To consider a report of the Head of Planning, Economy and Regeneration requesting consideration of proposed changes to the S106 agreement entered into in relation to this planning permission.
Minutes:
The Committee had before it a report of the Head of Planning and Regeneration regarding proposed changes to the S106 agreement entered into in relation to this planning permission.
The Area Planning Officer outlined the contents of the report highlighting the planning permission granted for 330 dwellings in 2015. Since the granting of planning permission discussions had been ongoing with the applicant over the delivery of dwellings on the site together with the preparatory works for the submission of reserved matters. Members at the Planning Committee on 29 March 2017 approved amendments to the timing of payment of financial contributions which formed the basis of a Deed of Variation to the signed S106 agreement of September 2015. A request had now been made by officers to the applicant for further amendments to the timing of payments.
She outlined the proposed changes to the triggers:
· the pre commencement triggers remained the same;
· the first financial contribution will now be paid on or before the 125th dwelling (as opposed to the 150th dwelling),
· the second trigger on the 200th dwelling (as opposed to the 225th dwelling); and
· traveller pitch provision will be made prior to the 300th dwelling (as opposed to the 260th dwelling).
A response was provided to Dr Bell’s statement and question from the beginning of the meeting: the site was not delivered with unit numbers 1 to 260 being open market dwellings and unit numbers 261 to 300 as affordable dwellings. MDDC would be seeking to deliver the affordable housing at the earliest opportunity following signing of the land deal. There was no obligation to wait on the delivery of the affordable housing.
The Planning Committee in March 2017 sought to allow a financial contribution to be made towards off-site gypsy and traveller provision including the cost of the land in lieu of on-site pitch provision on the Chettiscombe Trust land. However, events had since progressed culminating in approval of an outline planning consent with signed S106. Condition 18 required a gypsy and traveller pitch scheme including details of the location of the pitches on site.
The triggers now proposed were not a relaxation or avoidance of gypsy and traveller pitch provision. The change represented a change in terms of the delivery of the pitches in relation to the number of houses. Seeking the delivery of the gypsy and traveller pitches at the 300th dwelling instead of the 260th dwelling remains policy compliant. A traveller pitch scheme for the 3 pitches continued to be worked up at the location identified within the Adopted Masterplan SPD. The site currently identified within the Adopted Masterplan made provision for 3 pitches. MDDC planning department were not seeking to fit both Chettiscombe Trusts and Waddeton parks allocation at this location.
The location identified within the Adopted Masterplan complied with the NPPF and had been endorsed through the adoption of the Local Plan as a suitable site –deemed suitable and deliverable whilst meeting a presumption in favour of sustainable development.
Consideration was given to:
· The delay in the provision of the gypsy and traveller pitches
· Negotiations that had taken place with regard to the provision of the dwellings
· The need to accelerate the provision of the housing
RESOLVED that the timing of payments of the financial contributions and delivery of the gypsy and traveller pitches within the S106 agreement be amended in accordance with the changes requested.
(Proposed by the Chairman)
Notes:
(i) Cllr R L Stanley declared a personal interest as Cabinet Member for Housing and a Director of the SPV and chose to leave the meeting during the discussion thereon;
(ii) The following late information was reported: Clarification of para 2.4 with regards to traveller pitch provision – the pitches will be delivered prior to the first occupation of the 300th dwelling.
(iii) *Report previously circulated copy attached to signed minutes.
Supporting documents: