Site address: Jack Russell, 21 Salford Road, Oxford

Proposal: Demolition of public house. Outline application (with all maters reserved) for the erection of 16 flats (6 x 3bed, 8 x 2 bed, 2 x 1 bed) on 3 floors. Provision of 19 car parking spaces. (Amended plans)

Reason at Committee: Request for a Deed of variation to a S106 agreement on a Major scheme

Recommendation: East Area Planning Committee is recommended to:

1.    vary the planning obligation previously secured from the provision of on-site affordable housing to a financial contribution towards off site affordable housing provision for the reasons given in the report; and

2.    agree to delegate authority to the Acting Head of Planning Services to:

·         finalise the recommended Deed of Variation under section 106A(1)(a) 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 the report as the Acting Head of Planning Services considers reasonably necessary; and

·         complete the deed of variation referred to above.

The Committee considered an application for a Deed of Variation to the S106 planning obligation agreement associated with permission 15/02282/OUT (for the demolition of a public house: outline application (with all maters reserved) for the erection of 16 flats (6 x 3bed, 8 x 2 bed, 2 x 1 bed) on 3 floors; provision of 19 car parking spaces) at the Jack Russell, 21 Salford Road, Oxford.

The planning officer altered the recommendation to the Committee so that the variations could be dealt with either byvarying the existing planning obligation agreement previously secured OR by securing a replacement S106 planning obligation agreement; and delegate the decision as to which route to take to the Acting Head of Planning Services.

Henry Venners (the agent for the applicants) explained the reasons for the application.

The Committee considered carefully the options open to them as set out in the report and as explained by the planning officers and the legal adviser, and the information presented by the agent for the applicants.

The Committee also considered options to ensure that the affordable housing contribution was paid: requiring a bond or changing the point at which the contribution was payable to an earlier stage in the development.

A motion to refuse the request for a variation of the existing planning obligation agreement because the development no longer provided the on-site affordable housing originally agreed through the S106 for the outline permission was seconded, but LOST on being debated and put to the vote.

A motion to allow the variation of the planning obligation by either method, with the requirement for a bond of £300,000 to cover the affordable housing contribution or (if that was proved to be unachievable) a requirement for the payment of the contribution before occupation of the 5^th flat, with the decisions on these matters being delegated to the Acting Head of Planning Services, was seconded, and CARRIED on being debated and put to the vote.

East Area Planning Committee resolved to:

1.    authorise the variation of the planning obligation previously secured from the provision of on-site affordable housing to a financial contribution towards off site affordable housing provision for the reasons given in the report:

o   to include the requirement for a bond of £300,000 to cover the affordable housing contribution

o   or (if that was proved to be unachievable) to include a requirement for the payment of the contribution before occupation of the 5^th flat,

·         either through a Deed of Variation to the existing agreement;

·         or through a replacement agreement

2.    and delegate authority to the Acting Head of Planning Services to:

·         decide which of the options in 1. above it was appropriate to pursue;

·         finalise the deed of variation or new agreement referred to above under sections 106 and 106A(1)(a) 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 the report and as set out in 1 above as the Acting Head of Planning Services considers reasonably necessary; and

·         complete the deed of variation or the new agreement as referred to above.