Planning Committee 9/8/2011 | Part 4 | Agenda item 13 – SECTION 106 LEGAL AGREEMENT – REEDS LANE

Cllr Ian Lewis said he was surprised that they [Wirral Council] didn’t take ownership and that the residents want to have the opportunity to comment. They had been in the same position over the water feature. In that case there had been no consultation with residents, however he was not aware of great support for the play area. He asked them [the Planning Committee] to agree to return the money.

Cllr Elderton said he wished to seek legal advice on what would happen if Wirral Council didn’t comply with the terms and conditions of the s.106 agreement. The legal advice given was that the variation made in not having a play area would set a precedent for the future. Matthew Rushton explained it was a matter for the Planning Committee and would result in the money being returned, however he said he hadn’t read the s.106 agreement. There was a requirement for 3600m², there would have to be alterations.

Cllr Brian Kenny asked a question regarding the recommendation. He said if they approved the recommendation they would be no further forward. He noted on page 45 the need to make a decision. If the play area was approved or not, what were the alternatives?

The Chair said there were three alternatives. Deciding option two or three was recommended.

Cllr Mitchell said that option a) would result in a decision to agree to the construction and support for it to continue. He said he had listened to Cllr Lewis. He would hate to be known as the councillor in the press that didn’t allow children to play. He said all authorities were getting rid of play areas.

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