Minutes:
The Committee received the Head
of Planning’s Report No. PLN1537 (as amended at the meeting) which sought
authority to vary the terms of the 2014 legal agreement relating to the payment
of financial contributions in relation to Plot Nos. 472 – 482 of the North
Town, Stage II development. The request was to vary the payment of financial
contributions on a pro-rata basis, with the remainder of the contributions
being paid and the clauses relating to affordable housing and the travel plan
taking effect when Phase 6 was implemented in 2017.
The Committee was informed
that, whilst Plot Nos. 472 – 482 had been approved as part of the Stage II
planning permission, the plots were surrounded by development which had been approved
and were located within Phase 4 of the Stage I planning permission issued in
October, 2009. The applicant, First Wessex, had confirmed that Plot Nos. 472 –
482 would be built at part of Phase 4 of Stage 1. This meant that the
construction of those plots would implement the 2014 permission and would
trigger the clauses in the 2014 agreement. As the remainder of the Stage II
permission (identified as Phase 6) was not due to be commenced until Summer,
2017, the applicant had requested that the 2014 agreement be amended, such that
the open space, Special Protection Area (SPA) and transport contributions would
be paid on implementation on a pro-rata basis for Plots 472 – 482, with the
remainder of the contributions being paid and the clauses relating to affordable
housing and the travel plan taking effect when Phase 6 was implemented in 2017.
It was highlighted that, given
its size, the development would take place over an extended period of time. To
date the applicant had completed 243 dwellings pursuant to the 2009 permission.
It was noted that the main reason that Plot Nos. 472 – 482 had been excluded
from the remainder of Phase 4 had been due to a lack of SPA mitigation being
available in 2009. Given the overall construction programme for the site and
the disruption that would arise to future residents of Phase 4 if Plots 472 –
485 were to be built in 2017, it was considered both sensible and logical to
complete these plots as part of Phase 4. To this end it was agreed that the
financial contributions due to Rushmoor in respect of
open space and SPA mitigation could be paid on a pro-rata basis. The 2009 and
2014 permissions had both included clauses relating to the provision of
affordable housing. Given the small number of units concerned (four affordable
units out of eleven), in the context of a total number of units (a minimum of
172 affordable units out of 431 and 79 affordable out of 226) and the
applicants’ status as a registered social housing provider, it was considered
that the proposed variation would not prejudice the overall provision of
affordable housing for the North Town redevelopment.
The Head of Planning’s Report
was updated at the meeting and the Committee was informed that the Council’s
Strategy and Enabling Manager had written in support of the proposed variation
on the grounds that it would improve the programme deliverability and viability
for the regeneration of North Town and would ensure that the existing tenants
with changing housing needs in relation to household size could be met more
quickly. In addition, the County Highway Authority had advised that, as the
only change had been to vary the timing of the contributions, it was happy for
this deed of variation to be progressed.
RESOLVED: That the request to vary the existing Section 106 agreement with a deed of variation, as outlined in the Head of Planning’s Report No. PLN1537 (as amended) be agreed, subject to the costs of Rushmoor Borough Council and Hampshire County Council being paid by the applicant.