Issue - meetings

Description of application – Section 106A application to amend the terms of the legal agreement attached to planning permission ref 17/04478/FULL1.

Oral representations in support of the application were received from the applicant’s agent who gave the following responses to Member questions:-

·  Variation to the occupation restriction from the 18^th to the 23^rd dwelling would ensure that the first phase (20 residential units) could be fully built out and occupied. It would also give flexibility should the proposed phases change.

·  The stadium would be developed up to waterproof shell at which point funding from the first phase of the residential element would go towards its completion.

·  Discussions were currently taking place with PA Housing in regard to the provision of affordable housing.

·  The second phase of the residential element would not be occupied until the stadium had been completed.

Councillor Boughey considered that variation of the S106 Agreement would help to secure a provider and ensure that all phases of the development would be completed. While there was a small risk that the residential element would be completed without the stadium, this was outweighed by the benefit of the whole development to the local community. Councillor Boughey moved that approval be given.

Councillor Terry alluded to previous issues on the site and while he too was concerned with the risk of being left with housing on Green Belt land and no stadium, on balance he supported the scheme. He seconded the motion for approval with a condition that delegated authority be given to officers to explore the option to review accounts as the scheme progressed.

Councillor Onslow asked if officers had seen evidence that interested Registered Parties (RPs) had advised they were keen to enter into a contract. The Head of Development Management reported that the applicant had provided details of the RPs that had been approached and each one had raised the current occupation limit as an issue.

Councillor Bear proposed that paragraph 1.5 of Schedule 1 be amended to reflect phase 1 completion only and to delete the words ‘(unless agreed otherwise in writing with the Council)’. Councillor Fawthrop seconded the proposal.

The Head of Development Management confirmed that the original application was accompanied by a financial viability assessment which confirmed that some funding for the development would be provided by the Club.

The Legal Representative advised it was possible for negotiations to begin on the S106 Deed of Variation and be reported back to the next DCC meeting. This could include an updated financial viability appraisal.

Members having considered the report and representations, RESOLVED that the DEED OF VARIATION BE APPROVED SUBJECT TO LEGAL AGREEMENT as recommended and that negotiations on this be reported back to the next DCC meeting together with an updated financial viability appraisal.