Agenda item - Former Nurses Accommodation, Brighton General Hospital, Pankhurst Road, Brighton : Request for a Variation of S106 Dated 9 August 2010, Signed in Association with BH2010/01054

Report of the Strategic Director, Place (copy attached)

163.1         The Committee considered a report regarding a request for a variation of the Section 106 Agreement signed in association with planning permission reference BH2010/01054: Former Nurses Accommodation, Brighton General Hospital, Pankhurst Road, Brighton.

163.2         The Senior Planning Officer, Aidan Thatcher, introduced the item, and highlighted an additional response on the Late List received from the Housing Commissioning Team. The application was seeking consent to vary the S106 Agreement; the site had been cleared in preparation for the commencement of works for a mixed use development of housing, employment and community facilities. The applicant was requesting that the agreed 80% affordable housing be reduced to 40% to ensure the scheme remained financially viable. The original allocation figure had been agreed as a larger application site was expected to come forward, and the 40% was considered acceptable due to the smaller size of the site and the provision of community facilities. The proposed amendments to the agreement would also include the provision of public art within the scheme equating to £55k and agreement that a minimum 20% of the labour force be local. The request to vary the S106 Planning Obligation was recommended for approval.

163.3         In response to a query from Councillor Hawtree Officers explained that since revisiting the S106 Agreement with the applicant they had sought to bring the scheme forward without reducing the funding in  the agreement; consequently the reduction in the level of affordable housing was considered the appropriate way to achieve this.

163.4         Councillor Carden noted his concern in relation to the reduction in the level of affordable and social housing. Councillor Hyde noted that she agreed with Councillor Carden’s comment in principle; however, the original 80% figure had been an aspiration and part of a much larger scheme. She was satisfied that the scheme complied with the relevant policies and it was important that work on the site progress. Councillor Farrow also agreed with Councillor Carden’s comments and stated his view that the developer should commit to the earlier agreed figure of 80%. The Head of Development Control, Jeanette Walsh, highlighted the comments in support of the variation from the Housing Commissioning Team, and stated the developer and applicant was a registered housing provider.

163.5         Councillor Bowden asked if Officers had considered increasing the level of local employment on the site. In response it was explained that the figure proposed was already above the 15% figure that would be considered if this were a new application.

163.6         On a vote of 10 to 2 the proposed variation to the S106 Agreement was agreed.

163.7         RESOLVED – That the Committee resolves to allow the completion of a deed of variation to the S106 Agreement dated 9 August 2010 relating to land at Former Nurses Accommodation, Brighton General Hospital, Pankhurst Road, in accordance with the proposed heads of terms set out in section 8 of the report.