Agenda item

To receive and consider the attached report of the Chief Planning Officer regarding an application under S106A for the modification or discharge of Planning Obligations pursuant to Section 106A of the Town and Country Planning Act 1990 to vary the existing S106 Agreement to application 18/01501/OT to remove the build to rent and PRS covenants at Former Airedale Mills, Moss Bridge Works, Town Street, Rodley, Leeds, LS13 1HP.

The report of the Chief Planning Officer presented an application under S106A for the modification or discharge of Planning Obligations pursuant to Section 106A of the Town and Country Planning Act 1990 to vary the existing S106 Agreement to application 18/01501/OT to remove the build to rent and PRS covenants at Former Airedale Mills, Moss Bridge Works, Town Street, Rodley, Leeds, LS13 1HP.

The Chair noted that the application has been brought to Plans Panel in accordance with the Chief planning Officers delegation arrangements whereby the Chair in consultation with the Chief Planning Officer considers that the application should be referred to this Plans Panel for determination because of the significance of the proposal to vary an existing S106 agreement to 100% Affordable Housing.

The officer in attendance provided the Panel with the following information regarding the proposed changes to the S106 Agreement:

·  Removal of the Build to Rent / PRS (Private Rented Sector) covenant. This restriction (in para 2 of the First Schedule of the Deed of Variation) needs to be removed as the scheme will not be delivered as 100% rented housing with associated amendments to remove the PRS Limitation Period and remove definitions relating to the PRS Housing (e.g. PRS Operator, PRS Units etc).

·  Inclusion of definitions of the Affordable Housing proposed (e.g., Social Rent, Social Rented Affordable Units, Intermediate Affordable Units, Intermediate Price) and removal of the definitions of Benchmark BTR Affordable Units, alongside any references to the rental price.

·  Removal of the restriction on occupying the Benchmark BTR Affordable Units only as Benchmark BTR Affordable Units.

·  Flexibility to provide 100% affordable housing so that any open market dwellings can be used as additional affordable housing but that the units are not affordable units for the purposes of the s106.

·  Inclusion of a Registered Provider exclusion clause (save for compliance with the specific affordable housing provisions).

It was noted that the site has been the subject of a previous outline permission (18/01501/OT) which granted consent for the principle of the development including means of access with all matters reserved.

There was a speaker in attendance against the proposal. The following concerns were raised:

·  Access issues in terms of accessing Rodley Nature Reserve and Rodley Cricket Club.

·  Uncertainty regarding management of the swing bridge.

·  A single owner of a build to rent scheme is considered attractive, specifically in regard to managing the swing bridge.

·  Maintenance of the ecology buffer.

Further to a suggestion regarding a Community Interest Company (CIC) and confusion around maintenance of the bridge, officers confirmed that these issues were not relevant to the specific application being considered, but in any event confirmed for information purposes that a collaboration agreement has been signed with the bridge management company, the Local Authority and Yorkshire Water which details maintenance of the swing bridge.

There was a speaker in support of the application in attendance. Members were informed with the following information:

·  Further to comments regarding the swing bridge, a collaboration agreement has been signed by the developer.

·  The previous application was brought forward by a different developer and Rodley Limited will be taking forward the application as an affordable housing model.

·  Rodley Limited have brought the amendment forward to provide them with flexibilities and to allow for shared ownership.

·  The layout of the site is not considered as part of this application and will remain as is, but it was noted that this may be subject to change.

It was confirmed that the developer has the intention to build relationships with all relevant parties involved, including Rodley Nature Reserve.

Further to a question regarding the number of affordable units to be provided on-site, officers believed that 100% affordable units will be provided as a result of the amendment to the S106 Agreement. However, the speaker in attendance could not confirm whether this was the intention and was of the impression that the developer would have the flexibility to provide up to 100% affordable units, with a minimum of 15%.

Members felt that a lack of clarity was provided, and therefore a motion was put forward to defer the application to allow officers the time to discuss this further with the applicant, with a draft copy of the S106 Agreement being provided. This motion was moved and seconded. Following a vote, members unanimously agreed to defer the application.

RESOLVED – To defer the application.