Agenda item - Request to vary the Heads of Terms of Section 106 Agreements in connection with planning applications BH2015/04577 and BH2015/04575 for mixed use redevelopment, including new hotels.

Report of the Executive Director Economy, Environment and Culture (copy attached).

43.1       The Committee considered a report of the Executive Director, Economy, Environment and Culture seeking approval to vary the Heads of Terms of two proposed Section 106 Agreements in connection with planning applications BH2015/04577 and BH2015/04575 which were “Minded to Grant” by Members at the meeting of the Committee held on 13 July 2016, in order to reduce the level of financial contribution towards the Brighton and Hove Local Employment Scheme (BHLES).

43.2       The Planning Manager, Major Applications, Paul Vidler, explained that the developer had written to the Council to request that payment of the financial contributions towards the Brighton and Hove Local Employment Scheme be reduced in accordance with the latest Developer Contribution Technical Guidance, which had a different methodology for calculating contributions. The Local Planning Authority was satisfied that there had been a relevant change in circumstances since the committee report had been finalised, that the updated Guidance was a material consideration and that in that context the applicant’s request was considered reasonable.

43.3       Councillor C Theobald sought further clarification regarding how this figure had been arrived at as the variance between the previously agreed figure and that now being put forward appeared to be considerable. The Local Employment Scheme Co-ordinator, Linda Shaw responded detailing the initiatives which were in place and how the contribution towards the Council’s Local Employment Scheme was being pursued pro-actively where appropriate across the City, citing examples of where this had been used.

43.4       The Chair, Councillor Cattell, thanked Officers for the information provided which gave Members a valuable insight into this matter.

43.5       A vote was taken and Members voted unanimously that the recommendations set out below be approved.

43.8       RESOLVED – That the proposed variations to the Heads of Terms be agreed as follows:

(1)  BH2015/04577 (78 West Street & 7-8 Middle Street Brighton): financial contribution of £62,050 towards the Brighton and Hove Employment Scheme be reduced to £13,300; and

(2)  BH2015/04575 (8-12A South Street & 79-81 West Street Brighton): financial contribution of £30,040 towards the Brighton and Hove Local Employment Scheme be reduced to £11,400.