details of to whom notices should be addressed 19 LOCAL LAND CHARGE 19.1 The District Council and City Council are to register the Agreement in its register of local land charges 20 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT Exclusion of third party enforcement rights Shoosmiths 8 September SECTION 106.DOC \

7 SCHEDULE 1 EDUCATION FACILITIES Primary Schools 1 The Owner will covenant with the County Council in accordance with the following provisions:- 1.1 To transfer the land for 3 Primary Schools (PS) to the County Council 1.2 To pay to the County Council the sum of [xxx] plus [xxx] for each nursery in respect of each primary school towards the cost of providing each school on the land 1.3 The timing for the provision of the land and contributions will be to allow the opening of the Primary Schools as follows:- (i) PS1 In partial form by the 1 st occupation of Neighbourhood 1 and in complete form by the 100 th occupation of Neighbourhood 1 (ii) PS2 In accordance with the Phasing Strategy (iii) PS3 In accordance with the Phasing Strategy PROVIDED THAT (1) Each Primary School site is [xx] ha and capable of providing a 420 place school to be located centrally within each neighbourhood and accessible to Main Street and green corridors (2) Each Primary School will include nursery provision (3) Each school building can accommodate temporary facilities under management arrangements between Developer/District Council and County Council (4) Primary Schools may be used for other community uses in and outside school hours on a permanent basis for learning sport and social purposes (non-revenue generating) (5) Minimum initial provision shall be 4 classrooms and nursery accommodation with any additional accommodation to be provided in accordance with an agreed phasing plan 5 SECTION 106.DOC \

8 (6) There shall be a default provision providing for the return of land at occupation of 5500 units if not required Secondary School 2 The Owner will covenant with the County Council 2.1 To transfer the land for 1 Secondary School being [xx] ha (such site capable of accommodating expansion to the School) to the County Council 2.2 To commit to the County Council the sum of [xxx] (% attributable to Sherford less the value of the land transferred to DCC for use as the school) towards the cost of providing the school on the land OR to provide the school in partnership with DCC. This sum includes provision for up to [xxx] for FFE/ICT in accordance with DfES Circular 02/08/ The timing for the provision of the land and contribution will be as follows:- (i) [Possibility of land being made available in tranches] (ii) Initial phase to provide accommodation for 200 pupils with the remaining four phases to be agreed subject to a maximum building size of [xx]m 2 PROVIDED THAT:- (1) the Secondary School to be provided will be capable of accommodating 825 pupils including sixth form and will be [xx]m 2 (2) the buildings may be used temporarily for a Primary School (PS2) and any other agreed community facilities from opening of the Secondary School (3) Secondary School shall be used for other community uses outside school hours on a permanent basis for learning sport and social purposes (non-revenue generating) (4) the Secondary School site will make a contribution towards the overall SUDS arrangements including ongoing management (5) the County Council is to ensure that places are provided for children of Sherford 6 SECTION 106.DOC \

9 2.4 To pay to the County Council the sum of [xxx] towards the provision of a school bus service linking the Development to Ivybridge Community College together with any temporary accommodation at the College until the Secondary School is available Forest School 3 To provide [xx] ha of land within the Sherford Quarry by 2012 to the County Council by the occupation of 2000 th dwelling such land to be used for the purpose of a Forest School Children s Day Care Centre 4 The Owner will covenant with the County Council in accordance with the following provisions:- 4.1 To pay to the County Council in the sum of [xx] towards the provision of a children s day care centre (0-4 1 / 2 years) to be located in the Health and Social Care Centre 4.2 Area of [xx]m 2 plus [xx] car parking spaces is to be provided 4.3 Timing for contribution to allow phase 1 of the facility to be available on opening of the Health and Social Care Centre 4.4 Temporary facility is to be accommodated within PS1 pending the permanent facility being available 4.5 Overall provision to be available in three phases upon occupation of 500 th, 1500 th and 3000 th dwelling 7 SECTION 106.DOC \

10 SCHEDULE 2 HEALTH AND SOCIAL CARE CENTRE 1 The Owner will covenant with the District Council in accordance with the following provisions:- 1.1 To transfer the land for a multi-agency health and social care facility to the District Council (or NHSPCT) such site being land capable of accommodating a facility of [xx]m 2 plus [xx]m 2 for a rest area for the emergency ambulance service, [xx]m 2 for an adult social care base, and the children s day care centre (Schedule 1 paragraph 1.4) plus [xx] car parking spaces for staff and visitors 1.2 To pay to the District Council the sum of [xxx] (calculated on basis of 25% of total cost less the value of the land provided for the facility) towards the multi-agency health and social care facility phased payment PROVIDED THAT (i) the land value is [xxx] or as shall be agreed with the District Valuer (ii) the facility shall contribute towards the upgrade of highway and utility infrastructure necessary to accommodate the facility 1.3 Timing for site and contribution to allow facility to be available by 1000 th Occupation 1.4 Temporary facilities for dentists and doctors will be made available in commercial space within Neighbourhood 1 until Health and Social Care Centre has been opened 8 SECTION 106.DOC \

11 SCHEDULE 3 COMMUNITY INFRASTRUCTURE Multi-Agency Community Governance Building 1 The Owner will covenant with the District Council in accordance with the following provisions:- 1.1 To transfer the land and accommodation ([xx]m 2 ) for multi-agency community governance building ( MACGB ) to Community Trust capable of accommodating a library and information centre, public toilets, facilities for a local authority hotdesk (3 staff including access to phones), Community Trust meeting rooms and facilities (to be shared with voluntary services as appropriate), police/crime prevention office ([xx]m 2 ), and facilities for staff employed by Community Trust 1.2 Timing for the site to allow the facility to be available no later than the completion of Neighbourhood Temporary community infrastructure facilities may be located in PS1 and/or in vacant retail space in the High Street until delivery of the MACGB Waste Management and Ground Maintenance 2 The Owner will covenant with the District Council in accordance with the following provisions:- 2.1 To provide: land to accommodate a repair and re-use centre by occupation of 2000 th dwelling land for a composting facility by occupation of 1200 th dwelling land for a ground maintenance building by occupation of 1200 th dwelling in each case a contribution is to be provided up to specified maxima and PROVIDED THAT the Owner retains right to build all such accommodation instead of making the contributions and that the sites for these facilities may be combined or separate 2.2 To pay to the District Council a contribution of [xx] towards upgrade of recycling facilities in Ivybridge by occupation of 1200 th dwelling 9 SECTION 106.DOC \

12 SCHEDULE 4 AFFORDABLE HOUSING 1 The Owner will covenant with the District Council in accordance with the following provisions:- 1.1 To provide affordable housing equivalent to [x]% of the total number of residential units comprised in the Development such affordable housing to include [x]% social rented; [x]% shared ownership; and [x]% other intermediate affordable housing including local covenanted properties 1.2 The social rented element will be built by the Developer and transferred to a registered social landlord 1.3 A special purpose private asset holding vehicle will be set up to hold the shared ownership element entry levels will be between [x]% and [x]% with rent on the balance at [x]% 1.4 The other intermediate housing will comprise housing for those from the locality and/or those with local connections enforced through covenants; housing for key workers; and housing which is low cost by design 1.5 [Overage pool and staircasing to be discussed] 10 SECTION 106.DOC \

13 SCHEDULE 5 OFF SITE HIGHWAYS (COUNTY COUNCIL/CITY COUNCIL) 1 A Stanborough Cross junction/haye Road Owner to undertake improvement works in accordance with the phasing strategy 1.2 Red Lion Hill Owner to undertake works being the provision of a mini-roundabout at junction A379/Red Lion Hill by the end of Phase 1 as defined in the phasing strategy 2 Other Highways Works 2.1 Bullers Hill (non A379) Owner to pay contribution of no more than 25,000 towards the installation of a fixed bollard allowing emergency and bus access only PROVIDED THAT this obligation is subject to the need for such a facility being established and the relevant statutory consents/approvals 11 SECTION 106.DOC \

14 SCHEDULE 6 ON SITE TRANSPORT INFRASTRUCTURE Main Street 1 The Owner will covenant to complete the Main Street in accordance with the Phasing Strategy Distributor Roads 2 The Owner will covenant to complete the Distributor Roads (Northern and Southern Avenue) in accordance with the Phasing Strategy Park and Ride Interchange at Deep Lane 3 The Owner will covenant with the District Council in accordance with the following provisions:- 3.1 To provide a Park and Ride Interchange at Deep Lane in accordance with P & R Specification at Appendix [x] 3.2 Timing 500 spaces by 1 st Occupation and capacity up to 1000 spaces by no later than end of Phase 1 Public Transport (HQPT) 4 The Owner will covenant with the City Council in accordance with the following provisions:- 4.1 To pay to the City Council the sum of [xxxx] towards [to be inserted] 4.2 [manage and monitor] Local Bus Services 5 The Owner will covenant with [ ] Council in accordance with the following provisions:- 5.1 To pay to [ ] Council the sum of [xx] as a financial contribution by way of revenue support 5.2 [Route 18] 12 SECTION 106.DOC \

15 Community Car Club 6 The Owner will covenant in accordance with the following provisions:- [ ] 13 SECTION 106.DOC \

16 SCHEDULE 7 OPEN SPACE 1 The Owner will covenant with the District Council in accordance with the following provisions:- 1.1 To provide Greenways, Wildlife Corridors, Community Park, NEAPs, LEAPs, LAPs, Bat Corridors and Allotments in accordance with the Open Space Specification at Appendix [x] 1.2 Timing for provision in accordance with Phasing Strategy [may be specific triggers for certain elements] 1.3 Provision for transfer to District Council together with payment of a commuted sum OR management and maintenance by a Management Entity/Community Trust 14 SECTION 106.DOC \

17 SCHEDULE 8 SPORT AND RECREATION Outdoor pitches (including all-weather; cricket; tennis courts) 1 The Owner will covenant with the District Council [and City Council] in accordance with the following provisions:- 1.1 To provide within 12 months of the loss of existing facilities at KGV replacement facilities [specification to be provided] sufficient to compensate the loss of playing field accommodation on King George V playing fields 1.2 To provide new playing field facilities at Elburton Edge in location and to specification shown in Appendix [x] by the [end of Year 3 in the build programme] 1.3 To provide new playing field facilities at Wiverton in location and to specification shown in Appendix [x] by the 4000 th Occupation Sports Hub 2 The Owner will covenant with the District Council in accordance with the following provisions:- 2.1 [land and contribution or provision of facilities?] 2.2 [timing] Bowling Green 3 The Owner will covenant with the District Council in accordance with the following provisions:- 3.1 [land and contribution or provision of facilities?] 3.2 [timing] Youth Facility adjacent to Sherford Quarry 4 The Owner will covenant with the District Council in accordance with the following provisions:- 4.1 To provide a youth centre such facility to be available at same time as initial phase of the Secondary School 4.2 [size of facility and land area] 15 SECTION 106.DOC \

18 4.3 A temporary facility will be made available in the High Street until the permanent facility is available Sports Facilities at Wiverton [GK/JK Is this needed? Please see 1.3] 5 The Owner will covenant with the District Council in accordance with the following provisions:- 5.1 [land and contribution or provision of facilities?] 5.2 [timing by end of Phase 3] 16 SECTION 106.DOC \

19 SCHEDULE 9 MISCELLANEOUS Police Station 1 The Owner will covenant with the District Council in accordance with the following provisions:- 1.1 To make available the land for a police station to the District Council such site being [xx] ha 1.2 Need for the provision to be dependent on crime rate exceeding [xx] per thousand 1.3 [Timing and land value] Church Facilities 2 The Owner will covenant with the District Council in accordance with the following provisions:- 2.1 To secure land of [xx] ha for a church until completion of [xx] dwellings 2.2 To offer shared office space for church related use on temporary basis 2.3 To provide meeting space in MACGB Public Art 3 The Owner will covenant with the District Council:- 3.1 To provide a fund of [xx] to be directly invested in provision of public art on site provided that 50 per cent of the fund is made available within period of first five years of build on the Site 17 SECTION 106.DOC \

20 SCHEDULE 10 COMMUNITY TRUST 1. The Agreement will contain provisions dealing with the following principal matters:- 1.1 The process for and timing of the establishment of the Community Trust ( CT ) vehicle. It is proposed that the CT vehicle will be established as a Community Interest Company, pursuant to the Companies (Audit, Investigations and Community Enterprise) Act The constitution and management structure will be agreed and defined. 1.3 The terms of reference and responsibilities will be agreed and defined. 1.4 The membership (from time to time) will be agreed and defined. It is likely that the membership will be made up of members of the following organisations/bodies; the landowner and the developer South Hams District Council Devon County Council Plymouth City Council Brixton Parish Council Neighbourhood Community Representative (CSG) [others?] 1.5 The Agreement will describe how the CT vehicle will deal with assets that are vested in it from time to time by the landowner/developer 1.6 Commuted Sum to underwrite management for [xx] years subject to offset from income 18 SECTION 106.DOC \

21 SCHEDULE 11 PROFESSIONAL SERVICES SUPPORT 1 The Owner covenants with the District and City Council to provide financial support in accordance with the following provisions:- 1.1 The local authorities legal costs in relation to the negotiation and completion of the Section 106 agreement up to a maximum of [xx]; 1.2 The local authorities backfilling requirement in the development control service in the form of 1 Senior Development Control Officer up to a maximum of [xx] such costs [ xx] per annum (3 years max) 1.3 Viability work subject to a maximum of [xx] 1.4 District Council s backfilling requirement in the Landscape and Countrywide Team subject to a maximum of [xx] 1.5 BRE costs subject to a maximum of [xx] 2 In the event that the fee income to the District Council from reserved matter applications and any other detailed proposals exceeds [ ] then the annualised support under paragraph 1.2 shall be reduced by an equivalent sum 19 SECTION 106.DOC \

22 SCHEDULE 12 ENERGY USE AND GENERATION (NB need to discuss AAP) 1 Owner covenants to provide a minimum of 50% of Sherford s overall electrical energy requirements from renewable sources generated on-site by Phase 4 subject to the grant of planning permission for [2 x 90m wind turbines] and in the event that such planning permission is not granted there shall be a fallback provision such that [x]% of electrical energy will be from renewable sources generated on-site 2 Owner covenants that all housing shall achieve an Eco-Homes excellent rating; other buildings shall achieve a BREEAM excellent rating 20 SECTION 106.DOC \

23 SCHEDULE 13 DESIGN CODE [NB Subject to discussion] DEFINITIONS Design Code means [a set of three dimensional site specific design codes or requirements for a Development Phase] Development Phase means [a sub phase of the Development [as identified on the Phasing Plan]. Dispute Resolution Mechanism means [the Section 106 Agreement will contain a dispute resolution mechanism (through either arbitration or expert determination) relating to the resolution of any dispute arising from obligations contained in the agreement, including the operation of the Review Body]. First Reserved Matters Application means [the first application for the whole of the [first] Development Phase of the Development to be made to SHDC as local planning authority for approval of the matters set out in the Planning Application as being reserved for subsequent approval in accordance with the appropriate conditions attached to the Planning Permission]. Reserved Matters Application(s) means [subsequent application(s) for the whole of subsequent Development Phase (other than the [first] Development Phase) of the Development to SHDC as local planning authority for approval of the matters set out in the Planning Application as being reserved for subsequent approval in accordance with the appropriate conditions attached to the Planning Permission]. Review Body means [a body which shall be established and operated at the expense of Red Tree (2004) LLP (or one of its associated companies or LLPs) [up to an agreed limit or as secured by way of commuted sum contribution] the purposes of which shall [be to review and approve the draft Design Code in relation to each Development Phase and to inform the Council of that process] and the Review Body shall be made up of representatives from [the Council, Red Tree, community and other professional bodies]. Town Code means [an overarching Design Code to be applied to the entire Development describing universal design performance requirements. It is likely that this document will also contain 21 SECTION 106.DOC \

24 one hypothetical regulating plan to show a greater degree of precision in advance of each Reserved Matters Application]. 1 The Town Code to be secured: (i) (ii) as part of the outline planning application process; or in any event prior to the submission of the First Reserved Matters Application. 2 The Town Code to be either: (i) (ii) in a form agreed with the LPAs and annexed to the Section 106 Agreement; or submitted to and agreed with the LPAs prior to the submission of the First Reserved Matters Application. 3 Once agreed all Design Codes and Reserved Matters Applications are to be prepared in general accordance with the Town Code. 4 There will be a review mechanism allowing for the evolution and refinement of the Town Code from time to time. 5 Prior to the submission of a Reserved Matters Application for a Development Phase a Design Code is to be prepared and submitted to the Review Body for prior approval. The Review Body will provide such approval within the agreed period. 6 Subject to the prior approval of the Design Code submitted pursuant to 5 the applicant shall then prepare (within an agreed period) the relevant Reserved Matters Application (or Applications in the event of Development Sub-Phases) in accordance with such approved Design Code. Thereafter the Reserved Matters Application(s) will be submitted to the Council for determination within an agreed period. 7 In the event that the Design Code is rejected by the Review Body then the applicant will be required to revise and resubmit the Design Code until such time as it is agreed. This requirement will be subject to a Dispute Resolution Mechanism to be triggered in default following the expiry of an agreed period. 8 In the event that the Review Body approves a Design Code in respect of a Development Phase it shall (within seven (7) days of the final approval by it of such Design Code); (a) (b) (c) (d) confirm to the Council in writing that it has approved such a Design Code; confirm to the Council in writing to which Development Phase the Design Code relates; provide to the Council a copy of the Design Code in final form; advise the Council as to any changes or revisions to the Design Code that it may subsequently approve; 9 In the event that any Reserved Matters Application is submitted that a) is not accompanied by an approved Design Code; or b) does not comply with the Design Code relating to that 22 SECTION 106.DOC \

25 Development Phase then the Council will be entitled to take such absence of a Design Code or non-compliance into account in determining that Reserved Matters Application In the event that any Reserved Matters Application is submitted that is a) accompanied by an approved Design Code; and b) complies with the Design Code relating to that Development Phase then there shall be a presumption in favour or the approval by the Council of that Reserved Matters Application. 11 The development of each Development Phase (or sub-phase) will then proceed in accordance with the Reserved Matters Approval relating to that phase (or sub-phase) (which itself will accord with the relevant Design Code). 12 [Relationship between Town Code, regulation plans and/or detailed codes to be agreed] 1 This is simply a restatement of a local planning authority s ability (and duty) to take into account material considerations in determining a planning application or other approval. In this case it is considered that the existence of an approved Design Code would represent a material consideration. 23 SECTION 106.DOC \

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