Affordable housing requirement removal at The Barn, Effingham, Leatherhead

What was proposed

The application sought to remove six affordable homes from the legal agreement for a scheme of fifteen dwellings.

“Planning permission was granted in 2024 (application ref: 21/P/00120) for the proposed conversion of the existing dwelling on the site to three dwellings and the erection of 12 new dwellings together with associated garaging, access and landscaping. This planning permission has not yet been implemented. Of the 15 units approved, 6 units (40%) were proposed to be affordable units, as secured by the S106 agreement attached to 21/P/00120.”

“As outlined above, this application seeks to vary the legal agreement to remove the requirement for any affordable housing provision. The application states that it has not been possible to find an affordable housing partner for the proposed development and that the viability of the scherm has changed and its is no longer viable to provide affordable housing within the development…”

Officer report

The site and approved scheme

The site is within Effingham’s settlement boundary and conservation area, outside but next to the Green Belt.

“Site description. The application site is set within the settlement boundary of Effingham and Effingham Conservation Area. It is located outside of, but adjacent to, the Green Belt. Planning permission was granted in 2024 (application ref: 21/P/00120) for the conversion of the existing dwelling into three dwellings and the erection of 12 new dwellings together with associated garaging, access and landscaping. This planning permission has not yet been implemented.”

Officer report

What officers recommended

Officers recommended approving the variation because an independent viability review found no capacity for on-site affordable housing or an alternative contribution.

“Following an independent review of the submitted Financial Viability Assessment by DSP, it is concluded that it has been satisfactorily demonstrated, that based on present day costs and values, the scheme will not support delivery of affordable housing or a contribution to affordable housing.”

“It is therefore recommended that the proposed variation of the Section 106 Agreement to remove the requirement for any affordable housing provision on site, without any requirement for off-site affordable housing contributions, is therefore agreed.”

Officer report

Who spoke

The Development Management Specialist explained that no registered provider had been secured and a full viability assessment had been submitted.

What members debated

Members regretted losing affordable housing and discussed provider contacts, viability assumptions, possible contributions and Council support for matching developers with providers.

“In debate, Members expressed regret at the loss of affordable housing and discussed wider concerns about emerging patterns of viability-led requests to reduce affordable provision.”

“Members queried whether the original affordable housing requirement had been overly ambitious, whether the applicant had approached a sufficiently broad range of registered providers, and whether the Council could be more proactive in supporting “matchmaking” between developers and providers.”

Minutes

The decision

The committee approved the application and gave delegated authority to agree removal of the affordable housing requirement.

“The Chair then moved the motion to approve application 21/P/00120/S106/1, with delegated authority granted to the Assistant Director of Planning to agree to the variation of the Section 106 Agreement to allow for the removal of the requirement for affordable housing provision on the site. The motion was seconded by Councillor Bilbe and was carried.”

“RESOLVED: That application 21/P/00120/S106/1 be approved, with delegated authority granted to the Assistant Director of Planning to agree to the variation of the Section 106 Agreement to allow for the removal of the requirement for affordable housing provision on the site.”

Minutes