FI16022

Request

  1. How many completed Section 106 affordable housing units (i.e. physically built and ready for occupation) currently remain unsold due to the absence of a contract with a Registered Provider?
  2. How many Section 106 affordable housing units that are either under construction or due to commence construction within the next 12 months are not currently under contract with a Registered Provider?
  3. In total, how many residential development sites that include Section 106 affordable housing have been delayed or stalled in the past three years due to the inability to secure an RP to acquire the affordable units?
  4. Where no RP has agreed to acquire Section 106 affordable housing units, what alternative solutions has the council implemented? (e.g. payments in lieu, variations to S106 agreements, direct purchase by the council or other delivery mechanisms).
  5. Does the council currently accept the inclusion of cascade mechanisms in newly negotiated Section 106 agreements to address situations where no RP can be secured? 

Response

  1. The Council does not hold this information.
  2. The Council does not hold this information.
  3. The Council does not hold this information.
  4. The Council's default position is for the affordable housing units to be delivered. If there's no PRP to take on the units, then the Council will try to take them on ourselves, utilising various source of funding, including Homes England grant funding. If we are unable to, or our bid is unsuccessful, our Housing Enabling Officer contacts PRPs to see if they will reconsider taking them on. If this is unsuccessful then developers will usually ask to pay a financial contribution instead.
  5. We routinely include a mortgagee exclusion clause in section 106 agreements which applies to the affordable housing provisions and which enables the affordable housing to be sold free from the restrictions in the s106 if, despite having used reasonable endeavours for a period of 3 months, it has not been possible for the owner to complete a disposal of the affordable housing units to a registered provider or the Council.