Agenda item

(Director of Planning and Economic Development) To consider the attached report.

The Committee gave further consideration to a site at 212 Manor Road, Chigwell which had last been considered on 5 April 2011.

At that meeting it had been resolved to give the applicants a further period in which to complete an agreement under Section 106 of the Town and Country Planning Act 1990 which sought to secure a number of planning obligations without which the Council was of the view that the ‘very special circumstances’ test on applications within the Green Belt was not met.

Since that meeting, officers from the Planning and Housing Services Directorates had held further discussions with the applicant to attempt to secure the Heads of Terms of the agreement.

The applicant had stated that the affordable aspects of the development were no longer viable as previously submitted. The tenure mix of affordable dwellings had been agreed at a time when there was an assumption that capital grant would be provided by the Homes and Communities Agency (HCA). This grant funding was no longer available on sites where there was a Section 106 Agreement. Without this grant funding, the applicant had expressed the view that only 33% of the dwellings could be provided as affordable. 

Additionally, it was considered that given the passage of time which had passed since the original approval, the changes in economic circumstances meant that the contribution towards the re-opening of the post office counter also affected the viability of the proposal. On balance, therefore, officers considered that the need for affordable housing on the site was greater than the need for the contribution to the Post Office Counter. The sum envisaged for this had therefore been taken into account in subsequent discussion with the applicant on tenure mix and number of affordable housing before the Committee.

Negotiations with the proposed housing association, Moat, had indicated that subject to consent of their board and of the HCA following the date of the meeting, it would be prepared to use its own grant monies to provide 60% of the total number of affordable homes as rented housing. The Committee noted two different permutations of tenure mix which demonstrated the effect of approval or non-approval from the HCA.

The Committee also noted that the Applicant was to transfer part of the site to provide surface level car parking for the adjacent site which was desirable and would reduce the number of dwellings by one.

Members heard from an objector to the scheme and late representations were reported.

The Committee were of the view that that, locally, there was a wish for the post office to be reopened. The original contribution was split with the adjacent site and was designed to cover a three year period of operation. It was noted that if the sum was included, it would have the effect of reducing the amount of affordable housing by 1-2 units reducing the overall percentage to approximately 76% and would require further negotiation with the applicant. The Committee considered and adopted a motion that the contribution should be included.

The Committee granted the changes to the proposed Section 106 Agreement subject to the above alteration and granted a further period of three months to agree the revised Heads of Term with the applicant with a further three months to complete the Section 106 agreement. It was agreed that the application would not come back before members unless agreement on the new tenure mix was not reached.

Resolved:

(1) That planning permission be granted, subject to the completion of an altered Section 106 Legal Agreement to secure the following planning obligations:

(a) The provision of affordable housing (in accordance with the detailed Heads of Terms attached as Appendix 1 to these minutes, which have been negotiated with and agreed by the Applicant), subject to the outcome of further discussions with the applicant on the tenure mix;

(b) Highway improvements (works and/or financial contributions);

(c) Vehicular access into the adjacent site;

(d) The provision of an area of public space within the site to be transferred to Epping Forest District Council at nil consideration and a financial contribution towards the maintenance of the public open space; and

(e)  A contribution of £120,000, over a three-year period, towards the provision of a new post office in the locality;

(2)        That the matter only be referred back to the Committee if officers are unable to agree acceptable terms with the applicant for the tenure mix, subject to a minimum of 52 affordable homes being provided; and 

(3)        That the final Heads of Terms for the Section 106 Agreement be agreed within a period of 3 months of the date of the Committee meeting and the Section 106 be signed within a period of 6 months of the date of the Committee meeting.