The Joint Strategic Committee has decided to approve recommendations for the development of the Union Place site and affordable housing provision.

URL: https://democracy.adur-worthing.gov.uk/ieDecisionDetails.aspx?ID=1250

Decision Maker: Joint Strategic Committee

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: Yes

Purpose:

Content: Before the Committee was a report by the Deputy Chief Executive and Director for Economy, Regeneration & Climate, copies of which had been circulated to all Members and a copy of which is attached to the signed copy of these minutes as item 20.   The report before members provided an update on progress following the previous report to the Joint Strategic Committee on 14 January 2025, regarding the proposed development of the Union Place site. It outlined the current status of negotiations and recommendations relating to affordable housing.   Members were given estimated timelines for entering into a sale agreement, site mobilisation, and commencement of the construction programme.   Decision:   That the Joint Strategic Committee:-   1.    Noted:   a)    The advice note set out under Item 4 of this report Affordable Housing Market Intelligence;   b)    The proposed terms for the delivery of the Affordable provision in 4.18.   2.    Agreed the proposed terms set out in 4.18 and below:                 I.        Roffey Homes Limited (Roffey Homes) will market the 43 affordable units, in accordance with the planning-approved scheme (AWDM/1618/23 – Union Gardens), to Affordable Housing Registered Providers (RP) to seek an ‘onsite’ affordable housing offer in line with its obligations set out in the S106 agreement and to use all reasonable and commercially sensible endeavours to agree appropriate commercial terms, to the satisfaction of the Interim Chief Executive in consultation with the Leader of the Council and the Cabinet Member for Regeneration, for acquisition of those 43 affordable units by an RP, and then to enter into legally binding agreements with such an RP reflecting those terms. As part of this process Roffey Homes will provide the Council with a monthly report on the status of the above marketing, any interest expressed, offers made, action taken in response, and progress of any further discussions following such offer, to seek to agree appropriate commercial terms with an RP in light of such offer. This will include advertising the 43 affordable units on Homes England Clearing Service.               II.        Should commercial terms for acquisition of the 43 affordable units “on site”, not be agreed in principle with an appropriate RP by the timescale set out in the S106 agreement or sooner by agreement with the Council, Roffey Homes will, for a 3-year period, use all reasonable and commercially sensible endeavours to agree appropriate commercial terms, to the satisfaction of the Interim Chief Executive in consultation with the Leader of the Council and the Cabinet Member for Regeneration, to make suitable provision for the equivalent affordable housing to be provided off-site, in accordance with the Council’s planning policies, by taking the steps set out below. This would require Roffey Homes to secure land that is suitable and for which appropriate planning and other necessary consents can be obtained. The construction of the affordable homes would then be delivered on behalf of an RP, or land transferred to an RP who could develop themselves, on appropriate commercial terms, Roffey Homes using all reasonable and commercially sensible endeavours to enter into a legal agreement with an RP in those terms, and reporting to the Council on steps taken, similarly to those in resolution 2.2.1 above.              III.        Should Roffey Homes, having used all reasonable and commercially sensible endeavours as per resolution 2.2.2 above, not be able to facilitate an ‘off site’ provision within 3 years, they would then pay the commuted sum of £1,004,004 as set out in the Section 106 agreement. In those circumstances, the open-book overage Roffey Homes will agree to pay to the Council from development and sale of the Union Place site, will trigger at a lower level, as further described in Exempt Appendix 2.             IV.        Delegate authority to the Interim Chief Executive in consultation with the Leader of the Council and the Cabinet Member for Regeneration to:   A.    finalise negotiations for the affordable provision, in accordance with the process in resolution 2 above, to enable conclusion of the sale agreement with Roffey Homes, and to finalise the terms of that sale agreement and related legal documents, to enable these to be entered into.   B.    to consider the steps taken by Roffey Homes in the process described in resolutions 2 I, II and III above, to determine if he is satisfied that enough has been done to satisfy the requirements in that process.   C.   to procure any remaining consultancy appointments to finalise the sales agreement. Any associated costs will be deducted from the capital receipt the Council receives from sale of the Union Place site pursuant to the sale agreement.  

Date of Decision: July 8, 2025