Agenda item - Deed of Variation to s106 legal agreement relating to BH2017/01083 - Former City College, 87 Preston Road, Brighton

Report of Executive Director, Economy, Environment and Culture

29.1      The Principal Planning Officer introduced the report which detailed a request to vary the Heads of Terms of a Section 106 Agreement signed in connection with planning application BH2017/01083, in order to amend the affordable housing requirements.

29.2      In response to Councillor Littman, Officers stated that the commuted sum offered by the developers should the Council deem no tenure mix onsite to be acceptable was not scrutinised by the District Valuer Service as the proposed number of affordable units at the development met the 40% target set by Council Policy. If the number of affordable units had been less than the 40% target officers would have asked for the District Valuer’s opinion.

29.3      Councillor Miller asked if Officers had considered seeking an additional s106 contribution as well as the ten shared ownership units. A shared ownership scheme placed less financial burden on the developer and so the variation proposed would benefit the developer.

29.4      Officers responded that as the developer was still proposing a level of affordable accommodation which met the Council’s 40% target and had demonstrated that none of the Council’s social landlord providers wished to take on the rental units and the constraints of the site it was reasonable to request the variation without an increased s106 contribution.

29.5      On a vote of 9 for with 1 abstention the Committee agreed to vary the s106 agreement. 

29.6      RESOLVED: That the Head of Term be varied so that the developer is obligated to provide the affordable housing on site as set out in the s106, but with the tenure amended from 5 x affordable rented and 5 x shared ownership to 10 x shared ownership units, which would represent 40% on-site provision of affordable housing, at 100% shared ownership.