Agenda item

9.1

The Director of Development Services submitted a report in respect of an application received (Case No. 15/00873/MDPO) seeking  a review of the affordable housing obligation under Section 106BA of the Town and Country Planning Act 1990, concerning planning permission granted for the erection of a mixed use development, comprising managed student accommodation (535 beds), private apartments (74) and Class B1 offices (385sqm) with ancillary facilities and associated landscaping at the site of Denby Street Car Park, Denby Street (Case No. 14/03597/FUL).  The report stated that a review under Section 106BA was introduced by Central Government through the Growth and Infrastructure Act 2013 to allow such a request to be made in a case where the applicant considers the affordable housing contribution makes a scheme unviable.  It was stated that the applicant’s application was submitted with an updated viability appraisal and was reviewed along with the original viability appraisal independently by the District Valuer.  The recommendation of the District Valuer was that the Affordable Housing Contribution of £425,245.00, contained with the Section 106 Agreement attached to planning permission Case No 14/03597/FUL, could not be sustained in the current market conditions as required by the National Planning Guidance in relation to viability.

9.2

RESOLVED: That the affordable housing contribution of £425,245.00 contained within the Section 106 Agreement attached to Planning Permission (Case No 14/03597/FUL) be removed and the Agreement be modified accordingly.

(NOTE: At the commencement of the meeting, the Chair (Councillor Alan Law) indicated that the above item was to be considered as an urgent item of business under Council Procedure Rule 26 of the Council’s Constitution, in view of the limited time for this matter to be considered, although it had not been possible to give five clear days’ notice of the item.)