159 Furnival House, 50 Cholmeley Park N6 - Proposed Variations to Section 106 Agreement
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To consider the proposal by Rozbelle the applications for a variation of the
current s106 agreement for the development at Furnival House, 50 Cholmeley Park as agreed in September 2010. No
other changes to the planning permission are sought.
Additional documents:
Minutes:
The Committee considered a report, previously
circulated, which set out the proposal for a variation of the
existing Section 106 agreement for the development at Furnival House, 50 Cholmeley Park, N6 as agreed in September 2010. The
Committee was advised that the final sentence of paragraph 5.3 of
the report should be amended to read “The Transportation contribution will remain the same as
existing”.
The following points were raised in discussion
by the Committee:
- This was a matter for the
Committee’s determination as it related to a planning
agreement between the Council and the applicant.
- The Committee needed to determine
whether the change in the scheme’s viability warranted the
proposed reduction in s106 contributions.
- The Committee’s legal advisor
reported that that the viability assessment submitted by the
applicant had been assessed by the Council’s officers and
also by an independent expert to verify the information
supplied.
- The return indicated in the
viability assessment was significantly lower than the standard
expectation of 15-20%, and the viability of the scheme was assessed
as marginal.
- It was the view of Council officers
that allowing the reduction in the s106 agreement would increase
the likelihood of the scheme going ahead, and it was on this basis
that the recommendation of the report was that the proposal be
approved.
- There had been a material change in
circumstances since permission for the scheme was granted, in that
works to Listed Buildings were no longer exempt from VAT.
- It was confirmed that the reduction
in s106 would reduce the amount of social housing that could be
provided, but local and national policy did not permit s106
obligations and the issue of viability to prevent otherwise
deliverable schemes from coming forward for development.
- The Committee expressed concern that
details of the viability assessment had not been made available for
the Committee to examine, in order to make a decision on the basis
of all the relevant information, and it was agreed that a public
summary of such information should be included in such reports in
future. Members were also reminded that they could view the full
information by arrangement with the Planning officers and by
agreeing to sign a confidentiality agreement.
- The Committee was advised that all
s106 agreements were registered as land charges and would transfer
with ownership in the event of sale.
- In
response to a question from the Committee, it was reported that,
were the scheme coming forward for initial approval at this time, a
total s106 contribution of approximately £1.2m would be
recommended by officers.
Cllr Bevan spoke in
objection to the application in his capacity as Cabinet Member for
Housing. Cllr Bevan expressed concern that the proposed reduction
in s106 contribution would result in three fewer social houses
being provided. Cllr Bevan stated that market evidence demonstrated
that there had been no reduction in sale values for similar
properties, and that his experience in dealing with Homes for
Haringey had shown that building costs had in fact reduced in
recent years.
The applicants
...
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