Agenda item

Report regarding viability in respect of the S106 agreement dated

27 October 2014 associated with outline planning permission WD/D/14/001938.

Cllr Jean Dunseith moved to the public seating area of the room and did not take part in the debate.  She left the room during the vote on this application.

The Committee considered a report in respect of the Section 106 Agreement dated 27 October 2014 for outline planning permission WD/D/14/001938.

Following presentation of the report, Cllr Kate Wheller conveyed comments made by Cllr Lucy Hamilton, Chairman of the Weymouth Town Council Planning Committee, stating that residents had strong concerns about large developments that did not include affordable housing and did not allow for additional burden to GP surgeries and schools.

Cllr Jean Dunseith addressed the Committee as Dorset Council Ward Member - Chickerell, stating that the developers knew about the provision of an alternative sports stadium and affordable housing when the scheme was approved in 2014 and the proposal was detrimental to Chickerell and disrespectful.

Cllr John Worth, Dorset Council Ward Member - Chickerell, stated that the proposal represented the loss of 60 affordable dwellings in an town which had areas of deprivation with a need for more social housing, including  residents of Chickerell.  The developer knew what was required in 2014, including the need for contributions for facilities such as schools and health services in the area and the arguments regarding viability should have been heard at that time.

Emma Barnett, the Agent, stated that the Section 106 Agreement allowed viability to be reviewed. A viability study to assess whether the development could support affordable housing alongside a replacement sports facility was prohibitive, a view that had been supported by the DVS. There remained a £200k pedestrian and cycle contribution.  She further explained that the applications had not been joined together due to boundary changes and differing local authorities prior to the formation of Dorset Council.

Some Members were sceptical regarding the provision of a new stadium and the viability arguments.  They were mindful that no meaningful discussions had taken place with Weymouth Football Club and concluded that an alternative stadium may never be realised meaning that the scheme may not be implemented.  It was questioned whether the scheme would have been approved in 2014 if the Section 106 Agreement accurately reflected the current position.

Cllr Nick Ireland stated that affordable housing should be the primary focus and proposed that re-provision of the stadium be deleted from the Section 106 Agreement in favour of retaining 35% affordable housing.

Legal advice was given that the Section 106 Agreement allowed the applicant to come back to committee to make a representation in respect of viability and the DVS was in agreement with this assessment.  It was not possible to change any other aspect of the Section 106 Agreement, including the provision of a stadium.

Cllr Louie O'Leary proposed that the application be refused on the basis that the Committee did not accept that the development was unviable.  This was seconded by Cllr Nick Ireland.

Decision: That the application be refused for the reason outlined in the appendix to these minutes.