To consider a report of the Interim Development Management Manager.
Minutes:
The Committee had before it a *report of the Interim Development Management Manager which confirmed the Committees resolution on 1st December 2021 to accept changes to the S106 agreement relating to outline planning permission 16/01707/MOUT. The Committee were asked for clarification as to how members wished for the revised S106 agreements to be allocated.
The Area Team Leader reminded members of the application by way of a presentation which highlighted an illustrative layout, photographs of the site and the background of the S106 agreement.
Consideration was given to:
· Members views that the relatively small amount of money requested for education from Devon County Council would not have much impact
· There was a mechanism for review of the contribution should the viability assessment change
It was therefore:
RESOLVED that the Council allocate the £23,000 to off-site housing provision for affordable housing.
(Proposed by Cllr B G J Warren and seconded by Cllr E J Berry)
Notes:
i) Cllr S J Clist had declared a Disclosable Pecuniary Interest as he was related to the applicant and was not present for the deliberations or vote
ii) *Report previously circulated and attached to the minutes
iii) The following late information was received:
Response received from Children’s Services at D.C.C.:
‘Given the viability assessment completed on this application, we understand that full education contributions originally signed into a section 106 agreement against this development cannot be secured. Therefore, as you have requested, we have reviewed our position and provide a revised response below based upon current pupil forecasts within Tiverton.
Regarding the above application, Devon County Council has identified that the proposed increase of 41 family type dwellings will generate an additional 10.25 primary pupils and 6.15 secondary pupils which would have a direct impact on the Primary Schools in Tiverton and Tiverton High.
In order to make the development acceptable in planning terms, an education contribution to mitigate its impact will be requested. This is set out below:
In accordance with the Education Infrastructure Plan 2016-2033, DCC will consider the adopted Local Plan allocations in addition to the forecast spare capacity and already approved but not yet implemented developments. We will share the forecast spare capacity of an area proportionately between all outstanding development sites allocated in the Local Plan. Based on this, a percentage is established, which will be requested for developments in the area.
The primary schools in Tiverton are forecast to have capacity for the number of pupils likely to be generated by the proposed development. Therefore a contribution towards primary education infrastructure will not be sought.
Tiverton High is forecast to have capacity for 96% of all pupils likely to be generated by the proposed development. Therefore, Devon County Council would seek a contribution based on the Tiverton secondary percentage of 4% of the total number of pupils generated directly towards additional secondary education infrastructure at Tiverton High School. The contribution sought towards secondary is £5,790 (based on the DfE extension rate of £23,540 per pupil). This would relate directly to providing secondary education facilities for those living in the development.
All contributions would be subject to indexation using BCIS, it should be noted that education infrastructure contributions are based on June 2020 rates and any indexation applied to contributions requested should be applied from this date.
The amount requested is based on established educational formulae (which related to the number of primary and secondary age children that are likely to be living in this type of accommodation) and the cost of transporting pupils from Bampton to Tiverton High. It is considered that this is an appropriate methodology to ensure that the contribution is fairly and reasonably related in scale to the development proposed which complies with CIL Regulation 122.
In addition to the contribution figures quoted above, the County Council would wish to recover legal costs incurred as a result of the preparation and completion of the Agreement.’
Supporting documents: