Agenda item

Report No: DEV/FH/17/002

Erection of retirement living housing for the elderly (29 No. units), part one-and-a-half / part two-and-a-half / part single storeys, including communal facilities, landscaping and car parking (demolition of existing buildings), as amended

(Report No: DEV/FH/17/002)

Application for the erection of retirement living housing for the elderly (29no. units), part one and a half/part two and a half storey/part single storeys, including communal facilities, landscaping and car parking (demolition of existing buildings), as amended.

This planning application was first referred to the Development Control Committee on 1 June 2016.  Members had expressed concerns regarding the impact of the development on its surroundings and resolved that they intended to refuse planning permission.  Members did not determine the planning application, but deferred their final decision to the following meeting on 6 July 2016 to enable a risk assessment to be considered, in advance of the determination.

At the Development Control Committee on 6 July 2016, Members resolved to grant planning permission, subject to prior completion of a S106 Agreement to secure off-site affordable housing contributions.  The Committee resolved for delegated authority to be given to Officers to negotiate and agree an appropriate level of affordable housing contribution, in the light of a viability claim that had been presented by the Applicants.

The Case Officer reported that it had not been possible to agree an appropriate affordable housing contribution with the Applicant and, consequently, had not been able to complete a S106 Agreement.  The Applicants had indicated that they were no longer willing to discuss viability matters as they could not foresee agreement being reached and had effectively required that the Council determined the planning application, based on their current affordable housing offer (which included a minor upwards adjustment, which represented approximately 5.5% affordable housing provision, set against the Council’s policy target of 30%).

Officers were of the view that the proposals were contrary to the Development Plan with respect to the affordable housing provision, given that it had not been satisfactorily demonstrated that the scheme could not be viably delivered.  Officers considered that there were no material considerations in favour of the proposals that would outweigh the need to deliver a policy compliant level of affordable housing from a development of this site.  This included any perceived need for specialist ‘retirement’ housing in the District, which in any case, would be significantly and demonstrably outweighed by the need to provide for the well documented and evidenced need for affordable homes.

Therefore, whilst the proposed scheme remained acceptable in all other material respects, Officers were recommending that planning permission be refused, given the absence of a policy compliant contribution towards affordable housing provision being secured from the scheme (the proposed reasons for refusal were set out in paragraph 22. of Report No: DEV/FH/17/002).

With the vote being unanimous, it was resolved that

Planning permission be REFUSED, for the following reasons:

1.           The proposals for the erection of 29 retirement dwellings is contrary to  national planning policies in the NPPF. The proposals are also contrary to the provisions of Policy CS9 of the Forest Heath Core Strategy (2010) and its supporting ‘Joint Affordable Housing Supplementary Planning Document’. The aforementioned Development Plan policies require new housing developments of this scale to provide 30% of the total number of proposed dwellings as affordable housing on site, or if agreed, an equivalent cash contribution to enable affordable housing requirements to be provided off-site. In this case, the applicants’ have offered an off-site affordable housing contribution equivalent to circa 5.5% and have claimed any enhanced provision would render the development unviable and undeliverable. The Council does not agree with the viability appraisal submitted in support of the planning application and, having sought independent professional advice, considers the scheme can deliver a policy compliant level of affordable housing, both when considering market conditions at the date of the viability appraisal (March 2016) and in current housing market conditions.