Icon Hotel Luton Stuart Street Luton LU1 2SA

1. 1.The proposed development, in the absence of a s106 Legal Agreement to provide appropriate improvement, benefits and monitoring that directly relate to the development, would fail to adequately mitigate the impact of the development to provide necessary social, environmental and physical infrastructure improvements arising directly from the development, contrary to the National Planning Policy Framework (2024) and Policies LLP1, LLP2, LLP16, LLP24, LLP31 and LLP39 of the Luton Local Plan 2011-2031 (2017). 27th June 2025 See Notes for Applicants Attached. TOWN AND COUNTRY PLANNING ACT 1990 TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 2015 Continuation (Forming part of Application No: 22/00170/FUL In particular, the applicant has refused to pay the £10,000 monitoring fee (£5000 at the time of signature), this would fail to meet the requirements of Regulation 122 (2A) of the Community Infrastructure Levy (CIL) Regulations 2010 (as amended). The failure to guarantee, via the s106 a mechanism by which the Local Planning Authority can secure the payment of the fee for monitoring and reporting on planning obligations would leave the application deficient of any resources to cover the cost of monitoring and reporting on delivery of the associated S106 obligation, for the lifetime of the obligation; placing an undue financial burden on the Local Authority alone, and be contrary to the purpose of the Monitoring Fee as set out in the justification and authorisation report (agenda item no.7) agreed by the Development Management Committee on 29th June 2022, effective from 27th May 2022. ADVISORY: If this is your first submission for this form of development, before making your re-submission, we recommend that you seek formal pre-application advice to assist in addressing the concerns raised in the assessment of this application. Please note that any such advice may not guarantee an approval. Details of this service can be found on the planning pages of the website 27th June 2025 TOWN AND COUNTRY PLANNING ACT 1990 TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 2015 Continuation (Forming part of Application No: 22/00170/FUL Part 2: Biodiversity Net Gain – Information on Statutory Requirement The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for development of land in England is deemed to have been granted subject to the condition (biodiversity gain condition) that development may not begin unless: (a) a Biodiversity Gain Plan has been submitted to the planning authority, and (b) the planning authority has approved the plan. The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan, if one is required in respect of this permission would be Luton Borough Council. There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. These are listed below. Statutory exemptions and transitional arrangements in respect of the biodiversity gain condition.

From the council's decision notice.

Postcode

LU1 2SA

Application type

Full Application

Scale / size

Large

Number of dwellings

102

Date validated

14 February 2022

Consultation expiry

29 June 2022

Consultation start

21 February 2022

Consultation end

9 June 2022

Neighbour consultation start

15 June 2022

Neighbour consultation end

29 June 2022

Last date for comments

29 June 2022

Target decision date

16 May 2022

Committee meeting

29 June 2022

Applicant

Private applicant

Agent address

5 Jilling Ing Grove Earlsheaton Dewsbury Wakefield WF12 8DT

Case officer

Franc Genley

Statutory period

91 days

Last advertised

2 March 2022

Site notice start

22 February 2022

Documents

48

Constraints

4