Agenda item

Application for Deed of variation to amend section 106 agreement relating to application 12/00154/FUL to provide the provision of right to buy for no. 22 Jubilee Way.

Late items

Consultations:-

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:-

Hinckley and Bosworth have adopted a Housing Strategy 2018 to 2023 which whilst not a statutory planning document can be given some weight in the determination of this application as this document supports the councils Corporate Plan 2017 to 2021. This document identifies within key housing issue 2 that the councils aims are to:

'Develop pathways into home ownership to assist people who want their own homes to get onto the housing ladder.

For people who do not qualify for affordable housing, or who wish to leave social housing to buy their own home, we will:

• Provide information on the different types of home ownership and signpost them to appropriate professional advice
• Make greater use of the Choice Based Lettings website to advertise other tenure types in addition to social and affordable rent
• Produce literature to help people on the practicalities of moving house'

Some weight is given to this strategy as this forms part of the consideration of the amendment. However local planning policy has a significant weight in the decision of this application, with the relevant local plan policies ensuring that there is a differing mix and type of tenure options available within the development.

It is considered that the Local Plan Policies, specifically Policy 15 of the Core Strategy, are in accordance with the Housing Strategy as it requires a mix of tenure types on all sites. These mix of tenure types allow for pathways into homeownership whilst also retaining some affordable housing for rent. Both the Housing Strategy and the Local Plan focus upon increasing the availability of affordable dwellings within the borough. The planning policy and the housing strategy are therefore aligned and there is no conflict between the two.  The recommendation and accompanying assessment given in the committee report therefore remains unchanged.

It is understood that the tenants have the benefit of being assured tenants. For clarity an assured tenant has very strong rights and as such there are very limited reasons an assured tenancy can be brought to an end. Even then, it would need to go through court for a decision. The legal basis for assured tenancies is set out in the Housing Act 1988 and the following paragraph provides the rights of tenure security:

"An assured tenancy cannot be brought to an end by the landlord except by—

a)    obtaining—

          i)    an order of the court for possession of the dwelling-house under section 7 or 21, and

         ii)    the execution of the order,

b)    obtaining an order of the court under section 6A (demotion order), F2...

c)    in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power[F3, or

d)    in the case of an assured tenancy—

          i)    which is a residential tenancy agreement within the meaning of Chapter 1 of Part 3 of the Immigration Act 2014, and

         ii)    in relation to which the condition in section 33D(2) of that Act is met, giving a notice in accordance with that section,]

and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy."

As such it is considered that the tenants of the properties would be able to continue to reside within the property they currently live in and they would not become homeless or have to relocate if they wished to remain in the properties they live in.

Overall, it is considered that the amendment to the Section 106 agreement would result in the net loss of affordable units with no guarantee that this would be recycled within the borough at a time when the delivery of affordable housing units is below the council's targets. The benefits of this proposal for existing tenants to meet their housing aspirations to own their own home is not considered to outweigh the harm identified to the loss of affordable housing stock for the borough. As such, the proposed amendment is considered to be contrary to Policy 15 of the Core Strategy and the Affordable Housing SPD.

Recommendation:-

The recommendations to Planning Committee do not alter from committee extract and the proposed Section 106 Amendment is recommended for refusal for the reason outlined in the committee extract.

Application for deed of variation to amend section 106 agreement relating to application 12/00154/FUL to provide right to buy for no 22 Jubilee Way

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

RESOLVED – modifications to the S106 agreement relating to planning permission 12/00154/FUL be refused for the reasons contained in the officer’s report.