A modification to a Section 106 agreement for affordable housing at a farm in Haverfordwest will be reviewed by the Pembrokeshire Coast National Park’s planning committee this week.
A request for a modification to a Section 106 legal agreement (Ref: NP/23/0492/MOD) in relation to schedule 2 (affordable housing) pertaining to Section 106 Agreement (NP10/511), on land adjacent to Blockett Farm, Blockett Lane, Little Haven, SA62 3UH will be heard by members of PCNPA’s development management committee next week.
The recommendation that will go before the committee on September 3 is to modify the Section 106 agreement to require the delivery of one affordable housing unit on the site. If evidence is provided to demonstrate on-site provision of affordable housing is not appropriate, a financial sum would be required.
The application proposes the modification of a Section 106 legal agreement relating to a housing site at Blockett Lane, Little Haven for six dwellings (application reference NP/10/511). The existing legal agreement requires the delivery of 50% affordable housing, equating to three affordable units to be transferred to a Registered Social Landlord (RSL).
The original application was made in 2010 under the adopted Local Development Plan 1 which had a policy requirement for 50% affordable housing. Since this date, the Local Development Plan 2 has been prepared with updated viability evidence.
The adopted LDP2 (adopted September 2020) has a policy requirement for 20% of new dwellings to be made affordable in the St Brides Bay Housing Submarket Area (Policy 48 ‘Affordable Housing’).
The original application has been varied by two subsequent Section 73 applications, varying matters of visibility splays and access and removing conditions relating to Sustainable Code for Homes which were subsequently absorbed by Building Regulations.
A Financial Viability Assessment was undertaken by the District Valuer on behalf of the applicant in October 2019 which concluded no affordable housing could be supported by the development, however no formal application had been made to the Authority and due to staffing issues and Covid, progress with considering the request for a modification was delayed.
Following discussions with the applicant in 2023 the Authority commissioned Nigel Sinnett Consulting Ltd (NSCL) to consider matters further.
The assessment by NSCL concluded that the provision of one affordable rented unit (88m² GIA end terrace) is viable and can be supported by the scheme. This report therefore proposes a modification to the S.106 agreement to reduce the affordable housing contribution from three dwellings to one.
This application seeks to modify the terms of a Section 106 legal agreement in relation to affordable housing on the site.
The application is being considered by the Development Management Committee in accordance with the scheme of delegation as the development seeks to approve a modification to a S.106 agreement which would vary a recommendation previously approved by the Development Management Committee.
Havens Community Council have been consulted on this application, but no response has been received.
It is recommended for the application to be delegated to the Chief Executive, the Director of Place and Engagement or the Development Management Manager to issue a modified Section 106 Legal Agreement associated with NP/10/511 to require the provision of one affordable unit on site, or equivalent off-site provision should evidence be provided of a lack of demand for provision on site. The modified S106 agreement shall be issued within three months from the date of this meeting.
In reaching a recommendation, regard has been given to the requirements of sections 3 and 5 of the Well-being of Future Generations (Wales) Act 2015. It is considered that this recommendation is in accordance with the Act’s sustainable development principle through its contribution towards the Welsh Ministers’ well-being objective of supporting safe, cohesive and resilient communities.
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