Purpose

Pursuant to the Council resolution of 23 July 2024, the Council has entered into a Development Agreement with Wates Construction Ltd. Wates Construction Ltd is appointed as the Council’s Development Partner to support it in delivering a housing scheme at the Guildford Park site. Following committee approval of the planning application the decision is to approve the Council entering into and executing:
1. A Statement of Intent setting out the agreed principles and commitments between the parties in relation to the proposed development; and
2. A Section 106 Agreement pursuant to section 106 of the Town and Country Planning Act 1990 to secure the agreed planning obligations and associated arrangements required to facilitate delivery of the development.
Authority is delegated to Strategic Director (Place), in consultation with the Lead Councillor for Housing and Community and the Lead Councillor for Regeneration in consultation with Legal Services to finalise and execute the necessary documentation.

Decision

To Execute the Statement of Intent in relation to Planning Application 25/P/01522 – Land at Guildford Park Road Car Park; and
To enter into a Deed of Indemnity with Wates, whereby Wates will indemnify the Council against all liability proceedings costs claims demands and expenses incurred or arising under the Statement of Intent or any planning obligation otherwise as provided for within the Development Agreement.

Reasons for the decision

1. The Statement of Intent will secure planning obligations deemed necessary to permit the development associated with the planning application 25/P/01522 – Land at Guildford Park Car Park.

2. The Council, in its capacity as Landowner, must execute the Statement of Intent.

3. This will then enable the Director of Planning to exercise their delegated authority to grant planning permission for the scheme and issue the decision notice to the applicant – the Council’s development partner, Wates.

4. The Deed of Indemnity will provide the safeguards set out in the Development Agreement to indemnify the Council from any liability for the cost of the meeting the obligations set out in the Statement of Intent.

Alternative options considered

Option 1 – Do not execute Statement of Intent: If the Council does not execute the Statement of Intent, for the reasons discussed elsewhere in this report, planning permission cannot be granted and the scheme cannot proceed. The Council will be in breach of its obligations under the Development Agreement. This option therefore cannot be recommended.