A HOUSING developer in Liskeard has submitted a request to Cornwall Council to be relieved of its Section 106 requirement for the construction of a footpath and cycle link connection at Trevethan Meadows.

Section 106, also known as planning obligations, are legal agreements between a local planning authority and a developer, binding the land and its future owners to mitigate the impact of a development on the local community and infrastructure. These agreements ensure that developers contribute to the provision of infrastructure, services, or other measures needed to make a development acceptable in planning terms.

Persimmon Homes have said that the land which the footpath and cycle link connection goes through is no longer in its ownership and is seeking advice from Cornwall Council on the mechanism which to be relieved of its obligation to provide it.

In the submission, it was stated: “Advice is sought with regard to reviewing the S106 agreement to agree a mechanism to release Persimmon Homes from the s106 obligation to provide a footpath/cycle link connection at Trevethan Meadows, Liskeard. Persimmon Homes do not own the (0.1 hec) land subject to this application, with Wain Homes currently having control and an interest over the land.

“Persimmon Homes consider a Deed of Variation/Modification is required to address a s106 obligation that we cannot deliver due to Persimmon not having any control or ownership over the subject land. A legal opinion is required to understand the councils view of this change and a confirmation of the mechanism to make said amendment.”

Accompanying documents later added: “Pre application submission advice is sought with regard to reviewing the Section 106 Agreement to agree a mechanism to release Persimmon Homes from the s106 obligation to provide a footpath/cycle link connection at Trevethan Meadows, Liskeard.

“As part of the Section 106 Agreement in connection with the original planning consent PA10/013248, Persimmon were required to provide a footpath/cycle link shown between points X and Y on drawing number 813-03. This land is no longer under the ownership or control of Persimmon Homes but owned by Wain Homes.”