Approval of Tenure Mix for Category A Housing Development at Bel Royal

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A decision made (07.10.08) to approve Tenure Mix for Category A Housing Development at Bel Royal

Decision Reference: MD–PE–2008-0223
Decision Summary Title :	DS – Category A Housing Development at Bel Royal – Tenure Mix		Date of Decision Summary:	8th September 2008
Decision Summary Author:	Roger Corfield Principal Planner: Policy and Projects		Decision Summary: Public or Exempt?	Public
Type of Report:	Written and Oral		Person Giving Oral Report:	Roger Corfield, Principal Planner
Written Report Title :	WR – Category A Housing Development at Bel Royal, St. Lawrence – Tenure Mix		Date of Written Report:	8th September 2008
Written Report Author:	Roger Corfield Principal Planner: Policy and Projects		Written Report : Public or Exempt?	Public
Subject: Proposal for the Tenure Mix at the above development.
Decision(s): The Minister for Planning and Environment decided to: (1) approve the proposed tenure mix on the understanding that the 46 units referred to as “shared equity properties” shall be provided for ‘Jersey Homebuy housing’. (2) instruct the Law Officers’ Department to prepare a modification to the existing ‘Planning Obligation Agreement’, accordingly, and circulate to the developer (Bel Royal (Jersey) Ltd) and the Minister for agreement and signature. (3) delegate responsibility for signing the Modification to the Planning Obligation Agreement to the Director of Planning.
Reason(s) for Decision:  To assist in meeting current identified housing needs, including the requirement for more affordable homes for those without the means to buy in the ‘open’ first-time buyer market and, to a lesser extent, the requirement for those over 55 years who are looking to ‘downsize’ to more suitable accommodation, whilst releasing much needed larger family accommodation.  To comply with the terms of the planning permission and the associated Planning Obligation Agreement.  To effect compliance with Policy H1 of the Island Plan, as recently amended by the States.
Resource Implications: None
Action required: Instruct the Law Officers’ Department to prepare a modification to the relevant Planning Obligation Agreement, for signature by the developer (Bel Royal (Jersey) Ltd) and by, or on behalf of, the Minister (N.B. Prior to registration in the Public Registry of Contracts. inform the land owner and local political representatives.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

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Approval of Tenure Mix for Category A Housing Development at Bel Royal

		Item No:
		Date: 8/9/08

PLANNING AND ENVIRONMENT

Category A Housing Development at Bel Royal, St. Lawrence –

Tenure Mix

Purpose of the Report

To consider a proposal for the tenure mix at the above development, submitted in order to discharge Planning Condition No.4. This condition requires the Minister’s specific approval for the proposed mix.

Background

1. On 21st March 2007, the Minister for Planning and Environment (The Minister) decided to grant planning permission for development at the site comprising inter alia 102 Category A homes. These included 97 family homes and 5 elderly persons’ homes.

2. A permit was issued on the 8th May 2007, subject to numerous planning conditions, including one governing tenure mix and another requiring the developer to enter into a planning obligation agreement, which should inter alia guarantee an appropriate tenure mix.

3. Planning Condition No.4 requires that the development shall be developed and retained either:

(i) in the proportion of 55% for sale to first-time buyers and 45% for social rent tenants (to be transferred to a social housing landlord approved by the Minister for Housing), in accordance with the original Policy H1 of the Island Plan 2002; or

(ii) in accordance with any amendment to the tenure requirements agreed by the Minister, where he has satisfied himself that there is sufficient justification to allow for a proportional split between conventional first-time buyer homes and shared equity homes.

4. In addition, the associated Planning Obligation Agreement requires a tenure split of 55% first-time buyers and 45% social rented accommodation. However, it also allows for a proportional split of between conventional first-time buyer homes and shared ownership homes, in circumstances where the Minister is satisfied that there is a sufficient justification. Where this is the case, there is a requirement to agree a modification to the POA on behalf of the Minister so as to give effect to the proportional split.

5. There was a further condition requiring the Minister to specify (among other things) the number of elderly persons units required, which has since been established as 5 No. homes.

6. In July 2008, the States approved a proposition brought by the Minister and the Minister for Housing (P.74 / 2008), which was primarily intended to launch a new affordable housing scheme called ‘Jersey Homebuy’ (similar to a shared equity scheme), in order to allow qualified Islanders to buy their first home at 35% discount.

7. In approving the proposition, the States agreed to amend Island Plan Policy H1, which allows for the remaining Island Plan H2 sites (including the site in question) to be developed with a mix of 55% unclassified first-time buyer dwellings and 45% social rented or Jersey Homebuy dwellings in such proportions as the Minister shall determine, having regard to the recent evidence of housing need and housing supply.

8. Also in July 2008, the States approved another proposition brought on behalf of the Minister (P.75 / 2008), which was primarily intended to facilitate the provision of land for ‘lifelong homes’. The aim was to help meet the specific needs of older people (over 55) and some additional first-time buyer accommodation.

9. In approving that proposition, the States agreed to a redefinition of Category A housing to include ‘lifelong homes’ for people over 55 (either social rental or for purchase on the open market). To this end, Policy H1 of the Island Plan was further amended. This effectively allows the proportional split of homes (55%) originally required for the provision of first-time buyer homes to also include ‘lifelong homes’ (for people over 55) to buy.

Discussion

The submitted tenure mix proposal provides for the following:

· 55% of homes to be a combination of conventional first-time buyer properties (51 No. units) and elderly persons homes for people over 55 to buy, which are described as ‘Lifetime Home Properties’ (5 No. units); and

· 45% of homes to be “shared equity properties” (46 No. units).

This proposal is generally in accordance with the proportional tenure split required by Island Plan Policy H1, as recently amended by the States.

The 5 No. lifetime homes intended for people over 55 are similar in specification and design to the ‘lifelong homes’ and the design and layouts of these properties have already been approved, following detailed consultations with the Assistant Minister for Planning and Environment.

However, what the applicants describe as “shared equity properties” should be more accurately described as ‘Jersey Homebuy houses’, in order to comply fully with Island Plan Policy H1.

In view of the above, there seems to be no reason why the Minister should not endorse the proposed tenure mix, provided the 46 units described as ‘shared equity properties’ shall be provided for ‘Jersey Homebuy housing’.

Legal implications

As alluded to above, it is necessary to prepare and agree a modification to the Planning Obligation Agreement to reflect the proposed tenure mix.

This modification will need to be signed by the developer (Bel Royal (Jersey) Ltd) and by, or on behalf of, the Minister and registered in the Public Register.

Once agreed, the Minister must place a copy of the Modification to the Agreement on the ‘Register of Planning Obligations’ and make this available for public inspection.

Consultation

The matter has been discussed with representatives of the land owners (Bel Royal (Jersey) Ltd).

Recommendation

That the Minister for Planning and Environment decides to:

(1) approve the proposed tenure mix on the understanding that the 46 units referred to as “shared equity properties” shall be provided for ‘Jersey Homebuy housing’.

(2) instruct the Law Officers’ Department to prepare a modification to the existing Planning Obligation Agreement, accordingly, and circulate it to the developer (Bel Royal (Jersey) Ltd) and the Minister for agreement and signature;

(3) delegate responsibility for signing the Modification to the Planning Obligation Agreement to the Director of Planning.

N.B. Once the Modification to the Planning Obligation Agreement has been signed, the Law Officers’ Department will be instructed to apply on behalf of the Minister to the Royal Court to register the Modification in the Public Registry of Contracts.

Reason(s) for Decision

· To assist in meeting current identified housing needs, including the requirement for more affordable homes for those without the means to buy in the ‘open’ first-time buyer market and, to a lesser extent, the requirement for those over 55 years who are looking to ‘downsize’ to more suitable accommodation, whilst releasing much needed larger family accommodation.

· To comply with the terms of the planning permission and the associated Planning Obligation Agreement.

· To effect compliance with Policy H1 of the Island Plan, as recently amended by the States.

Action Required

 Instruct the Law Officers’ Department to prepare a modification to the relevant Planning Obligation Agreement, for signature by the developer (Bel Royal (Jersey) Ltd) and by, or on behalf of, the Minister (N.B. Prior to registration in the Public Registry of Contracts).

 inform the land owner and local political representatives.

Written by:	Roger Corfield, Principal Planner – 8th September 2008

Approved by:	Kevin Pilley, Assistant Director – Policy and Projects

Endorsed by:

Attachments:

· Appendix 1: Letter from Dandara, dated 8th August 2008.

· Appendix 2: Master Sales Plan, showing Proposed Tenure Mix (Drawing No. JY35-DA-905 P16).

File ref: P/2006/2489