To receive the Head of Planning’s Report No. PLN1715 (copy attached).
Minutes:
The Committee considered the Head of Planning’s Report No. PLN1715, which sought authority to vary the terms of the legal
agreement relating to affordable housing at Phase 9, Queensgate, Farnborough. Members were reminded that, in March 2007,
planning permission 16/00961/FULPP had been granted for the erection of 80
dwellings (27 one-bedroom, 52 two-bedroom and one three-bedroom apartments)
with associated car parking, bin and cycle storage, landscaping and footpath
improvements. This permission had been subject
to a legal agreement which secured:
·
35% affordable housing provision within the site
in accordance with the agreed plan and phasing schedule
·
financial contributions towards open space and
SPA mitigation
·
fitting out and maintenance in perpetuity of the
communal spaces/play area shown on the submitted plans prior to the occupation
of any residential unit
·
allocation and linkage by freehold ownership in
perpetuity of parking spaces to individual dwellings in accordance with an
agreed schedule
The planning permission had secured the provision of 28
affordable housing units. Members were advised that the developer had exchanged contracts with
Thames Valley Housing to be the Registered Affordable Housing Provider on this
site. Thames Valley Housing had reviewed
the completed Section 106 Agreement and had advised that some of the provisions
made therein did not satisfy its lender’s requirements for securitisation
purposes. The main amendments related to
the Mortgagee in Possession clause and any subsequent references to the
Mortgagee.
There was also a request to vary the agreement to delete
clause 4.5 on the grounds of duplication of clause 4.2. In addition, it was
proposed to include a clause that stated that the 2012 agreement for the
wider Queensgate site would not apply to Phase 9. The justification from Thames Valley Housing
for this was “The proposed clause 25 is required as it is our understanding
that the S106 agreement dated 27 July 2012 is still subsisting and binding on
the site (and is noted on your client’s current title as C24). The S106 Agreement already contains
affordable housing provisions and financial contribution requirements –
therefore this carve out is required.”
Members were advised that the Head
of Environmental Health and Housing had been consulted on the proposed changes
in relation to the Mortgagee in Possession clauses and the deletion of clause
4.5. She had advised that the Mortgagee
in Possession clauses would not affect the delivery of affordable housing on
this site. Clause 4.5 was a duplication
of clause 4.2 and as such no objection was raised to
this amendment.
The 2012 Section 106 Agreement had not included the
application site, notwithstanding it related to a different form and use of development which would require a separate reserved matters
submission if the development approved under the 2012 permission was to be
implemented. In the interests of
clarity, there was no objection to the proposed clause as requested.
RESERVED:
That the request to vary the existing Section 106 Agreement with a deed of
variation, as set out in the Head of Planning’s Report No. PLN1715, be
agreed subject to the Council’s costs being paid by the applicant.