To receive the Head of Planning’s Report No. PLN1716 (copy attached).
Minutes:
The Committee considered the Head of Planning’s Report No.
PLN1716, which sought authority for the Solicitor to the Council to complete a
legal agreement to address the impacts of the development as identified in
Reason for Refusal Nos. 2, 3 and 4.
Authority was also sought to include in the
legal agreement an appropriate financial viability re-assessment clause.
The Committee was advised that, further to
the decision by the Committee in March 2017 to refuse planning permission
(16/00905/FULPP) for a “proposed residential development involving erection of
extensions above both the existing Boots shop and the Wellington Centre
multi-storey car park comprising of a total of 43 dwelling units (15
one-bedroom, 25 two-bedroom and 3 three-bedroom units), to include construction
of new building access cores, elevational alterations to the multi-storey car
park and alterations to the entrance of Victoria House”, the applicant had
indicated that they intended to lodge an appeal to the Planning Inspectorate. In this respect, the applicant had advised
that they wished to submit a draft Section 106 Agreement to the Inspector in
order to address those reasons for refusal that related to Section 106
contributions.
The Committee was further advised
that there was a general duty imposed on all involved in the appeal process to
act reasonably and to seek to resolve matters of dispute where possible. Undertaking the work in connection with
Section 106 contributions would not affect the Council’s position in relation
to Reason for Refusal No. 1, the details of which were set out in the Report,
but would remove the need for the Council to defend Reason for Refusal Nos. 2,
3 and 4 with the appeal proceedings.
The Report advised that, as had been set
out in the Report presented to the Committee on 29th March, 2017, as any
planning permission that might be granted on this site could take some time to
build-out once implemented, there was also a need (as had been recommended by
the District Valuer in assessing the applicant’s
Financial Viability Assessment which had been submitted with the application)
for the Section 106 Agreement to be subject to a financial re-assessment
clause. This would ensure that
the applicant/developer did not benefit from any improvement in the market
value of the scheme that could justify provision of affordable housing or an
equivalent financial contribution in the event that completion
of the proposed development were to be protracted. This had been subject to discussion with the
applicants and their solicitors prior to the refusal of the application and it
was considered essential that this clause would remain to ensure compliance
with the requirements of Rushmoor’s Core Strategy
Policy CP6 (Affordable Housing).
RESOLVED: That
(i) |
authority be given to the
Solicitor to the Council to complete a legal agreement to address the impacts
of the development as identified in Reason for Refusal Nos. 2, 3 and 4 as set
out in the Head of Planning’s Report No. PLN1716; and |
|
|
(ii) |
authority be given for the legal
agreement to include an appropriate financial viability re-assessment clause
for the reasons re-stated in the Report. |