Decision details

This was for an outline application for a residential development with associated access and all other matters reserved on land North of Grove Road, Overdale, Telford, Shropshire.

This application was before Planning Committee as it involved a variation to S106 financial contributions.

The S106 Agreement approved 81 dwellings with contributions towards education, recreation and public rights of way but it had now proved unviable to build out the scheme and provide the contributions.  An independent viability assessment had taken place.  It was asked that the S106 be varied to give nomination rights to the Council for the proposed affordable dwellings being brought forward by the applicant.

Mr A Evans, Applicant, addressed Members that this was an application for 81 affordable homes on behalf of Accord Housing Association.  The outline planning consent was given in 2016 due to the sloping nature of the site which was next to the M54 it was a technically challenging site with significant retaining walls to the embankment and level changes.  The previous landowner had underestimated the abnormal costs and was unable to find a buyer until 2019 where a fix priced contract was approved supported by Homes England.  Upon carrying out a site investigation it was concluded that a further £1m would be required and this together with operation and labour constraints there was no scope to increase the build.  It was proposed that in return for a variation to the S106 contributions that nomination rights would be given to the Council which was a significant benefit which would outweigh the S106 contributions.

During the debate some Members felt that the Applicant had done all they could and this being the case could support the application.  Other Members asked if the cost of the S106 contributions had been considered against the increase in market values Other Members felt that 81 affordable houses with nomination rights was acceptable.

The Planning Officer explained that since the submission of the application costs had risen by up to £66,000.

Upon being put to the vote it was, by a majority:-

RESOLVED – that delegated authority be granted to the Development Management Service Delivery Manager to approve the Deed of Variation to the Section 106 Agreement subject to:

a)    the removal of all existing planning obligations

b)    the insertion of Nomination rights being granted to the Council as a priority to accommodate local needs.