Conversion of barn to residential use, with demolition of some associated structures as amended by plans received 5 December 2011

The proposal was for the conversion of an existing barn to residential use, with the demolition of some associated structures.

On 19 January 2012 the Development Control Committee resolved to grant planning consent for the conversion of Red Barn for residential purposes. That resolution was subject to appropriate provision for an affordable housing contribution in accordance with Core Strategy Policy SP3 and the Supplementary Planning Document relating to Affordable Housing within six months. The six month limit had elapsed and so the application had been referred back to the Committee. The Committee had already agreed to the development in principle.

Members’ attention was drawn to the tabled Late Observations sheet. Since the agenda had been published the applicant had offered an Affordable Housing contribution of £10,000, payable on commencement of development, together with a draft legal agreement. This was not equal to the full contribution as assessed by the Council’s viability assessment of £35,647.

Members were invited to consider the particular circumstances of the case as to whether flexibility in the contribution was appropriate. These factors included that the developer was a private individual, which was not specifically covered in the SPD; that the proposal included greater sustainability features than required; and that the nature of a barn conversion could increase the applicant’s building and conversion costs.

The Committee was addressed by the following speakers:

Against the Application:       -

For the Application:              Mr. Ward

Parish Representative:         -

Local Member:                      -

Officers explained that more than half of planning applications which were expected to provide an Affordable Housing contribution paid the full assessed sum. Fewer than 10% of applications paid no contribution at all. Officers did not consider it reasonable to take account of 25 years of financing costs.

It was MOVED by the Chairman and was duly seconded that the recommendation in the Late Observations sheet be adopted. This was to reject permission unless a section 106 obligation for £10,000 Affordable Housing contribution was completed within six weeks.

The local Member, who had been involved in the negotiations for an Affordable Housing contribution, did not consider the policy to be well suited for calculating contributions in such a case. There had been a series of costs incurred by the applicants which were not fully accounted for under the policy. He also felt that the policy gave inadequate discretion in varying contributions where an applicant had incurred further costs by trying to achieve other policy outcomes such as sustainability.

An alteration to the motion was agreed that a further obligation be added to the planning obligation. Should the property be sold outside the applicants’ family within 10 years then the remainder of the affordable housing contribution calculated would be payable to the Council.

Some Members agreed that the policy appeared designed for commercial developments. This application was by private individuals and was for non-standard construction. It was suggested that the compromise was reasonable.

A Member also highlighted that it was not reasonable to take account of 25 years of financing costs.

The motion was put to the vote and there voted –

11 votes in favour of the motion

3 votes against the motion

Resolved: That

A)                  That delegated authority be given to the Director of Community and Planning to grant permission subject to appropriate conditions and a completed S106 Agreement securing an affordable housing contribution of £10 000 payable on commencement, within 6 weeks of the committee resolution.

The Legal Agreement shall secure the payment of £10 000 towards an off-site affordable housing contribution and shall also include a clause that ensures that if the dwelling is sold to anyone outside of the applicants’ family within 10 years of the issuing of the planning permission - the reminder of the affordable housing fee (£25 647) should be paid.

B)                 If a completed S106 Agreement securing an affordable housing contribution of £10 000 payable on commencement is not received within 6 weeks of the committee resolution, then the application be refused as per the original recommendation, for lack of an affordable housing contribution.