Agenda item - Request to vary Section 106 Agreement, Baptist Tabernacle, Montpelier Place, Brighton

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

16.1       The Committee considered a report of the Executive Director Economy, Environment and Culture detailing a request which had been received to vary the Heads of Terms of a s106 Agreement signed in order to amend the tenure of the affordable housing to be secured on site.

16.2       The Principal Planning Officer, Gareth Giles, introduced the report and explained that it was requested that the proposed variation to the Heads of Terms be agreed in order to amend the affordable housing provision proposed on the site in order to secure 1x Affordable Rent (wheelchair) unit (15) and 4x Shared Ownership units (16, 17, 18 and 19). It was noted that developer had written to the Council requesting that, following negotiation with a Registered Provider (RP), the affordable housing was secured on site with the tenure adjusted to 1x Affordable Rent (wheelchair) unit and 4x Shared Ownership, the same five units as the original application.

16.3       Given that the RP had made an offer, the Local Planning Authority preference was to accept that this adjusted on-site provision rather than a commuted sum as financial contributions in lieu were only considered where options for on-site provision had been exhausted. Having liaised with the Housing Strategy Team the Local Planning Authority was satisfied that the affordable housing provision secured on site with the tenure adjusted as proposed in the A106 Deed of Variation was an acceptable alternative to the scheme previously agreed by the Planning Committee and could be considered to comply with the development plan.

16.4       A vote was taken and the Members of the Committee voted unanimously that the proposed Heads of Terms be varied as recommended.

16.5       RESOLVED - That the proposed variation to the Heads of Terms to be agreed so that the affordable housing provision to be secured on site with the tenure amended to 1x Affordable Rent (wheelchair) unit (15) and 4x shared ownership units (16, 17, 18 and 19), be approved.