Agenda item

Application to modify Section 106 planning obligations pursuant to planning permission 12/01263/EXT.

The Committee received the report of the Development Management Section Head.

The Development Management Team Leader introduced the item, explaining that planning permission granted in 2013 had been accompanied by a Section 106 Unilateral Undertaking.  One of the obligations was the provision of six one-bed flats on the site for affordable housing.

The applicant had requested that the clauses relating to the provision of the affordable housing units be deleted.  This was because no registered provider was willing to purchase the units due to the fact that they did not meet the minimum floor areas required by the Homes and Communities Agency.

In lieu, the applicant had agreed to make a financial payment to the Council towards the provision of affordable housing or other identifiable housing needs within the Borough.

The Development Management Team Leader explained that the circumstances surrounding this application were unique.  They arose from changes to affordable housing thresholds, such that the units were no longer suitable.  Watford Borough Council did not have a policy on commuted payments and it was not intended that the proposed arrangement should set a precedent for the future.

The update sheet demonstrated that an alternative solution to use the units for temporary accommodation had been discussed, but had been found impractical.  The option of a commuted payment was therefore the preferred way forward.

Following further discussions with the applicant’s agent, the applicant had agreed to increase the financial payment to £220,000 – an amount sufficient to enable the Council to purchase a unit on the open market to be used for affordable accommodation.

The Chair invited Matthew Spilsburg, the agent, to speak to the Committee in support of the application.

Mr Spilsburg outlined the considerable attempts which had been made by the applicant to fulfil the conditions of planning permission 12/01263/EXT.  The applicant had worked constructively with Council officers to find an alternative solution, including a late proposal to use the units for temporary accommodation.

Drawing the Committee’s attention to a letter from Mr Brandon Lewis, Minister of State for Housing and Planning at the Department for Communities and Local Government which had urged local authorities to take a flexible approach to affordable housing renegotiation, Mr Spilsburg asked the Committee to take a pragmatic approach to the proposed commuted payment.  This had been increased, with the agreement of the applicant, from £177,200 to £220,000.

Thanking the speaker for his comments, the Chair opened the debate to the Committee.

Accepting that the minimum standards for the size of units had changed, Councillor Bell nevertheless expressed frustration that it had not been possible to secure much needed affordable housing for the Borough.  He concurred with the view that the commuted payment should not set a precedent for future developments.

Agreeing with these comments, Councillor Bashir sought assurance that the Council’s requirements would in future match accepted standards for affordable housing accommodation.

Responding to Councillor Bashir’s comments, the Development Management Team Leader confirmed that Watford Borough Council’s policies complied with the Homes and Communities Agency’s requirements.

Councillor Johnson commended the applicant for his attempts to meet the terms of the planning permission.  He further added, that whilst the loss of the six units for affordable housing was lamentable, the commuted payment did provide the Council with some money to invest in alternative accommodation.

The Chair then moved the officer recommendation, which included an increased financial contribution from £177,200 to £220,000.

RESOLVED –

That the Unilateral Undertaking forming part of planning permission ref. 12/01263/EXT be modified by a Deed of Variation as follows:

1.     Deletion of Clauses 3.1(e) and (f).

2.     Insertion of a new Clause 3.1(e) with the following wording:

“3.1(e) On commencement of the development to pay to the Council the sum of £220,000 (two hundred and twenty thousand pounds) towards the provision of Affordable Housing in the Borough of Watford or other housing to meet identified housing needs in the Borough.”