AGENDA ITEM 5

BOROUGH OF POOLE

PLANNING COMMITTEE

24 JANUARY 2008

REPORT OF HEAD OF PLANNING AND DESIGN SERVICES AND HEAD OF LEGAL AND DEMOCRATIC SERVICES

MERLEY COURT TOURING PARK, MERLEY

1.0PURPOSE OF THE REPORT

1.1At its Meeting on 22 November 2008, the Committee was asked for authority to complete a Section 106 Agreement for the purpose of nullifying the earlier Agreement and putting over aspects of the original Section 106 Agreement into a revised Section 106 Agreement, without enforcing the original notice for the points raised in section 1.2 of the earlier Report to Members (attached as an Appendix hereto).

1.2By Minute P61.07, the Committee resolved to defer the matter to enable officers to carry out further consultation with Leisure Services and Tourism to establish whether or not there was any demand for the picnic area / tennis court in this location, and to clarify with Legal Services the enforceability of the Section 52 Agreement.

1.3Both Tourism and Leisure Services would have no objection to the removal of the requirement to build a picnic area. In addition Tourism feels that there would be no loss of current provision for visitors as the picnic area it is not in use; the main uses would be from passing motorists on the A31 who may wish to stop for a break (therefore transient people as opposed to tourists to Poole).

1.4In addition Tourism and Leisure Services would have no objection to the removal of the requirement to allow the general public ‘approved members of society’ to use the tennis courts (for a charge) during the winter months when the park is closed. The Leisure (Recreation Team) feel that there is not much in the way of meaningful community use given its position.

1.5Legal Services has confirmed that the Section 52 Agreement is still capable of enforcing. Whether the individual elements of that Agreement would be upheld through the courts would depend upon the circumstances at the time, including evidence of need.

2.0 RECOMMENDATION

2.1 That Authority be delegated to the Head of Legal and Democratic Services to enter into a Legal Agreement under Section 106 of the Town and Country Planning Act 1990 with the owner of the land confirming that the earlier Agreement dated 19 October 1982 will not be enforced against the owner or successor in title or other person with an interest in the land/property as specified in the attached report.

PETER WATSON
HEAD OF PLANNING DESIGN AND CONTROL SERVICES

Contact Officer:

Clare Dick, Planning Officer
Email:

APPENDIX

BOROUGH OF POOLE

PLANNING COMMITTEE

THURSDAY 22 NOVEMBER 2007

REPORT OF HEAD OF PLANNING AND DESIGN SERVICES AND HEAD OF LEGAL AND DEMOCRATIC SERVICES

MERLEY COURT TOURING PARK, MERLEY

1.0PURPOSE OF THE REPORT

1.1To seek members authority to complete a Section 106 Agreement.

1.2Under Officers’ delegated powers an application to vary condition 2 of Planning Permission 6861/30 granted 4 September 1986 to allow the use of the park between 7th February and 7th January was resolved to be granted subject to an extant legal agreement dated 19 October 1982 being amended such that the following clauses are removed:

  • to make available during the winter period to approved Members of the local community and subject to reasonable charges to use the tennis courts and other recreation facilities;
  • that prior to the commencement of development an area of land is laid out as a picnic area and subject to (a) not less than ten picnic tables with accompanying benches; laying out of hardstanding sufficient for 12 parking spaces; and (c) the erection of a sign at the entrance to the picnic area and such other signs as may be necessary on the approach road to the land which indicate that the picnic area and car parking spaces are freely available to the public;
  • to allow members of the public full and free access to the picnic area for their exclusive use for the purposes of picnics at no charge during the period from 1st April to 31st October; and
  • to allow the car parking spaces only to be used in connection with the picnic area.
  • The purpose of the proposed Agreement is to nullify the earlier Agreement and allow the variation of condition and putting over aspects of the original Section 52 Agreement into a revised Section 106 Agreement, without enforcing the above which has not been done.

2.0 RECOMMENDATION

2.2 That Members delegate to the Head of Legal and Democratic Services the authority to enter into a legal agreement under Section 106 of the Town and Country Planning Act 1990 with the owner of the land confirming that the earlier agreement dated 19 October 1982 will not be enforced against the owner or successor in title or other person with an interest in the land/property.

3.0 REPORT

3.1In September 1986 planning permission was granted (planning application ref: 5/86/6681/30) to allow the site to be open from 1 March to 7 January subject to condition 2 which stated ‘….all site facilities, including club rooms, except the one toilet block shown on the submitted plans to be closed’. The plans indicated 20 units/pitches to be occupied during this extended time, which is on the south east part of the site.

3.2In 1981 an Application for outline approval was sought for use as a touring and transit caravan site. (Planning application ref: 5/80/6861/15). Following confirmation of the Authority’s willingness to issue a favourable decision notice the applicant agreed to enter into a Section 52 Agreement under the Town and Country Planning Act 1971 (now Section 106 of the Town and Country Planning Act 1990) dated October 1982.

3.3The agreement required (viii) to make available during the winter months the tennis courts for use by members of the community subject to a reasonable charge; (viii) to use an area of land to the Merley Park Road frontage as a picnic area and include (a) at least 10 picnic tables and accompanying benches, (b) laying out of hard standing for at least twelve cars, (c) erection of a sign at the entrance to the picnic area and any other signs as necessary to indicate that the picnic area and car parking spaces are freely available to the public; (ix) to allow members of the public full and free access to the picnic area and at no charge, and (x) not to allow any person to use a parking space other than parking in connection with using the picnic area for a picnic. Following the signing of that agreement a decision notice was issued.

3.4From a recent site visit it is clear that the tennis courts are not available for use by members of the public; there is no picnic area or car parking area or associated parking for visiting member of the public using the picnic area; and thus no signage advertising the picnic area. Whilst the owners of the site are currently in breach of the Section 52 Agreement there is no reasoned justification for the provision of a picnic area in this location, nor necessity for the use of the tennis courts by members of the public.

3.5To absolve the owner of the subject site of any responsibilities under the terms of the Section 52 Agreement it is now necessary for the owner and the Council to enter into an Agreement under Section 106 of the Town and Country Planning Act 1990 to confirm that the earlier Agreement will not be enforced against the owner or any successor in title or any other person with an interest in the land. By completing this Agreement the owner would then be able to carry out the development which has a recommendation to grant planning permission.

PETER WATSON

HEAD OF PLANNING DESIGN AND CONTROL SERVICES

Contact Officer:

Clare Dick, Planning Officer

Email:

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