URL: https://democracy.cheltenham.gov.uk/ieDecisionDetails.aspx?ID=3483

Decision Maker: Head of Development Management, Enforcement and Compliance - Chris Gomm

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: At a meeting of Planning Committee on 29th May 2025, Cheltenham Borough Council agreed to approve application 16/02000/OUT, subject to the prior signing of a S106. A period of 9 months was provided to complete the S106.  This is a cross-boundary application and the Planning Committee of Tewkesbury Borough Council also made the decision to approve the scheme subject to the signing of S106, which was delegated to Tewkesbury Borough Council’s Director of Growth. The following was agreed by Cheltenham Planning Committee: To delegate authority to the Head of Planning to permit the application subject to: A) the conditions as set out or substantially similar as may be agreed under delegated authority given to the Head of Planning; and B) completion of a S106 obligation to deliver the infrastructure and other mitigation, as set out in this report at paragraphs 8.506 and 8.510, and for alterations to s106 heads of terms as may be agreed under delegated authority given to the Head of Planning in consultation with the Chairman and Vice Chairman of the Planning Committee. C) In the event that the S106 agreement remains unsigned nine months after this resolution, that the application is reviewed by the Head of Planning in consultation with the Chairman and Vice Chairman of the Planning Committee, and if no progress is being made delegated authority is given to the Head of Planning to refuse the application in the absence of an agreed S106 Agreement. This officer decision relates to criterion (C) of that decision. Since the decision was made by the Planning Committee, the local planning authority has remained in close engagement with the applicant. This includes a monthly meeting between the Agent, the Director of Planning & Building Control (Cheltenham) and the Director of Growth (Tewkesbury). There are 2 principal reasons why progress has not been made to the extent that the timescale as agreed by Planning Committee can be met: 1. This is a strategic scheme and post the decision further extensive cost planning work was undertaken by the applicant, this is key information that will support the applicant’s inputs into the S106. Officers have been kept informed of this work. 2. The S106 will be a tripartite agreement between the local planning authorities, the applicant and Gloucestershire County Council. There have been key capacity challenges in legal support via the County Council, officers have been engaging actively on this point and the County Council confirmed on 14th January 2026 that an external legal firm has been appointed to support the County Council in delivery. This capacity challenge has been outside the control of either the local planning authority or the applicant. On this basis, it is appropriate to extend the period of time for the signing of the S106, and through this officer decision this is extended to 30th October 2026. Given this is a cross-boundary planning application, an officer decision is also being made by Tewkesbury Borough Council.

Date of Decision: January 20, 2026