Agenda item

Planning Application 16/00563/106BA - Site of Showroom and Garages, Water Street, Martock.

Minutes:

Proposal: Application to Modify a Section 106 Agreement dated 20th May 2014 to discharge the affordable housing requirements.

The Planning Officer introduced the application as detailed in the agenda, and reminded members of a similar application considered the previous month.

He updated members that since the agenda had been published, at the request of the developers a meeting had been held with officers and the Area North Chairman. The developers were anxious to stay with an agreement to provide four shared ownership houses but wished to see the profit level raised to 17.5% and that any net profit above that level be divided 50/50 as a contribution towards affordable housing in Martock – instead of the zero affordable housing being proposed in the agenda report.

The amended proposal was therefore being asked to be considered at the meeting for this application, and the officer recommendation accordingly revised to one of approval.

Mr R Powell, Martock Parish Council, noted things had clearly changed since the agenda was published, and the zero housing would have been totally unacceptable. If the offer of four houses was back on the table, that was a figure Martock Parish Council had agreed to the previous month. Whilst he could not give an official response for the parish council he noted that he had contacted parish councillors to obtain their opinions on the revised proposals now being considered – the majority of which had no objections.

Mr Harding, agent, confirmed some details relating to the proposal and noted ideally they were looking to get back on the site within a week. He hope members would approve the revised proposal.

Ward member, Councillor Neil Bloomfield, noted that in a short time scale the developers seemed to be saying they would make another 5% profit. Martock needed affordable homes. He reminded members of the history regarding changed to the affordable housing element on the site. he did not support the application.

Ward member, Councillor Graham Middleton also referred to the short time frame in which the developers had obviously reconsidered their figures, and asked why they had changed their mind regarding the level of the profit.

During discussion comments raised by members included:

· If refused, and it goes to appeal, could end up with no affordable housing at all.

· Unfortunate situation but must keep in mind that the parish council wished to see the site built out and that 4 houses had already been considered to be acceptable.

· Unless legislation is changed, the developer has capacity to request changes to the affordable housing delivery.

· When the parish council had officially considered this application, they were considering delivery of zero affordable housing.

· What was the percentage of appeals lost regarding obligations?

The Area Lead responded to points of detail, and advised members that the change in profit figures from 12.2% to 17.5% represented an increased risk for DCH, the developer.

It was proposed to approve the amended proposal, as per the revised officer recommendation, and on being put to the vote was carried, 7 in favour, 2 against with 2 abstentions.

RESOLVED:

That planning application 16/00563/106BA be APPROVED, as per the revised officer recommendation, subject to four intermediate homes to be provided, an uplift clause to specify 50/50 profit sharing above 17.5% profit based assessment carried out upon occupation of 35^th house. Any money recovered by SSDC to be used towards the provision of affordable housing in Martock.

Justification:

The revisions to the affordable housing provision, for which a financial justification has been made, would not unacceptably undermine the benefits to the community of this development. As such the scheme is considered to comply with the policies of the local plan and the aims and objectives of the NPPF.

That the Section 106 agreement be amended in respect of the housing affordable housing contribution as follows:-

· 4 of the 35 units are to be provided as Affordable Housing (Shared Ownership) Units;

· Upon the occupation of the 35^th Unit, a fresh Viability Assessment will be carried out;

· In the event that the Viability Assessment confirms that the Developer’s Profit will be in excess of 17.5%, 50% of that profit over and above 17.5% will be paid to SSDC as a contribution towards affordable housing.

- retain all other previously agreed obligations not related to affordable housing provision.

(Voting: 7 in favour, 2 against, 2 abstentions)

Supporting documents: