Site Address: 53 Sunderland Avenue, Oxford, OX2 8DT

Proposal:  Demolition of existing dwelling house, parking and garage. Erection of a replacement building comprising 6 flats (2x3 bedrooms, 2x2 bedrooms and 2x1 bedroom), car parking and landscaping.

Recommendation:

West Area Planning Committee is recommended to:

1.            approve the application for the reasons given in the report and subject to the required planning conditions set out in section 12 of this report and grant planning permission subject to:

The satisfactory completion of a legal agreement under s.106 of the Town and Country Planning Act 1990 and other enabling powers to secure the planning obligations set out in the recommended heads of terms which are set out in this report; and

2.            agree to delegate authority to the Head of Planning, Sustainable Development and Regulatory Services to:

1.      finalise the recommended conditions as set out in this report including such refinements, amendments, additions and/or deletions as the Head of Planning, Sustainable Development and Regulatory Services considers reasonably necessary;

2.      finalise the recommended legal agreement under section 106 of the Town and Country Planning Act 1990 and other enabling powers as set out in this report, including refining, adding to, amending and/or deleting the obligations detailed in the heads of terms set out in this report (including to dovetail with and where appropriate, reinforce the final conditions and informatives to be attached to the planning permission) as the Head of Planning, Sustainable Development and Regulatory Services considers reasonably necessary; and

3.      complete the section 106 legal agreement referred to above and issue the planning permission.

The Committee considered an application (17/03040/FUL) for planning permission for the demolition of existing dwelling house, parking and garage and the erection of a replacement building comprising 6 flats, car parking and landscaping.

The Planning Officer presented the report.

The application had been approved, subject to completion of a legal agreement, by West Area Planning Committee on 10 April 2018. That legal agreement provided for a late stage viability test to secure an offsite contribution for affordable housing from any potential uplift of sales values on completion of the development.

The applicant had previously submitted a viability assessment concluding that no financial contribution for affordable housing could be made. This had been confirmed by an independent consultant engaged by the City Council.  Officers concur with this assessment of the current situation but still consider that it would be prudent to secure a contribution from any potential uplift of values in the future.

Officers have been unable to reach a legal agreement with the applicant which is compliant with the previously agreed committee resolution.  However, they consider that the concerns about any future uplift of values could be mitigated by securing a more certain timeline for completion of the scheme. 

In summary the proposal before the Committee is that a late stage viability assessment would not be required provided that a “substantive start” is made on the development by February 2019 and that the development is “substantially completed” within 16 months from the start date.  The definition of “substantive start” and “substantially completed” would be defined in the legal agreement.

The Planning Officer advised the Committee that the head of terms being proposed were:

·       further viability assessment to be submitted by applicant prior to point of demolition, unless building demolished and a substantive start by February 2019

·        Council to review viability upon submission within 8 weeks of its receipt, in the absence of a response from OCC the applicant can proceed with no contribution payable

·        Viability based on same methodology and assumptions as previous submission and review

·        Reasonable Return on Cost agreed at 20%, any level at or below not requiring a contribution

·        (Post viability review) if applicant completes works to substantial completion within 16 months of making a substantive start no further review required

·       If substantial completion not achieved within 16 months of substantive start then a further review of viability required

The Committee sought clarification from officers about the legal aspects of the application and received assurances that the Council policy was clear and that this would not set a precedent for other applicants to avoid or defer making contributions for affordable housing.

In reaching its decision, the Committee considered all the information put before it.

On being put to the vote a majority of the Committee agreed with the officer recommendation.

The West Area Planning Committee resolved to:

(a) Approve the application for the reasons given in the report and subject to the required planning conditions set out in section 12 of the report and grant planning permission subject to:

1.     The satisfactory completion of a legal agreement under s.106 of the Town and Country Planning Act 1990 and other enabling powers to secure the planning obligations set out in the recommended heads of terms which are set out in the report; and

(b) delegate authority to the Acting Head of Planning Services to:

1.     Finalise the recommended conditions as set out in this report including such refinements, amendments, additions and/or deletions as the Acting Head of Planning Regulatory Services considers reasonably necessary;

2.     Finalise the recommended legal agreement under section 106 of the Town and Country Planning Act 1990 and other enabling powers as set out in the report, including refining, adding to, amending and/or deleting the obligations detailed in the heads of terms set out in this report (including to dovetail with and where appropriate, reinforce the final conditions and informatives to be attached to the planning permission) as the Acting Head of Planning Services considers reasonably necessary; and

3.     Complete the section 106 legal agreement referred to above and issue the planning permission.