S106 agreement changes at Land Between Welbeck Road And Oxcroft Lane, Bolsover

What was proposed

The application sought changes to a 2021 agreement, including reduced town park and extra-care land and revised financial contributions.

“The proposal as originally submitted sought approval, through mutual agreement, (as the relevant period of 5 years has not yet passed since the original agreement was completed) to modify the section 106 agreement 22 nd September 2021 as follows:”

“Reduce the area of the town park to be provided from 4.2ha to 3.6ha • Reduce the area of extra care facility / affordable housing land to be provided from 1ha to 0.8ha.”

Officer report

The site and development

The site is a 38.96-hectare strategic allocation north of Bolsover, between Oxcroft Lane and Marlpit Lane, with fields, housing and public paths.

“The site is located immediately to the north of Bolsover Town adjacent to existing residential development between Oxcroft Lane and Marlpit Lane. It is an irregular shape parcel of land extending to an area approximately 38.96 hectares in size.”

“The site is divided by Elmton Lane which is an unmetalled bridle path (BW60) running in a north east direction from Marlpit Lane in the south and cutting through the site to join Ovencroft Lane (track) to the north. There is also a network of other public footpaths that cross the site linking Elmton Lane to Oxcroft Lane (FP33) and also between Longlands and Elmton Lane to the South (FP30/FP31).”

Officer report

Earlier permissions and changes

Outline permission covered about 950 homes, an extra-care facility and an infant school, while later permissions approved 259 homes and a further 547 homes were proposed.

“Agreement is sought to modify the s106 agreement secured in respect of application code ref. 14/00080/OUTEA, which gave outline planning permission (with all matters except access reserved) for residential development in the region of 950 dwellings, provision of an extra care facility (approx. 70 units) and an Infant School, dated 22 nd September 2021.”

“In addition to land for an infant and nursery school, extra care facility and / or affordable housing and a town park, the s106 agreement secures the following outstanding contributions based on the amount of development proposed (and where applicable including indexation):”

Officer report

What officers recommended

Officers recommended approval because revised contributions would provide critical infrastructure, support housing delivery and serve the original obligations equally well.

“The proposed modifications to the obligations would facilitate the delivery of housing to meet the district’s housing needs, whilst delivering all of the critical and some necessary infrastructure required to meet development plan policy and the Councils Infrastructure Study and Delivery Plan (2025) and the requirements of the County Council in respect of education contributions.”

“The s106 dated 22nd September 2021 can only be modified with the mutual agreement of all parties, as the relevant period of 5 years set out in S106A of the Town and Country Planning Act (1990) has not yet passed since the original agreement was completed.”

Officer report

Who spoke

Two speakers spoke against the application and the agent spoke in favour.

What members discussed

Members asked about equality assessment, contribution calculations, the original obligations, the reduced number of homes and extra-care or affordable housing land.

“Clarifications were sought on whether an Equality Impact Assessment had been undertaken and the calculations used to determine the updated Section 106 contributions. The Agent explained how the updated Section 106 contributions had been calculated.”

“For the land allocated to the provision of an extra care facility, the Committee was informed that existing provisions allowed for the land to be provided as an extra care facility and / or affordable housing in circumstances where a provider could not be found.”

Minutes