Issue - meetings

Granted permission to enter into separate Deed(s) of Variation to vary:

·             the Principal s106 agreement associated with planning application reference 22/2225 (Phase 1) and related Second Deed of Variation to the Principal Deed of Agreement; and

·             the s106 agreement associated with planning application reference 23/2811 (Phase 2).

PROPOSAL

Deed of Variation to Phase 1 and 2 development to secure the following changes:

·                 Alteration of the Late Stage Review mechanisms to require the provision of additional payments in lieu (PiL) upfront towards affordable housing in the local area (instead of a late stage review) within 12 months of material start.

·                 The additional PiL proposed overall is £6m; which will equate to an additional £2.106m for Phase 1, and £3.911m for Phase 2 (n.b. This is in addition to the PiL already secured for the relevant Phase 1(£2.224m) and Phase 2 (£5.34m) developments).

·                 As per the previous Deed(s) of Agreement, the additional PiL proposed to be utilised to fund the provision of additional low-cost rent affordable housing, being affordable housing that is provided that goes beyond the minimum secured through the relevant planning consents for the site(s).

·                 If at any time between a Material Start and Practical Completion of the Development works cease and subsequently no works of construction are carried out on the Land in respect of the Development for a continuous period of at least two (2) years, the agreed Late Stage Review mechanisms are retriggered.

RECOMMENDATION

(1)            That the Planning Committee resolves to enter into separate Deed(s) of Variation under Section 106A of the Planning Act to vary:

              (i)                the Principal Section 106 agreement associated with planning application reference 22/2225 (‘Phase 1’) and related Second Deed of Variation dated 25th April 2024 to the Principal Deed of Agreement dated 3rd May 2023.

             (ii)                the Section 106 agreement associated with planning application reference 23/2811 (‘Phase 2’) and.

(2)      To delegate authority to the Head of Planning and Development to agree the wording of the respective Deed(s) of Variation.

(3)      The separate Deed(s) of Variation sought for Phase 1 and Phase 2 would secure changes to the obligations secured already through legal agreements, to amend the Late Stage Review mechanisms, and to require the provision of additional PiL payment of £6m upfront; equating to £2.106m for Phase 1 and £3.911m for Phase 2 (indexed from date of committee resolution) towards the provision of additional low-cost rented affordable housing (within Use Class C3) within the local area.

Gary Murphy (Principal Planning Officer) introduced the report, stating that the application was seeking approval to vary the existing permission in relation to the development to provide an upfront fixed contribution of £2.1m (Phase 1) and £3.9m (Phase 2) in lieu of the late-stage review mechanism included within the original planning permission.  This would be in addition to the financial contributions already secured with the amendment being sought designed to enable the applicant to secure beneficial lending terms providing construction was to commence within 24 months.  In response to clarification requested by the Committee, officers confirmed that the proposed payments had been subject to a viability assessment with planning permission already granted for the overall development which had included a late-stage review mechanism designed to secure additional contributions towards affordable housing should scheme viability improve, which remained uncertain.

The Chair thanked Gary  ...  view the full minutes text for item 4