Agenda item

The application was submission of details to comply with condition 9 (affordable housing) attached to planning permission 12/0546 dated 4 April 2014 (as amended by 18/0619 dated 19 July 2019 and 18/1002  dated 14 November 2019 in respect of residential parcels comprising Phases 4b, 4c, 4d, 4f, 4h, 6a, 6b. 6c and 6d.

The application was reported to the Planning Applications Committee by the Head of Planning, as it sought to reduce the level of affordable housing to be secured at Princess Royal Barracks (PRB) from a target of 35% to15%.

Members were advised of the following updates on the application:

“In the interests of clarity regard has been had to the National Planning Practice Guidance in considering this application.

A letter of representation has been received from the Mytchett, Frimley Green and Deepcut Society which makes the following comments:

1.    The first two paragraphs should be amended to reflect that the 15% target is being applied to the remaining land parcels at Mindenhurst as per the table at paragraph 4.3 in the report.  When the completed parcels (Cala, Bovis and Trivselhus) are included the overall affordable housing target for the site becomes 20% (ie 234 on 1200) not 15% as stated in the report. 

[Officer comment:  As set out in paragraph 4.3 the 15% target applies to the remaining land parcels.  This paragraph also sets out that the the affordable housing secured on the Cala (Phase 2b) and Bovis (Vistry) (Phase 2a) parcels would result in an overall affordable housing provision of 20% ie 234 dwellings].

2.    We believe the departure from this clear and long established policy principle is to be hugely regretted and cannot understand why the Council goes to the trouble of establishing Local Plan policies if it is then going to permit departures from these policies.

[Officer comment:  Policy CP4 states that the 35% affordable housing provision is a target which the Council aspires to.  The National Planning Practice Guidance makes it clear that the financial viability of a development is a material consideration for local planning authorities in determining applications relating to the level of affordable housing provision on a site.]

3.    Setting a precedent for every developer to seek less than 35% affordable housing which will also be used in appeals against any refusal of permission on this ground.

[Officer comment: As the Society correctly asserts each application will be determined on its own merits.  Any submission which seeks to provide less than the target of 35% affordable housing will have to be accompanied by a Financial Viability Assessment which will be subject to detailed assessment and public inspection]

4.    Please confirm that the case of High Court of Justice case relating to Parkhurst Road Limited v Secretary of State for Communities and Local Government and the London Borough of Islington (LBI) 2018 has been fully taken into account in considering the current application as it appears to have great deal in common with this application. 

[Officer comment:  This case related to a private developer (Parkhurst Road Limited) which sought to redevelop a former Ministry of Defence site in Holloway.  The site was the subject of planning appeals following refusals of permission on two different schemes.  The first one proposed 112 dwellings, 16 of which would be affordable with the second proposing 96 dwellings, 10 of which would be affordable.  During the appeal process for the first scheme the developer justified the low level of affordable housing by citing the land purchase price.  The LBI was of the view that the developer paid the Ministry of Defence too much for the site.  Both appeals were dismissed.   The appellant then appealed to the High Court.  Judgement was made in favour of the Secretary of State and LBI.  In his concluding statement the judge stated that the appeal proposal would not provide the maximum reasonable level of affordable housing and the submitted planning obligation did not provide a suitable means for a viability review.

The circumstances are considered to be different as the Ministry of Defence is the owner of the Deepcut site, save for the parcels which have already been sold.  The main viability issue at Deepcut is the significant increase in costs.  The application is accompanied by a detailed Financial Viability Assessment which has been rigorously assessed by the Council’s Financial Viability Consultants.  They are satisfied that the proposed affordable housing provision is reasonable subject to review.  If agreed the proposal would be subject to two reviews secured by legal agreement.  This would enable the Council to secure the maximum level of affordable housing that the development could support]”.

Andrew Jones, in the role of the Council’s consultant on Viability on the site, spoke on the application as part of the officer’s presentation.

Following discussions it was reiterated to the Committee that the proposal entailed an overall 20% affordable housing provision on the Princess Royal Barracks site with all remaining phases to be reported to the Planning Applications Committee as reserved matters applications. Moreover, following the proposed first review of viability, any surplus would be used to provide on-site affordable housing within Phase 6d.  Any financial contribution arising from the second review process would be available to the Council or its designated Registered Provider to be used exclusively to support the provision of affordable housing on other sites within the Borough. 

The officer recommendation to agree details subject to secure a minimum of 15% affordable housing provision and a mechanism to review the viability of the scheme was proposed by Councillor Edward Hawkins, seconded by Councillor Cliff Betton, and put to the vote and carried.

RESOLVED that details be agreed, subject to LEGAL AGREEMENT, to secure a minimum of 15% affordable housing provision and a mechanism to review the viability of the scheme.

Note 1

In accordance with Part 4, Section D, paragraph 18 of the Constitution, the voting in relation to the application was as follows:

Voting in favour of the officer recommendation to agree the details to secure a minimum of 15% affordable housing provision and a mechanism to review the viability of the scheme:

Councillors Graham Alleway, Peter Barnett, Cliff Betton, Stuart Black, Mark Gordon, Shaun Garrett, Edward Hawkins, Robin Perry, Darryl Ratiram, Graham Tapper, Victoria Wheeler, Helen Whitcroft, Valerie White.