Cllr Toby Elliott had proposed approval with extra conditions and Dale Heenan had seconded the motion.
Cllr Lovell (Chair):
"OK, just before we go to the vote it would be useful just to clarify what the proposal is."
Richard Bell (Head of Planning):
"Thank you, Chair. As it stands, as far as I understand it, we have a motion now to the effect you’d be voting on “that the Head of Planning be authorised to grant outline planning permission under delegated authority and approve the means of access subject to:
1. completion of a legal agreement in consultation with the Chair, Vice-chair and ward members to secure the planning obligations that are material to that decision; and,
2. conditions set out in this report, with delegated authority to make reasonable amendments to those conditions before issuing formal consent as may be necessary.
If, by the 13th September the legal agreements and conditions have not been satisfactorily resolved, the Head of Planning may refuse planning permission for the following reason:
Developer has failed to enter into legal agreements to secure the necessary infrastructure provision to mitigate the development, and as such the proposal is contrary to policy DS8 of the Swindon Borough Local Plan under urban policy for infrastructure."
"Could we make a change so it’s not just ward members as this is in St Andrews ward, but as we have previously mentioned the majority of traffic goes through Priory Vale ward? So if we then include all Northern Sector councillors..."
"You are asking us to vote on a totally new..."
"Absolutely, absolutely....ok, Nick, you’re next then and Vera I’ll be with you in a moment."
"The only point I will agree with you on this is there seems to be a link between outline approval and the section 106 agreements. Now, I agree with everything you have said about negotiating the section 106 agreement, but I don’t quite understand, because – correct me if I’m wrong, but outline approval granted, if we don’t ever agree the section 106 then the outline approval won’t succeed. You know, we actually have to have a section 106 agreement for the outline approval to fly, take off, run a way whatever you want to call it, so actually making the outline approval wait until you’ve actually negotiated and agreed 106 – I mean if you look at Regent Square, Regents Circus, and the old college building – we gave outline approval to that but it eventually took 8 months to negotiate the 106."
Mr Awojobi (Borough Solicitor):
"Thank you, Chair. I think you are saying the same thing that they recommended, it is just that this is a very fine distinction. What they, the decision tonight, which is a resolution to grant, so which means he doesn’t have to come back to you as long as the conditions of your resolution are met, and one of those conditions is that the 106 be agreed in consultation with ward members, Chair and Vice-chair. So if that is not possible then there is no planning permission to be granted. So you can in principle, you can agree that but subject to that being agreed as asked. And that is the way it is always done. So that remains the package."
"Thank you, right - Vera as ward member?"
"I am sorry to be controversial on this, I did ask at the beginning that the three ward councillors – this will be attached to the St Andrews ward - the road that keeps coming up, Oakhurst Way, is half theirs half ours – we can look after what happens on that road. I feel if too many councillors are included in consultations and decision making we will never get anywhere and if that's the reason that Priory Vale ward councillors are included then surely people in Blunsdon, Highworth, St Margaret, Moredon, Rodbourne Cheney, Haydon Wick should all be included as well."
"What sort of solution is that - Toby?"
"Tonight you have complained about the fact that consultation does not always happen and you want to close the circle further? I think that as many ward councillors as want to have a say should."
"Ok, ok – can somebody from the floor actually give a suggestion how we resolve this?"
"I think because he has proposed and seconded a motion that the Northern Sector councillors and therefore I propose we vote...."