1. ENDORSE 2. AUTHORISE PLANNING COMMITTEE WARD: 30.4.2015 APP. No. 2014/1858/PA SPRINGFIELD LOCATION: Spring Road, Warwick House, Tyseley, Birmingham B11 3EE PROPOSAL: Variation to Section 106 Agreement as approved under planning approval 2014/01858/PA in connection with outline application with all matters reserved for demolition of existing buildings and redevelopment of site for 35 residential units with associated parking in order to secure 35% affordable housing (25% social rent or shared ownership and 10% low cost market properties) and a financial contribution for the provision and / or improvement of public open space and children’s play facilities in Springfield Ward. APPLICANT: Partner Construction Ltd 1. Background 1.1 Outline planning permission was originally granted in June 2009 under reference 2009/01396/PA for the demolition of all buildings and redevelopment of the site for 35 residential units with associated car parking. The planning permission was subject to a Section 106 Agreement which secured the provision of a minimum of 25% of total dwellings as social rent and / shared ownership and a minimum of 10% as low cost market properties as well as an off-site contribution (based on the formula set out in the SPD) towards public open space and children’s play. 1.2 An application for an extension of time to implement planning permission 2009/01396/PA was approved in May 2014 under reference 2014/01858/PA with associated deed of variation. 1.3 A reserved matters application for 34 dwellings was approved on 19th March 2015 under reference 2014/09259/PA. The scheme is to be built for a Housing Association and would be providing 100% affordable rent on the site but would be unviable if the public open space / play equipment contribution was sought as well. Therefore the proposed variation to the Section 106 Agreement would be to remove this financial contribution and replace the current 35% affordable housing provision with 100% affordable rent. 2. Planning Considerations 3.1 Under the current Section 106 Agreement attached to the existing outline consent, the approved 34 dwellings would deliver a minimum of 25% social rent / shared ownership, 10% low cost market properties as well as an off-site contribution of £120,400 towards public open space and children’s play. The current proposal would replace this with 100%/34 affordable rent dwellings. Whilst the loss of an off-site financial contribution is regrettable the viability of the scheme for a Housing Association is fully recognised, as is the clear need for affordable rent properties in the locality. Within this context the proposal is considered to represent adequate compensation and should be endorsed. This is a planning judgement regarding the overall package of the ‘planning gain’ being offered rather than an issue of viability. Your Housing Officer supports the proposed variation to the Section 106 Agreement. 4.0 Recommendation: 4.1 I. That the committee endorse the completion of a Deed of Variation to the existing Section 106 agreement relating to application 2014/01858/PA at Spring Road, Warwick House, Tyseley, Birmingham B11 3EE to allow: The provision of 100% on site affordable rent properties in lieu of previously agreed on site requirement of minimum 25% social rent and / or shared owner ship, 10% low cost market properties and an off-site financial contribution towards the provision and / or improvement of public open space and children’s play facilities in Springfield Ward. II. That the Director of Legal and Democratic Services be authorised to prepare complete and seal the Deed of Variation. Author: Peter Barton 48 40 216 220 36 37 44 41 29 26 36 21 ALLCROFT 19 17 ROAD ROAD LYNCROFT 129.2m 15 15 11 3 77 23 3 to 4 33 FFORD RO AD 3 to 4 35 1 to 2 35 61 130.1m 25 14 26 35 2 28 45 2 26 49 127.7m 79 1 16 Site location plan 49 1 to 2 33 3 36 71 31 11 1 MA TL OC K RO AD 38 42 54 64 74 LB 84 27 125.6m 23 SP RING RO AD 37 41 to 53 35 69 59