Agenda item

MOUNTBATTEN COURT, BIRCHETT ROAD, ALDERSHOT - SECTION 52 LEGAL AGREEMENT

To receive the Head of Planning’s Report No. PLN1549 (copy attached) on the progress of recent planning appeals.

Minutes:

The Committee considered the Head of Planning’s Report No. PLN1547 (as amended at the meeting) which sought approval to relax a clause in a legal agreement which restricted the age of the occupiers of flats in Mountbatten Court, Birchett Road, Aldershot.

 

The Committee was informed that the owners of Flat No. 5 Mountbatten Court had written to the Council requesting a relaxation of the clause because the age restriction had been causing problems with the sale of the flat.

Planning permission had been granted for the erection of a three-storey block of seventeen two-bedroom flats and nine one-bedroom flats in August, 1987. At the time, parking standards had been considerably higher and based on minimum standards. The developer had provided less than the full requirement on the basis that the flats would be for the elderly. A clause in the legal agreement had therefore been drawn up under Section 52 of the Town and Country Planning Act, 1971 which required that the sixteen flats on the ground and first floors should be occupied by at least one person of pensionable age.

 

Following consultation with the residents of Mountbatten Court, one letter had been received from the executors of the late owner of Flat No. 13 who had indicated that they had no objections in respect of the request from the owners of Flat No. 5 and, in addition, making their own request for non-enforcement in respect of Flat No. 13. Another letter had subsequently been received from the managing agents for the Mountbatten Court Management Company, who confirmed that they were in support of the Council not enforcing the terms of the Legal Agreement in terms of the age restriction of occupiers.

 

It was also noted that none of the age-restricted flats at Mountbatten Court had been designed to current mobility standards and the age restriction had only been imposed because the developer had been unable to provide enough parking on the site for the development. Since planning permission had been granted, the Council’s parking requirements had changed significantly in response to changes in Government planning guidance. The parking standards applicable to residential development did not now make any distinction in terms of parking requirements between general purpose flats and those restricted to residents of pensionable age. The only reductions in parking requirements available for residential development now related to sheltered housing establishments providing care to much less mobile residents. Furthermore, current Government guidance and the Council’s adopted parking requirements allowed for significant reductions in parking provision in town centre locations.

 

On considering the above, the Committee agreed that retention of the age restriction would no longer serve a planning purpose. In addition, the approach had previously been agreed for other flats in the development, the most recent being Flat No. 10 in November, 2013. Similar age-restricted flats in Phoenix Court had also been subject to requests for relaxations and had been allowed by the Council. In the circumstances, it was therefore felt that the Council should not seek to enforce the terms of the legal agreement in respect of Flat Nos. 5 and 13 Mountbatten Court.

 

RESOLVED: That the Solicitor to the Council be authorised to advise the persons making the above request that the Council is minded not to enforce the terms of the Section 52 Agreement in respect of Flat Nos. 5 and 13 and that they be invited to enter into a Deed of Release, upon payment of the Council’s legal costs, to release the property from the terms of the Section 52 Agreement..