BOROUGH OF POOLE

PLANNING COMMITTEE

THURSDAY 22nd OCTOBER 2009

REPORT OF THE HEAD OF PLANNING AND REGENERATION SERVICES

HARBOUR SAIL, 71 WEST QUAY ROAD.

DEED OF VARIATION MADE PURSUANT TO S106 AND S106A OF THE TOWN AND COUNTRY PLANNING ACT 1990 OF AN AGREEMENT DATED 20th FEBRUARY 2003

PART OF THE PUBLISHED FORWARD PLAN NO

PURPOSE

To consider a request for a variation to the Section 106 Agreement attached to the former Dalgety site, West Quay Road, now occupied in part by Asda and the Aqua building. This would permit ‘Intermediate Affordable’ units to comprise part of the required affordable housing provision, most particularly within the ‘Harbour Sail’ Tower.

DECISIONS REQUIRED

That Members resolve to vary the definition of ‘Affordable Housing Units’ attached to the Section 106 Agreement to also include ‘Intermediate Affordable Housing’, this being defined as comprising housing at prices and rents above those of social rent but below market price rents and including shared equity (eg. ‘HomeBuy’ schemes) and other low cost homes for sale, and intermediate rent.

BACKGROUND

Outline planning permission was granted in June 2003 for a mixed use development comprising offices, residential, hotel, restaurants, leisure and retail uses; associated highway works; and car parking (including a multi storey car park). That permission was subject to a Section 106 agreement that secured the provision of 64 affordable housing units. These were specified as being either ‘Affordable Rented’ housing, ‘Affordable Shared Ownership’ housing, or ‘units sold on the open market at the discounted rate for occupation by people who cannot afford to buy or rent houses generally in the open market’.

Because of current market conditions Raglan Housing Association, the RSL providing the affordable homes, is seeking greater flexibility in the tenure that it is able to offer prospective occupiers of homes within the ‘Harbour Sail’ tower. These were previously envisaged as being ‘Affordable Shared Ownership’ units. Raglan Housing Association has therefore been in negotiation with Housing and Community Services (HSC) and HSC are supporting the proposed alternative provision of Intermediate units.

All of the contributions and other provisions set out in the Section 106 agreement would be unaffected by the proposed changes.

FINANCIAL IMPLICATIONS

The production of the Deed of Variation will incur administrative fees that would be met in full by Raglan Housing Association.

LEGAL IMPLICATIONS

None

RISK MANAGEMENT IMPLICATIONS

None

EQUALITIES IMPLICATIONS

None

CONCLUSIONS

The provision of ‘Intermediate Affordable’ units would be in accordance with affordable housing policies and would contribute in an effective way to meeting housing needs requirements. Such units are nevertheless outside of the provisions of the current Section 106 Agreement and this should therefore be varied to incorporate such units within the definition of ‘Affordable Housing Units’.

STEPHEN THORNEHEAD OF PLANNING & REGENERATION SERVICES

Background Papers:Planning File: 00/05406/022/P

Contact Officer: Doug Evans Telephone 01202 633347

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