Issue - meetings

In line with the officer recommendation, the proposed modification to the Section 106 agreement attached to application 14/02121/OUT be agreed.

The Committee considered applications, 24/03392/M106 AND 25/00366/DOV_5, an application for a Deed of Variation to vary the S106 Legal Agreement entered into in respect of planning permission reference 14/02121/OUT for the modification to Schedule 9 of the signed Section 106 Agreement relating to affordable housing, specifically the various clauses and definitions that require a 30% provision to a reduced level to be agreed under this application at Himley Village North West Bicester, Middleton Stoney Road, Bicester for CALA (Cotswolds Ltd).

Peter Hodgson, on behalf of the applicant, addressed the Committee in support of the application.

It was proposed by Councillor Webb and seconded by Councillor Conway that applications 24/03392/M106 AND 25/00366/DOV_5 be approved, in line with officer recommendation, and the proposed modification be made to the section 106 agreement attached to application 14/02121/OUT with the exact wording to be delegated to the Assistant Director for Planning (and any amendments to the wording as deemed necessary).

In reaching its decision the Committee considered the officer’s report and presentation, the address of the public speaker and the written updates.

Resolved

That, in line with the officer recommendation, it be agreed that the following modification be made to the Section 106 agreement attached to application 14/02121/OUT, with the exact wording (and any amendments to the wording as deemed necessary) delegated to the Assistant Director Planning:

• Amendments to Schedule 9 Affordable Housing needed to vary the % of AH from 30% to 10% and subject to review mechanism.

• Addition of a review mechanism to Schedule 9 Affordable Housing at the mid and late stages of the development (triggers to be agreed – initial recommendation of approximately 800 dwellings and 1,200 dwellings) which should:
  • Allow additional AH to be provided if the scheme is more viable AND; Be one way (i.e. if scheme viability is worse a lower % AH is not allowed). 

• To be agreed – whether review to involve a fresh ‘open book’ viability assessment of actual costs and actual sales values compared with the original financial viability assessment OR a formula-based approach based on the original viability assessment.

• To be agreed – Review mechanism to also allow a review of other S106 contributions to see if they are still justified or if they could be reduced/removed to allow additional AH to be delivered.