URL: https://horsham.moderngov.co.uk/ieDecisionDetails.aspx?ID=839

Decision Maker: Cabinet

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose:

Content: RESOLVED   i)              The affordable housing scheme comprising nine residential units at the Council owned Dukes Square site (“the Scheme”) be approved.   ii)             The (i) transfer of Section 106 funds the value of which is contained in the exempt appendix 1 to Horsham District Homes (Holdings) Limited to facilitate the purchase of the affordable homes from Horsham District Homes Limited be authorised and (ii) profiling of these funds into the capital programme in 2026/27 and 2027/28 years by the Director of Resources when the lead times are known.   iii)           A loan to Horsham District Homes Limited in the sum of up the value of which is detailed in the exempt appendix to construct the affordable homes, adding this to the capital programme and delegating to the Director of Resources to profile this loan into the 2026/27 and 2027/28 capital programme when the lead times are known be approved   iv)           That authority be delegated to the Director of Place to enter into the various associated contracts and other agreements/deeds to facilitate the delivery of the Scheme   v)            To (a) determine that the Dukes Square site is no longer required for garage use, (b) approve the appropriation of the Dukes Square site from a garage site to planning purposes, and, (c) approve that the Council may rely on section 203 of the Housing and Planning Act 1990 to override easements and other rights in the Duke Square Site, subject to payment of compensation under section 204 of that Act, if applicable.   vi)           To approve, if required, (a) the award of any contracts to the successful bidder required to give effect to the delivery of the Scheme, and, (b) the delegation of authority to the Director of Place in consultation with the Head of Legal and Democratic Services to finalise the terms of and enter into any contracts required to give effect to the delivery of the Scheme.   vii)          That authority be delegated to the Director of Place in consultation with the Head of Legal and Democratic Services to take all necessary actions to give effect to the delivery and implementation of the Scheme (including seeking, amongst other things, a covenant and indemnity from its housing companies to abide by the terms of a restriction in favour of the Ministry of Defence).   viii)         The freehold transfer of the Dukes Square Site to Horsham District Homes Limited for best value be approved.     REASONS   i)              This site has planning approval for nine homes. The development of affordable housing aligns with the restriction by the Ministry of Defence to provide accommodation for those with a housing need. ii)             This is a key decision. iii)           To ensure the delivery of the Scheme, an appropriate structure is in place, the allocation of funds, the appropriation of the Dukes Square site (along with overriding any rights) and the award of relevant contracts, where required.     ALTERNATIVE OPTIONS CONSIDERED BUT REJECTED AS IDENTIFIED IN THE REPORT   Development of market housing was rejected owing to the existence of the restriction on the Dukes Square and that there is a public need for affordable homes.   Converting the premises to a permanent storage use was rejected due to the deteriorating condition of the Asbestos cladding on the building, making it not fit for long term use, the reduction in demand for garage use and the fact that the affordable housing need outweighs the retention of the garages.

Date of Decision: March 25, 2026