Agenda item - Planning Application Validation Requirement - Viability Assessment and Affordable Housing Statement

Report of the Executive Director for Economy, Environment & Culture (copy attached).

That the Committee agrees to the following additional planning application validation requirements which will be published on the public planning register:

·         An un-redacted Viability Assessment for schemes that do not include the necessary planning policy requirements or contributions which is being justified on viability grounds.

·         An Affordable Housing Statement to be provided for policy compliant residential schemes.

44.1    The Committee considered a report of the Executive Director for Economy, Environment & Culture in the relation to the Planning Application Validation Requirement. ThePlanning Manager and Principal Planning Officer highlighted that the report was to seek agreement for an un-redacted viability assessment to be provided as a validation requirement for planning applications that do not meet the necessary planning policy requirements or contributions on viability grounds.

44.2    Councillor Druitt formally proposed his amendment and explained that the amendment aimed to clarify that a fully un-redacted Viability Assessment would be published without exception. He noted that the report stated that in exceptional circumstances some viability information could remain confidential and he raised concern that this could set a precedent for other developers.

44.3    Councillor Mac Cafferty formally seconded the amendment and thanked the officers for the report. He explained that the policy needed to change to ensure affordable housing was being gained through developments. He noted that developers were claiming exceptional circumstances at the Planning Committee regarding affordable housing and the proposed Green Group amendment would ensure that a precedent was not set.

44.4    Councillor Cattell thanked the officers and noted the thorough research that had been completed. She explained that she was proud that Brighton & Hove were to be the first authority outside of London to publish viability assessments. She suggested that a progress report was presented to the Tourism, Development & Culture Committee in six months regarding how many exceptional cases were submitted. The Senior Solicitor noted that if a developer requested that applied for the information to be redacted the officers would judge each case application on its own merits.

44.5    Councillor Moonan noted that she was a Member of the Planning Committee and welcomed the proposal as it was often debated at length. In response to the queries raised by Councillor Moonan the Principal Planning Officer clarified that they were expecting the exceptions to be unusual; however, the applicant would have an option to submit a redacted Viability Assessment with a statement explained why the information needed to be confidential. If the Council permitted the information to be redacted the statement would be published on the website. The Planning Manager added that a planning application would be invalid until either an un-redacted Viability Assessment was submitted or a submitted redacted Viability Assessment had been permitted by the Council.

44.6    Councillor Allen praised the officers and noted that the proposal would help gain 40% affordable housing on larger developments. He explained that the Green Group amendment was not necessary as the recommendations already stated that Viability Assessments would be submitted un-redacted.

44.7    Councillor Mears explained that she welcomed the proposal and the transparency would be positive for the public members. She noted that Councillor Cattell had proposed an update report in six months; however, this would be too early and proposed a report in 12 months.

44.8    In response to Councillor Nemeth the Principal Planning Officer explained the Viability Assessment submitted by the applicant would be assessed by the District Valuer Service (DVS) who would focus on the worth of the land at the time of the applied permission. The report from the DVS would also be published.

44.9    Councillor Druitt noted that the Green Group amendment offered clarity to the recommendations as they were conflicting with the officer’s report. He explained that the proposed recommendations did not allow for redacted Viability Assessments to be submitted; however, the report stated that they could in exceptional circumstances.

44.10  The Chair then put the Green Group amendment to the vote. This was not carried with 2 votes in support and 8 votes against.

44.11  Councillor Mears formally proposed an update report to the Tourism, Development & Culture Committee in 12 months which was seconded by Councillor Nemeth.

44.12  RESOLVED – That the Committee agreed the proposal.

44.13  The Chair put the recommendations to the vote and these were carried unanimously.

44.14  RESOLVED – That the Committee agrees to the following additional planning application validation requirements which will be published on the public planning register:

·         An un-redacted Viability Assessment for schemes that do not include the necessary planning policy requirements or contributions which is being justified on viability grounds.

·         An Affordable Housing Statement to be provided for policy compliant residential schemes.