S106 payment timing at Suez, Lower Eccleshill Road, Darwen

“Proposed development: Variation of Legal Agreement/S106 for Variation to S106 Agreement dated 2nd March 2023 pursuant to planning application 10/22/1006 - "Demolition of existing waste management operations, relocation of the waste transfer station and materials recycling facility and erection of anaerobic digestion facility" - to vary Schedule Two 2.1 to allow payment prior to commencement of development of Phase 2”

“The application site (the site) comprises Darwen Resource Recovery Park located east of Lower Eccleshill Road and off Goose House Lane. The site extends approximately 7.23ha.”

“The site is accessed along a private road via a T-junction with Goose House Lane. Goose House Lane provides access to a junction with Lower Eccleshill Road and Hollins Grove Street to the west.”

“Planning permission granted under LPA reference 10/22/1006 was issued on 3rd March 2023 for the “Demolition of existing waste management operations, relocation of the waste transfer station and materials recycling facility and erection of Anaerobic Digestion Facility (ADF)” The planning application was supported by an Environmental Statement (ES), as development subject to an Environmental Impact Assessment, due to its type and scale. The ADF is yet to commence.”

“Members will recall that a variation to the original grant of planning permission was approved by Committee at November’s meeting, to allow lawful commencement of the development in accordance with a phasing plan – ie commencement of minor works within Phase 1 (ref. 10/25/0914). This DoV proposes an amendment to the payment trigger for the s106 contribution from commencement of development to commencement of the Phase 2 development.”

“As referenced above, Members have supported an amendment to the original grant of planning permission to allow implementation of the development be phased. Phasing will allow lawful commencement of development within Phase 1, without the need to comply with pre-commencement conditions. Pre-commencement conditions will instead be discharged prior to commencement of Phase 2.”

“Accordingly, it is reasonable to reschedule payment of the s106 contribution to prior to commencement of the Phase 2 development. The Council’s Highways consultee is supportive of the change.”

“Permission was granted subject to a s106 between the Council and the applicant - Suez - that secured a financial developer contribution of £61,610 towards highway / junction improvements at Goose House Lane and Hollins Grove Street, Darwen, with payment to be made prior to commencement of development).”

“Decision under Town and Country Planning Acts and Regulations –”

“RESOLVED – Approved subject to the conditions highlighted in the Director’s Report.”

“Variation of Legal Agreement/S106 for Variation to S106 Agreement dated 2nd March 2023 pursuant to planning application 10/22/1006 - "Demolition of existing waste management operations, relocation of the waste transfer station and materials recycling facility and erection of anaerobic digestion facility" - to vary Schedule Two 2.1 to allow payment prior to commencement of development of Phase 2”