This application seeks to formally discharge Schedule 3, Clause 1 of the Planning Agreement made pursuant to Section 106 of the 1990 Act (as amended) dated 18th December 2023 between (1) Peterborough City Council, (2) Christopher James Cutteridge, (3) Royal Society for the Prevention of Cruelty to Animals & The Peoples Dispensary for Sick Animals & Charles John Urquhart Applegate, (4) Allison Homes Limited. Schedule 3, Clause 1 states ‘Prior to the Implementation of the Development to submit the Open Space Scheme to the Group Manager Development Management and not to Commence Development unless and until the Open Space Scheme has been submitted to and approved in writing by the Group Manager Development Management and thereafter following Implementation the Open Space shall be provided in accordance with the Open Space Scheme’. For clarity the definitions of the terms above are: Open Space Scheme: means the Open Space Plan if not annexed, the Open Space Management Plan, the Landscaping and Planting Scheme and the Hedgerows and Trees Management Plan. Assessment: For clarity, the submission includes the following: Landscaping Plans and planting scheme – landscaping plans were permitted on the 24/00541/REM and a non-material amendment on 26/002034/NONMAT. Hedgerows and Trees Management Plan – Ecological Design Strategy and Landscape and Ecology Management Plan – approved under 25/01171/DISCHG and the document has been updated within this submission to reflect the lastest revisions of the landscaping plans. Whislt application 25/01171/DISCHG partially discharged those documents, Officers consider that the s106 obligation is satisfied as the document covers the open space area as per the POS Plan under 19/00836/OUT and subsequent reserved matters 24/00541/REM. Open space plan – approved under 24/00541/REM. Open Space Management Plan – Landscape and Ecology Management Plan – approved under 25/01171/DISCHG and the document has been updated within this submission to reflect the latest revisions of the landscaping plans. Whilst application 25/01171/DISCHG partially discharged the documents, Officers consider that the s106 obligation is satisfied as the document covers the open space area as per the POS Plan under 19/00836/OUT and subsequent reserved matters 24/00541/REM. The City Council's Open Space Officer has reviewed the submission and initially sought revisions to the surfacing but this was already approved as bound surface (tarmac) on the landscaping plans. Furthermore, whilst comments were made about additional trees to prevent encampment, Officers have reviewed the approved landscaping and consider the scheme as per the reserved matters (24/00541/REM) would be sufficient due to the locations having bollards on pathways, landscaping already proposed in close proximity and SUDS basins. The agent also confirmed that the bollards are being implemented on the pathways entrances to the open space. Comments have been received from National Gas Asset Protection Team, advising based on the location entered into the system for assessment the area has been found to be within the High Risk zone from National Gas Transmission plc's apparatus and you MUST NOT PROCEED without further assessment from Asset Protection. However, this is an application to formalise the discharge of s106 obligation and the principle of the development has been permitted under 19/00836/OUT & 24/00541/REM. Therefore, by proceeding with this application would not permit new unknown development. Conclusion: Peterborough City Council, as Local Planning Authority for the area within which the land the subject of the Planning Obligation is situated hereby approves the details required by Schedule 3, Clause 1.
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