S106 contribution reduction at Land at Cross Nursery, Newgatestreet Road, Goff's Oak

“SUMMARY 1.1 Outline planning permission ref. 07/22/0147/O was granted on 29 December 2023, for the demolition of existing glasshouse and ancillary buildings and provision of up to 14no. residential self-build plots (with all matters reserved except for access).”

“DESCRIPTION OF PROPOSAL 3.1 The application seeks a modification to the s106 agreement attached to planning permission ref. 07/22/0147/O to reduce the financial contributions in line with current project viability. The obligation at the time of the signing of the S106 agreement in December 2023 equated to financial contributions of £162,461.50 per dwelling unit.”

“RELEVANT PLANNING HISTORY Application Reference Description of Proposal Decision 07/24/0560/DRC Application for the approval of details reserved by condition no 17 (DCEMP) and 18 (Construction Traffic Management Plan) of planning permission 07/22/0147/O(Outline Planning Permission for the demolition of existing glasshouses and ancillary structures and phased delivery of up to 14 serviced plots for self-build and custom housebuilding) Approved 30/09/2024 07/24/0464/DRC…”

“CONSULTATIONS AND REPRESENTATIONS 5.1 Detailed below is a summary of the consultation responses received. The full version of each consultation response can be viewed on the Council’s website via public access at the following link: https://www.broxbourne.gov.uk/planning/planning- register/1 using the planning reference: 07/26/0076/MOD106. Publicity The application was advertised by means of a site notice posted on 17 April 2026.”

“Reducing the S106 contributions would have a significant negative impact on education, transport and infrastructure, healthcare and community facilities, and affordable housing. Consultation The following consultation responses have been received: HCC Growth and Infrastructure – whilst there is disappointment that the application has been submitted, there is also understanding that market conditions may have changed and consequently impacted on viability.”

“With the agreed level of S106 contributions, the submitted appraisal indicates a negative residual land value of -£3,626,018 and a deficit of -£4,726,018 representing an actual loss of c. 5%. The DSP review finds the consented scheme produces the following outcomes: Scheme Residual Land Value Deficit Actual Profit %GDV Agreed level of S106 contributions -£1,004,377 -£1,554,377 7.7 Reduced level of S106 contributions -£139,659 -£689,659 14.3 7.9 The DSP Review states that…”

“Hertfordshire County Council Growth and Infrastructure unit were consulted on this application and although disappointed that the application has been submitted, recognise that market conditions may have changed and impacts on financial viability.”

“Since publication of the agenda, Hertfordshire County Council Growth and Infrastructure Unit had raised no objections and if the Committee was minded to grant the application, had requested amendments to the education contribution, which officers supported.”

“RESOLVED that the application to vary the s.106 agreement be deferred for more information including the options open to the Committee to determine the application.”