Agenda item

The Committee considered a report seeking approval to variations to two Section 106 agreements in relation to the affordable housing requirements on land to the east side of Hatfield Lane, Armthorpe.

Members were advised that the first application under reference 12/00188/OUTM was outline planning permission granted at Committee on 17th October 2017 for the larger site of residential development, with the decision being subject to a Section 106 agreement dated 27^th October 2017. It was noted that amongst other things, the Section 106 Agreement delivers 26 per cent affordable housing as per the requirement of the Core Strategy in place at that time.

Subsequently, a reserved matters application was approved on this larger site for 382 dwellings on 15th January, 2021 under reference 20/01421/REMM and construction of the site is well underway.

Regarding the second application under reference 20/01606/FULM is a full planning permission granted under delegated authority on 28th July 2022 for 18 dwellings, with the decision subject to a Section 106 Agreement dated 28th July, 2022. The 106 Agreement delivers 23 per cent affordable housing as per the reduced requirement in the Doncaster Local Plan.

It was advised that the 18 dwellings application site was excluded from the original outline application despite being part of the same housing allocation in the development plan, because at the time of the outline, the smaller parcel of land was owned by a third party.

The report outlined that although under the deeds of variations, 6 fewer affordable homes units would be delivered across the whole of the site, the Council has actively sought to agree this deal with the developer. The Council will be able to purchase 11 dormer bungalows and 9 of these are being built on the smaller scheme for 18 dwellings and hence the reason for varying both 106 Agreements to increase the requirement on the smaller site an reduce it on the larger site. The Council will be able to increase its supply of older people’s housing and this is a Mayoral priority.

It was advised that if the Local Planning Authority agrees to vary the Section 106 Agreements, the number of afforable units being delivered across the site through the Deeds of Variation would be:-

·         12/00188/OUT                      -           88 dwellings (23%)

·         20/01606/FULM                   -           9 dwellings (50%)

·         Total number of units          -           97 dwellings (24%)

It was MOVED by Councillor Gary Stapleton and SECONDED by Councillor Charlie Hogarth that authorisation be given to Head of Planning to agree the Deed of Variation to vary the terms of the Section 106 Agreements dated 27th October 2017 and 28th July 2022.

A vote was taken on the proposal made by Councillor Gary Stapleton which was declared as follows:-

For - 7

Against - 0

Abstain - 0

On being put to the vote the proposal made by Councillor Gary Stapleton and seconded by Councillor Charlie Hogarth was CARRIED.

RESOLVED that:-

(1)        authorisation be given to the Head of Planning to agree a Deed        of Variation to vary the terms of the Section 106 agreement           dated 27th October 2017 to reduce the requirement of    affordable housing from 26% to 23% in accordance with the terms of this report. The provisions relating to Education,     Highways, Transportation, bus stops and the Travel Plan are            unchanged; and

(2)        authorisation be given to the Head of Planning to agree a Deed        of Variation to vary the terms of the Section 106 agreement           dated 28th July 2022 to increase the requirement of affordable         housing from 23% to 50% in accordance with the terms of this            report. The variations will continue to serve a useful purpose             equally well in respect of affordable housing provision.