Agenda item - 50-52 New Church Road, Hove - Request for a Variation of s106 Dated 11 March 2008 Signed in Association With Application BH2007/02930

(copy attached)

163.1    The Committee considered a report of the Head of City Planning and Development requesting their consideration of a request for a variation to the s106 Planning Obligation Agreement.

163.2    It was explained that the application had been granted on 31 March 2008 following completion of a Section 106 agreement that, amongst other provisions, restricted the eligibility of residents of the affordable housing units for parking permits. The managing agents for the development had requested the car-free restriction be dropped on the basis that it is inconveniencing residents who have to walk a considerable distance from their vehicles to their homes. This was particularly troublesome for residents who work outside of the city and/or had child care commitments that required car ownership. They had also argued that the restriction was causing more car journeys and increasing parking demand outside the CPZ in neighbouring Wish ward, and restricting the types of jobs residents could have. Twenty five requests to vary the Obligation had been received, equating to one per resident.

163.3    It had also been noted that the site, whilst located on main bus routes along New Church Road, was not a highly sustainable location, with the city centre and mainline train routes set a considerable distance to the north and east. In consequence, alternative modes of transport were not as readily accessible as in more central parts of the city.

163.4    Advice had been sought from the Head of Law and his advice was set out in paragraph 6.7 of the report, it was considered reasonable to consider the application to vary in the context of whether the obligation was necessary. For the reasons set out it was not considered necessary for the car free restriction to remain and a variation to the s106 Obligation was therefore recommended.

163.5    Councillor C Theobald stated that in her view it would have been appropriate for on site parking to have been provided for the development. She was in agreement however, that residents should be permitted to apply for residents’ parking permits and therefore supported the recommendation set out in the officer’s report.

163.6    Councillor Hyde stated that she had been uncomfortable with the decision to restrict the ability of residents of the development to park on street and therefore supported the report recommendation.

163.7    Councillor Davey confirmed that he considered that the case to vary the existing s106 Obligation had been made and therefore happy to support the recommendation set out in the report.

163.8    A vote was taken and the 11 Members of the Committee who were present voted unanimously that the existing s106 Planning Obligation Agreement be varied as recommended.

163.9    RESOLVED – That the Committee resolves to allow the completion of a variation to the s106 planning agreement dated 11 March 2008 relating to 50-52 New Church Road, Hove to allow residents of the development to apply for residents’ parking permits.

              Note: Councillor Cox left the meeting during consideration of the above application and took no part in the discussion or voting thereon.