Agenda item

13.1

The Director of Regeneration and Development Services submitted a report outlining a position statement on an application submitted under Section 106BA of the Town and Country Planning Act 1990 seeking a review of a planning obligation attached to a previous planning permission Case No. 15/00122/FUL at Dyson Refractories Ltd, Griffs Fireclay Works, Stopes Road.

13.2

Members expressed their dissatisfaction that the developer had signed a Section 106 agreement on 11 January 2016, which suggested that they were happy that the Scheme was viable with the inclusion of the affordable housing provision agreed with the planning permission, but had now, on 21 January 2016, ten days later, submitted an application to review the planning obligation for affordable housing arguing that the scheme was not viable with the affordable housing provision.

13.3

RESOLVED: That: (a) the report be noted pending a further report providing a recommendation on the application; and

(b) the following statement be unanimously approved by the Committee and forwarded to the developer, Avant Homes:-

‘We are very disappointed with the lack of respect that Avant Homes has shown to this Planning Committee and to the local community. It would appear that we have been misled.

It isn’t good enough for Avant Homes to state that they always said affordable housing wasn’t viable and should not be seen as playing the system. By agreeing to, and signing a legal agreement to, provide affordable housing they made a commitment. This commitment weighed significantly in the Committee’s decision to approve planning permission. Without the affordable housing element then planning permission would almost certainly have been refused.

To sign a legal agreement to get planning permission and then, only two weeks later, apply for that to be removed on viability ground is misusing the regulations that are designed for genuinely stalled development sites.

This Planning Committee expect higher standards of behaviour from developers and we would urge Avant Homes to reconsider and withdraw this application.’

(NOTE: The votes on the above resolution were ordered to be recorded and were as follows:-

For the resolution (11)

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Councillors Alan Law, Nasima Akther, David Baker, Jack Clarkson, Tony Damms, Roger Davison, Bryan Lodge, Peter Price, Denise Reaney, Chris Rosling-Josephs and Garry Weatherall.

Against the resolution (0)

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None

Abstentions (0)

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None