Agenda item - Request to Discharge Unilateral Undertaking in Association with Planning Permission Reference BH2007/00862, 74-75 Trafalgar Street, Brighton

30.1    The Solicitor to the Committee introduced the report and stated that a financial contribution to amend a traffic regulation order had to be paid to the Council under the terms of S106 Unliateral undertaking dated 20 February 2008 relating to the above planning application. However, unfortunately the development was not built in accordance with the terms of the planning permission and the development was therefore un-authorised. A retrospective application seeking approval of the development as built was subsequently submitted and approved, subject to a further S106. Effectively the contribution already paid was then transferred to the new S106. The original S106 is now obsolete and the report recommended that the same can be formally discharged.

30.2    Councillor Davey asked if the new application had already been granted, and whether the new S106 conditions had been met and the Solicitor agreed that they had. The money had been paid as part of the previous scheme and would be transferred over as part of this new application.

30.3    RESOLVED – That the committee authorizes officers to discharge the Unilateral Undertaking dated 20 February 2008 in association with planning permission BH2007/00862.