Thomson Snell & Passmore advise Sevenoaks District Council on 500 home planning agreement
21/05/2010
Thomson Snell & Passmore has recently advised Sevenoaks District Council in relation to a planning agreement for the largest residential development site currently in the district.
In May 2010 Sevenoaks District Council resolved to grant planning permission to Berkley Homes for the redevelopment of the West Kent Cold Storage site for a mixed use scheme comprising 500 residential units, 2,300 square metres of commercial floor space and a new medical facility. A planning agreement had to be entered into before the permission could be granted.
Thomson Snell & Passmore advised the Council in connection with this agreement which provides for the provision of funds from the developer to go towards:
- education and adult social services;
- the improvement of the local bus service;
- provision of a community facility and
- a contribution towards railway station improvement works at Dunton Green.
All of these financial contributions are intended to improve and benefit the local community when the development proceeds.
The most complicated aspect of the planning agreement relates to the provision by the developer of affordable homes to rent and buy. Due to the current economic climate and reduction of land values there is the possibility of a reduction in the end value of the homes to be built. Thomson Snell & Passmore assisted the Council and the developer in dealing with this by agreeing an innovative mechanism in the planning agreement which provides flexibility as the number, location and types of affordable homes to be provided.
The lawyers at Thomson Snell & Passmore working on this project were Richard Ellard and Roy Willis, Partners in the Commercial Property and Development team. Richard said:
"We have thoroughly enjoyed working with Sevenoaks District Council on this matter and were delighted to be asked to assist in the conclusion of this strategically important planning agreement.
Obviously house builders are under significant pressure at the moment what with the downturn in the housing market and house prices. Both Berkley Homes and Sevenoaks worked hard to review the viability of the scheme and, I believe, came up with a mutually beneficial compromise in terms of the provision of affordable homes. It is hoped that this will benefit both parties and the community at large in the long term.
It was great to work with the team at Sevenoaks including Linda Felton, Principal Solicitor, and Andrew Byrne in the Planning team. Going forward, we hope the development proves successful and brings benefits to the local community.
I hope the grant of this planning permission indicated that house builders will be moving schemes forward again soon."