Agenda item - Request for Deed of Variation, Former Portslade Brewery, South Street, Portslade

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Agenda item

Request for Deed of Variation, Former Portslade Brewery, South Street, Portslade

Report of the Head of Planning (copy attached)

Minutes:

69.1      The Committee considered a report of Head of Planning requesting that they consider and determine a request to vary the Heads of Terms of the Deed of Variation to the Section 106 Agreement dated 3 November 2017 in connection with the planning permission BH2018/02373 (original application BH2016/02459) to vary the clause requiring that two shared ownership dwellings are to be provided to instead provide a financial contribution for offsite affordable units in lieu of the on-site provision.

 

69.2      It was noted that an in-depth presentation had been provided by officers in advance of the meeting and was included on the council website detailing the scheme by reference to site plans and elevational drawings which showed the proposed scheme and the proposed amendments. It was explained that the main considerations in determining this application related to the principle of varying the legal agreement to allow for the payment of a commuted sum in lieu of the on-site provision of two three-bedroom dwellings in shared ownership. The Housing Strategy Team had not been able to make a viable case to take on two affordable units and as such had agreed a commuted sum could be made in lieu of the on-site provision. The commuted sum would be put towards the council’s affordable housing programme which was considered to have the benefit of providing homes with greater levels of affordability than the two shared ownership units which would have been provided on site. Under those circumstances the applicant’s proposal to vary the legal agreement was considered to be acceptable and approval was therefore recommended.

 

            Submission by the Applicant’s Agent

 

69.3      Mr Ramikrishnan and Mr Albay spoke in support of their request explaining that they had been unable to find a registered provider to take on the two affordable units. The Housing Strategy Team had indicated that they were satisfied that every effort had been made to achieve the sale of the two shared ownership units on this occasion. A number of avenues had been explored and no registered provider had expressed any interest in taking on these units.

 

63.4      Emma Kumar of the Housing Strategy Team stated that as a viable case had not been made to take on these two units, provision of a commuted sum in accordance with the agreed formula was considered acceptable. The sum offered by the applicant was in accordance with the guidance.

 

63.5      Councillor Fishleigh stated that the units to be provided for sale would be expensive and based on that and the marketing being undertaken on behalf of the developer she did not consider that the commuted sum was acceptable and considered that this and the options  explored with registered providers should be revisited.

 

 

63.6      Councillor Shanks was in agreement that the application should be deferred in order to enable housing strategy to revisit and reconsider options which would avoid a commuted sum option and to explore the number of registered housing providers being considered. Councillor Osborne agreed stating that there were similar concerns to those expressed in respect of the Deed of Variation application which preceded this one, for consistency this application should be deferred to. Councillors Bagaeen, Theobald and Williams concurred in that view.

 

63.7      The Chair, Councillor Littman concurred that as Members had expressed concerns regarding the level of supporting information provided in respect of both Deed of Variation reports, a case could be for deferring consideration of both in order to enable more detailed information to be provided in support

 

69.8      A vote was taken and the 9 Members who were present voted by 4 with 5 abstentions that consideration of the application be deferred in order to allow the Housing Strategy Team to reconsider the options on avoiding the move to a commuted sum and to explore the number of registered  housing providers being considered.

 

69.9      RESOLVED – That consideration of the Deed of Variation request be deferred for the reasons set out in paragraph 69.8 above.

Supporting documents:

 


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