S106 bus contribution variation at Dunton Fields Southend Arterial Road Dunton, Basildon

“Planning permission was granted on the 13 th March 2013 for a hybrid application comprising: Detailed application for 179 residential units, construction of link road and junction, improvements to B148, reserved land for early years centre and potential health facility, and associated open space, landscaping, car parking, surface water attenuation and associated works.”

“The proposed variation has been requested by Essex County Council ("ECC"), as a party to the original agreement, and has been agreed in principle with the developer. The request relates solely to the provisions governing expenditure of the Bus Service Contribution secured through the Section 106 Agreement.”

“An application for “residential development (184 dwellings comprising of 78 flats and 106 houses with new vehicular access)” was granted planning permission subject to a s106 on 28 th February 2008. This has involved the redevelopment of the former Laindon School site adjacent to High Road. This development is now complete…”

“The proposed development will be linked by road to both Archer Fields and Radford Park.”

“The bus service contribution was secured to mitigate the transport impacts of the development and remains necessary for that purpose. No changes are proposed to the amount, purpose or scope of the contribution.”

“The variation would simply provide an extended period within which the existing contribution can be spent, thereby ensuring that the mitigation originally intended by the agreement can still be delivered.”

“ECC requests that the return of funds clause be amended to permit expenditure of the Bus Service Contribution for a period of up to fifteen (15) years from receipt, rather than the current ten (10) year period.”

“ECC explains that severe and unforeseen structural cracking of the Western Link Road resulted in significant delays to its formal adoption. Consequently, ECC was unable to lawfully access and utilise the route for the purposes originally anticipated by the agreement.”

“There is no requirement to undertake public consultation. No public consultation was undertaken in this instance.”

“26/00002/S106C - DEED OF VARIATION TO S106 LEGAL AGREEMENT ACCOMPANYING PREVIOUSLY APPROVED PLANNING PERMISSION 12/00951/FULL, TO VARY THE TERMS OF THE HYBRID APPLICATION IN TERMS OF BUS SERVICE CONTRIBUTION PURPOSES AS SET OUT IN SCHEDULE FOUR OF THE ORIGINAL AGREEMENT, ON LAND SOUTH OF DUNTON ROAD, DUNTON, BASILDON, ESSEX The application was deferred to the next meeting.”