Agenda item

Further to minute 96 of the Plans Panel East meeting held on 22^nd October 2009 to consider a further report of the Chief Planning Officer on applications for the erection of 1 block of 4 three bedroom and 4 four bedroom terrace houses each with integral garage and removal of condition 23 (affordable housing provision) of application 08/03698/FU

(report attached)

  (Having declared a personal and prejudicial interest in this matter, Councillor Leadley withdrew from the meeting)

  Further to minute 96 of the Plans Panel East meeting held on 22^nd October 2009 where Panel approved in principle changes to the housing mix to be provided on part of the site but did not accept the Officer’s recommendation to remove the condition requiring 25% affordable housing provision, Members considered a further report providing additional information and a possible reason for refusal of the application based on the Panel’s previous comments

  The Head of Planning Services stated that following a meeting with the Chair of Plans Panel East, Morley North and South Ward Members, Officers and the applicant, two further affordable units had been offered bringing the total number of units to 9 across the whole site which equated to affordable housing provision at 18%.  In terms of the S106 Agreement, the applicant would provide all of the greenspace contribution before occupation of any further houses in the final phase

  Morley Town Council had considered these proposals and had accepted that what was currently being offered was probably the best possible outcome on this site, at this time

  Members commented on the following matters:

·  that discussions on the level of affordable housing had been lengthy and that much work had been necessary to secure agreement of 25%; what was being offered was less which was not acceptable

·  in circumstances such as this, the possibility of legally requiring a developer, within a specified period of time, to provide additional affordable housing if the housing market improved

·  the current economic situation and the difficulties now being faced by developers following a buoyant period during which considerable profits had been made

·  that developers were aware of the policy on affordable housing before embarking on schemes and that the recession should be a reason to provide more affordable housing

·  that although Morley Town Council seemed willing now to accept the proposals, that the Panel had to consider the wider implications of the scheme

·  that if a reduced level of affordable housing was accepted on this scheme how similar requests on other sites could be resisted

The Panel’s Legal representative stated that an approach to issues of

affordability based on viability assessments which could result in a more flexible approach to the delivery of affordable housing across a development was currently being considered.  However this was focussed on a mechanism for regulating future developments rather than developments which were proceeding pursuant to consents which had been given in better economic times

  The Head of Planning Services whilst noting Members’ comments stated that despite the lack of profit for the developer there was a commitment to complete the scheme and that an improved offer of affordable housing had been negotiated.  Furthermore the government had stated the need for LPAs to be flexible in the current economic circumstances

  In this particular case development was at an advanced stage; that if the application was refused the developer would most likely go to appeal; that the Council could be at risk of losing the case as the affordable housing policy allowed for financial viability to be taken into account and that the additional two units which had been offered and the greenspace contribution could be lost

  Regarding the possibility of other developers seeking a reduced level of contributions and/or affordable housing, that an open book policy was the only way to examine the financial viability of a scheme as had been done in this case

  Members considered how to proceed

  RESOLVED-  To approve in principle and to defer and delegate final approval to the Chief Planning Officer subject to the conditions set out in the submitted report and subject to the completion of a unilateral undertaking relating to the transfer of affordable housing and payment of greenspace contribution

  (Under Council Procedure Rule 16.5 Councillor Lyons required it to be recorded that he voted against the matter)

  (Councillor Leadley resumed his seat in the meeting)