Meeting documents

Application proposal: To remove affordable housing obligation from Section 106 Agreement in relation to planning permission 10/03721/FUL

The Area Lead North/East with the aid of slides and photographs summarised the details of the application as set out in the agenda report including the key consideration of viability.  The Area Lead North/East updated the report with the following information:

·         An e-mail had been received from the Chair of Misterton Parish Council, who was unable to attend the meeting.  The Parish Council was of the view that affordable housing was greatly needed and should be regarded as a social policy priority.  Betterment Homes had taken a chance and the obligation should be honoured;

·         Since the publication of the report, the applicant had lodged an appeal against non-determination of the application.  The Area Lead North/East updated his recommendation to ask members to consider whether or not the District Council should defend an appeal bearing in mind that sufficient information had been received to support the applicant’s argument that the provision of 10 affordable housing as part of the development would make the scheme unviable.  He advised members not to defend the appeal given the District Valuer’s review of the viability information but if members were to take a different view they would need to look for reasons to defend the appeal;

·         With regard to the Section 278 Agreement, members were informed that there were still ongoing issues to be resolved with Somerset County Council with regard to the entrance to the site;

·         Yarlington Housing Group had recently indicated that they may be prepared to look at an offer for the affordable houses.

In response to questions, the Area Lead North/East clarified points of detail raised by members.  Members were informed of the following:

·         There were still 30 dwellings including flats to be commenced with about half of the site complete.  The Area Lead North/East was unsure of how many dwellings were sold or occupied;

·         It was approximately 18 months since the first occupation and therefore the first review period had not been reached;

·         The Area Lead North/East was satisfied that the application fell within current legislation;

·         The application was made under S106BA which came into effect in April 2013 and allowed any applicant to apply to vary their planning obligation regardless of when it was entered into.

The Chairman reminded members that the application had been deferred at the August Area West Committee meeting to enable the District Valuer to attend to answer members’ detailed questions.

At this point in the proceedings, it was proposed and seconded to go into confidential session to question the District Valuer on the information contained within the Development Viability Appraisal, which was a confidential report.

During the closed session, the District Valuer responded to members’ questions on points of detail regarding the costs contained within the Viability Appraisal.

The Committee went back into open session and members of the public and press were welcomed back to the meeting.

Ward Member, Cllr. John Dyke commented that a housing needs survey had been undertaken in the village which had identified a need for 6 affordable houses.  He considered that this application was likely to be the only opportunity for providing this housing need.

During discussion, members felt disappointed over the conclusion of the application and that the affordable housing element would not be provided by the developer.  They did not feel that anything fundamentally had changed since the approval of the original application but felt that having regard to the legislation and guidance they had no other option but to support the officer recommendation to not put forward any evidence to the appeal.

It was proposed and seconded to not present any evidence to the appeal and to send a letter on behalf of the Area West Committee to the District Councils Network outlining its concerns.