Agenda item

Application Proposal: Application to remove affordable housing obligation from S106 agreement dated 18^th March 2015 between South Somerset District Council and Rosemary Jane Pring and Rosaling Claire Rayland and Summerfield SD3 Limited.

(Having earlier declared a personal and prejudicial interest, Councillor Jenny Kenton left the room during consideration of the application.)

The Area Lead West introduced the report and with the aid of slides and photographs summarised the details of the application as set out in the agenda.  The key consideration was viability.  The Area Lead West advised that the application was accompanied by a visibility appraisal which had been assessed by the District Valuer. Members were recommended to agree to vary the Section 106 Agreement to reduce the provision of affordable housing on site from 8 units to 3 low cost homes.  The Area Lead West confirmed that the Corporate Strategic Housing Manager and District Valuer both supported the proposal.

In response to member questions, the Area Lead West confirmed that:

·         There were no viability issues at the time the S106 was signed;

·         There was no time limit imposed by the government in terms of when an applicant can apply to vary the affordable housing provision;

·         He could include an overage clause;

·         He had spoken to the Corporate Housing Manager since the publication of the report and that he was willing to accept the offer of 3 low cost homes.

At this point in the proceedings it was proposed and seconded to exclude the press and public from the meeting in order to discuss the confidential District Valuer’s report.  It was therefore RESOLVED that the report be considered in Closed Session by virtue of the Local Government Act 1972, Schedule 12A under Paragraph 3: “Information relating to the financial or business affairs of any particular person (including the authority holding that information”)

Following discussion of the District Valuer’s report, the press and public were welcomed back to the meeting.

During discussion on the application, members sought assurance from the applicant that he was content to keep the low cost homes in perpetuity.

Ward Member, Cllr Amanda Broom commented that the application had been debated by Chard Town Council and that they fully supported the District Valuer’s viability report.  She was of the view that there should be more provision on the site but if the proposal was not supported, the end result could be less.

At the conclusion of the debate, it was proposed and seconded to approve the Planning Officer’s recommendation as outlined in the agenda report subject to:

·         The words ‘in perpetuity’ to be inserted after the words 3 low cost homes;

·         The inclusion of an overage clause

On being put to the vote, the proposal was unanimously carried.