Agenda item

Application to Discharge a Planning Obligation under Section 106A of the Town and Country Planning Act, relating to the financial contributions towards affordable housing contributions, off-site public open space contributions, and off-site public open space maintenance contributionsat S & A Parsons Building Contractors Ltd, Mansfield Road, Killamarsh S21 2BW

(Planning Manager – Development Management)

The Committee considered an application to Discharge a Planning Obligation under Section 106A of the Town and Country Planning Act, relating to the financial contributions towards affordable housing contributions, off-site public open space contributions, and off-site public open space maintenance contributions atS And A Parsons Building Contractors Ltd, Mansfield Road, Killamarsh S21 2BW. The application had been referred to Committee by Planning Committee Chair, Councillor L Hartshorne, due to the need to assess whether the revised contributions would mitigate the impact of the development.

The recommendation by officers was to approve the application. The report to Committee explained the reasons for this.

The report highlighted that on balance, the evidence submitted, along with the independent validation provided, demonstrated that the construction costs presented were reasonable, consistently evidenced, and broadly reflective of the development as built. Although minor discrepancies had been identified, none materially undermined the overall cost position. The report also highlighted that verified cost evidence demonstrated that the scheme would operate at a loss even before any S106 contributions were applied, meaning the obligations would no longer serve a useful planning purpose.

Officers concluded that the scheme cannot viably support any S106 payments and that the submission’s request should be allowed. They recommended, therefore, that the application be approved.

Before the Committee considered the application it heard from objectors, Mark Vivian and Maureen Sanderson, and the Agent, Nathan James Green.

Committee considered the application. It took into account the relevant Local and National Planning Policies. This included Local Plan Policy ID1, concerning infrastructure delivery and developer contributions.

Committee discussed the application. Some Members expressed concern that the Council would be walking away from a large amount of money should the application be approved. Some Members expressed concerns over the independence of the Applicant’s viability assessment and therefore suggested that the figures being considered should not be wholly trusted.

Officers highlighted that if Councillors still had concerns over the numbers they were being presented with, the next step would be to seek the advice of a forensic accountant, in which case a deferral would be needed. It was suggested that in order to make a properly informed decision, it would be sensible to defer the application for a forensic accountant to verify the numbers. It was also suggested that during the deferral, it should be explored as to whether the developer could commit to paying some, but not all of the Section 106 money.

At the conclusion of the discussion Councillor K Gillott and Councillor N Baker moved and seconded a Motion to defer the application, in order for a forensic accountant to investigate and to explore the possibility of some of the Section 106 money being paid. The Motion was put to a vote and approved.

RESOLVED – That the application be deferred in order for a forensic accountant to investigate and to explore the possibility of some of the Section 106 money being paid.

Councillor D Cheetham joined the meeting.

Councillor T Lacey returned to the meeting.

Having declared an interest in the next item, Councillors A Cooper and K Gillott left the meeting. They did not participate in the consideration or determination of the application.