New homes at Land At 320-346 High Street, Rochester

“Members had resolved to approve the application subject to a S106, which, following a viability assessment (which was independently assessed) was to secure the following:”

“(i) A contribution of £9,449.72. towards bird mitigation (ii) Amendments to the CPZ in relation to 3 parking spaces (iii) A Clawback clause in relation to viability…”

“Following the resolution, work had been on going to complete the S106 to allow the decision to be issued with the conditions as agreed. During this time, the applicants/agents had done some soft market testing, recognising that this site was one that the Council had been seeking to bring forward for some time, and that the viability of the scheme was marginal. With the recommended clawback clause there had been no interest in the site.”

“While the use of such clawback clauses was supported within the NPPF, this was a site that had been allocated for development in the 2003 Local Plan and the scheme which was resolved to be approved was a very sensitive and high- quality scheme that would enhance the conservation area and area generally while providing much needed homes on a brownfield sustainable site.”

“If development was to be undertaken in accordance with the approved plans, there were some very detailed conditions that needed to be complied with, some prior to commencement, and then development needs to commence within 3 years for the permission to remain valid.”

“Members voted on the approval of removing the clawback clause.”