Issue - meetings

Application for Deed of variation to amend section 106 agreement relating to application 10/00358/OUT to provide the provision of right to buy for 8, 9, 14, 51 and 53 Convent Drive.

Late items

Consultations:-

Following the production of the committee extract, a number of responses have been received from the occupants of the properties who are requesting the provision of voluntary right to buy. The responses received raise the following comments:-

1)    The applicant, Stonewater Homes, are providing 63 affordable housing units in the borough in Earl Shilton, thus replacing the loss of affordable units

2)    Not the first time the tenants have attempted to buy the property in the village has been thwarted

3)    All residents are settled within the community of Stoke Golding and have no plans to relocate

4)    Loss of 4 affordable units would not result in a significant loss of affordable housing stock, with 17 other properties within the development remaining as affordable units

5)    An agreement could be made between the applicant and HBBC ensuring that the applicant would reinvest some of the money received from the sale of the properties

6)    The tenants have a right to acquire the property

7)    The number of tenants wanting to participate in the scheme has been reduced, thus resulting in less of an impaction affordable housing

8)    Due to affordability and local market value, the tenants would be forced to leave the home due to aspirations of owning their own home and the area, contradicting advice given referring to long term impact

9)    Disruption to one of the occupants son's who has Autism and EHCP, the relocation would not allow him to attend the local school thus disrupting the currently stable and secure environment he benefits from

The HBBC Strategic Housing and Enabling Officer has made comments on the proposed amendment which is summarised below:

The loss of stock for affordable and social rent is always disappointing due to the pressures on the Council's housing register, which currently (14 March 2019) has 1525 applicants waiting for rehousing. However allowing existing tenants to exercise a right to buy would accord with the policies set out in the HBBC Housing Strategy 2018 - 2023, which has as a priority to develop pathways into home ownership to assist people who want their own homes to get onto the housing ladder. Weight should therefore be given to the fact that a right to buy is assisting people to meet their housing aspirations when they may not be able to enter owner occupation by any other means.

Appraisal:-

Comments have been received regarding whether the tenants have the right to acquire their property. Following comments from Legal Officers it is concluded that the tenants of these properties do not have the right to acquire as the Section 106 restricts this. Currently, in order to be able to sell the property to the tenant, the Housing Association needs to get the restriction removed, hence this application. The legal agreement was secured  ...  view the full agenda text for item 470

Application for deed of variation to amend section 106 agreement relating to application 10/00358/OUT to provide right to buy for 8, 9, 14, 51 and 53 Convent Drive

It was moved by Councillor Sutton, seconded by Councillor Hollick and

RESOLVED – modifications to the S106 agreement relating to planning permission 10/00358/OUT be refused for the reasons contained in the officer’s report.