COMMITTEE REPORT

Application Ref. S106/00005/15 – Variation of Legal Agreement

Applicant Warwickshire Rural Housing Association

Reason for Referral to Committee

Officers do not have delegated authority to amend planning obligations.

Case Officer Jay Singh

Presenting Officer Macer Nash

Site Address Shaw Close, Snitterfield, Warwickshire

Description of Proposals

Proposed variation to S.106 Legal Agreement in connection with planning permission reference 10/02215/FUL granted on 4 March 2013 to modify existing obligation relating to ‘local connection’ provisions for occupiers of the affordable housing.

The proposal seeks to delete references to the Parish of ‘Old Stratford and Drayton’ from the ‘local connection’ criteria set out within the agreement. This is explained in more detail further below.

Summary of Recommendation

Authorise officers to negotiate the modification of the existing S.106 Agreement on the basis set out in this report. All other provisions to remain as previously approved.

1. Legislative Context

Town and Country Planning Act 1990 (The Act)

S106A of The Act allows for the modification and discharge of planning obligations. Section 6 allows for this in one of three ways.

a) That the planning obligation shall continue to have effect without modification;b) If the obligation no longer serves a useful purpose, that it shall be discharged; orc) If the obligation continues to serve a useful purpose, but would serve that purpose

equally well if it had effect subject to the modifications specified in the application, that it shall have effect subject to those modifications.

2. Applicants Comments

Applicants Supporting Letter

‘…The applicant has received a request from the Snitterfield Parish Council to make this application for a variation of the definition of ‘Local Connection’ referred to in Part 1 of Schedule 1 of the Section 106 Agreement and the Applicant requests that reference to the Parish of ‘Old Stratford and Drayton’ should be deleted. It is felt that ‘Old Stratford and Drayton’ do not have any connection to Snitterfield and do not in fact adjoin the Parish of Snitterfield…’ (17.08.15)

3. Consultations

SDC Development and Housing Enabling Officer

‘My understanding is that the effect of this request, if approved, would be to delete reference to the parish of Stratford-upon-Avon from the definition of the second tier “local connection”.

This scheme was completed in December 2013 and remains fully occupied.  Operationally, the change is unlikely to make any material difference to the way the scheme operates.  Nevertheless, I fully support the change requested.  This is on the basis that (a) there is a logic to it, given the likely future scale of affordable housing supply within Stratford-upon-Avon and (b) the request has been made following representations from Snitterfield Parish Council and, as such, can be considered representative of local opinion on this matter.’ (08.12.15).

4. Assessment and Conclusions

Background

Full planning permission (reference 10/002215/FUL) subject to relevant planning obligations and planning conditions was granted by the District Council on 4 March 2013 on land at Bearley Road, Snittersfield for:

‘Development of 10 no. new local need affordable homes comprising 1 no. bungalow; 7 no. houses and 2 no. houses, together with associated new access, roadway, external works, soft landscaping and car parking.’

Part 1 of Schedule 1 of the associated legal agreement requires that occupiers of the affordable housing must benefit from a ‘Local Connection’ i.e. that they must satisfy any one or more of the following criteria:

“In the first instance:

He/she was born in the parish of Snitterfield in the county of Warwickshire He/she currently resides in the parish of Snitterfield and had done so for at

least the past 12 months. He/she used to live in the parish of Snitterfield for not less than three years,

but was forced to move away because of the lack of affordable housing. He/she currently works in the parish of Snitterfield and has done so for at least

the past 12 months. He/she currently has a close family member (mother, father, brother, sister,

son, daughter) living in the Snitterfield Parish and who has done so for no less than three years.

In the second instance:

Satisfies any one or more of the criteria above in respect of any named adjoining parishes within the District of Stratford upon Avon:

Fulbrook Hampton Lucy Old Stratford and Drayton (underlined by officers) Wilmcote Bearley Langley Wolverton

In the final instance:

Satisfies any one or more the above above in respect of any other parish in Stratford on Avon District or the transfer register held by the Registered Provider of Social Housing and who is approved in writing by the Council as being in need of Affordable Housing.”

Proposal

In summary, this application seeks to modify the s106 Agreement dated 4 th March 2016 so that the ‘Local Connection’ criteria for occupiers of the affordable housing referred to in Part 1 of Schedule 1 of the Section 106 Agreement above deletes references to the Parish of ‘Old Stratford and Drayton’. All other obligations to remain as approved.

Assessment

The purpose of the ‘local connection’ criteria seeks to ensure persons with a genuine local connection are able to live within the village.

The proposal has been assessed and is supported by your Development and Housing Enabling Officer who considers there is some logic to this request given the likely future scale of affordable housing supply within Stratford-upon-Avon town. It should be noted that following changes to parish boundaries which came into force in April 2015, the former parish of Old Stratford and Drayton has mainly been absorbed within the parish of Stratford-upon-Avon, which covers the area of Stratford-upon-Avon town, as well as the villages of Alveston and Tiddington. Therefore the original wording is out of date and it is appropriate to update the provisions of the obligation. The boundaries of Snitterfield and Stratford-upon-Avon parishes respectively now abut one another (Appendix 1 provides a map of the parishes).

It is also recognised that this proposal has been requested by Snitterfield Parish Council to ensure that the housing provided continues to meet ‘local needs’. As such, the request is considered representative of local opinion on this matter. The practical effect of the change will be very limited in the sense that an applicant for any property within the scheme (as and when any vacancies arise) and formerly benefitting from a ‘local

connection’ (as defined) to the area falling with the former parish of Old Stratford and Drayton would now fall to be considered within the third-tier cascade (“any other parish in Stratford-on-Avon District”). Officers consider the proposed changes to the ‘local connection’ criteria would continue to ensure appropriate eligibility of the affordable housing within the scheme and therefore are acceptable.

Conclusion

For the above reasons, officers consider that the proposed changes to the affordable housing obligations set out in the S.106 legal agreement should be supported. In coming to this conclusion, officers have had regard to Regulation S106A of the Town and Country Planning Act 1990 (as amended), relevant planning policies and all material considerations.

5. Recommendation

Officers be authorised to modify the affordable housing provisions contained within the S.106 Agreement dated 4 March 2013 in connection with planning permission reference 10/02215/FUL so that reference to the Parishes of ‘Old Stratford and Drayton’ within the definition of ‘Local Connection in Part 1 of Schedule 1 of the agreement are deleted.

ROBERT WEEKS

HEAD OF ENVIRONMENT AND PLANNING

Appendix 1 – MAP OF PARISH BOUNDARIES – SNITTERFIELD/STRATFORD-UPON-AVON AREA (As from April 2015)