Six rented affordable homes at Plots E2 And E3a Langdon Road SA1 Swansea Waterfront, Swansea

“Variation of existing Section 106 Agreement dated 17th February 2016 attached to Planning Permission 2015/1107 relating to residential development of 61 no. units to change the terms of the affordable housing provision (10% = 6 units) to be retained for rental only tenure.”

“The applicant has sought to amend the following aspects of the S106 agreement: • Modification of the Section 106 Agreement attached to planning permission 2015/1170 granted 17th February 2016 to allow the affordable housing provision to allow all 6 properties to be available on a rental only tenure.”

“The development was granted Full Planning Permission for the construction of 61no residential units dated 17th February 2016 – ref: 2015/1107 – and was subject to a Section 106 Planning Obligation requiring the affordable housing provision of 10% which equated to 6 units.”

“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.”

“So in terms of the tests in para 5.1 above, a) Yes – the existing planning obligation still serves a useful planning purpose. b) Yes - the planning purpose could be equally served by the proposed modification. c) Yes - the Council should agree the modification.”

“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 am happy to support Beacon to buy back shared equity properties and let as social rent, as social rent is the highest housing need and we know these properties will be affordable in perpetuity.”

“The applicant had sought to amend the following aspects of the S106 agreement: • Modification of the Section 106 Agreement attached to planning permission 2015/1170 granted 17th February 2016 to allow the affordable housing provision to allow all 6 properties to be available on a rental only tenure.”

“Resolved that consent be granted for the modification of Section 106 agreement (completed 17 th February 2016) of planning permission 2015/1107 to allow the 6 affordable housing units to be managed by a RSL to be delivered as social rented tenure.”