21 affordable homes rented at Land Off Lon Masarn Cefn Coed Hospital, Cockett, Swansea

What was proposed

The application sought to change the agreement so 21 affordable homes could all be available on a rental-only tenure.

“Modification of existing Section 106 agreement dated 10th August 2015 attached to Outline Planning Permission 2014/0969 relating to residential development up to 73 no. homes to allow the Registered Social Landlord to buy back properties sold under staircasing leases and then allow those properties to be available on rental only tenure.”

“Modification of the Section 106 Agreement attached to planning permission 2014/0969 granted 10th August 2015 to allow the affordable housing provision to allow all 21 properties to be available on a rental only tenure.”

Officer report

The site and development

The proposal concerned land off Lon Masarn at Cefn Coed Hospital and a residential development of up to 73 homes.

“Planning Application - 2026/0261/106 Land Off Lon Masarn, Cefn Coed Hospital, Cockett, Swansea…”

Officer report

Planning history

Planning permission for up to 73 homes was granted in 2015, with 21 affordable homes required through a Section 106 agreement.

“The development was granted Full Planning Permission for the construction of up to 73no. residential homes dated 10th August 2015 – ref: 2014/0969 – and was subject to a Section 106 Planning Obligation requiring the on-site affordable housing provision of 30% which equated to 21 residential homes.”

Officer report

What officers recommended

Officers recommended consent because the affordable housing purpose would remain and social rent would meet the highest housing need.

“With regard to the first question, it is considered that the original obligation still serves a useful planning purpose in that the required affordable housing is still required. This would not change. The requirement for Affordable Housing is clear in both local and national planning policy. Technical Advice Note 2: Affordable Housing (2006) provides practical guidance on the role of the planning system in delivering such housing.”

“With regard to the second question, as social rent is the highest housing need and we know these properties will be affordable in perpetuity then clearly the planning purpose would be equally served by the proposed modification.”

Officer report

Officer consultation

The Council’s legal and housing officers supported the proposed variation and confirmed the landlord could buy back properties for rental-only use.

“Council’s Legal Officer - As this is a material change, a Deed of Variation is required to change the tenure mix specified in the section 106 agreement, and the RSL cannot unilaterally alter the mix without the Council's consent and a formal variation. Section 106(1) of the Town and Country Planning Act 1990 provides that planning obligations may be entered into "by agreement or otherwise," and are enforceable against the parties and persons deriving title from them.”

“Council’s Housing Officer – I confirm its agreement to modify the existing Section 106 Agreement dated 10 August 2015, attached to Outline Planning Permission reference 2014/0969 for the residential development of 73 units. The proposed modification would allow the Registered Social Landlord to buy back properties previously sold under staircasing leases and for those properties to thereafter be made available on a rental-only tenure.”

Officer report

Who spoke

A lead lawyer presented the report on behalf of the Head of Planning and City Regeneration.

Committee consideration

The application was supported by Council officers, and its background and planning history were presented to the committee.

“The background details of the application and relevant planning history were all outlined in the report. The request was supported by Swansea Council Officers.”

Minutes

The committee vote

The committee resolved to grant consent for the Section 106 modification.

“Resolved that consent be granted for the modification of Section 106 agreement (completed 10th August 2015) of planning permission ref: 2014/0969 to allow the 21 affordable housing units to be managed by a RSL to be delivered as social rented tenure.”

Minutes