Developer Seeks To Remove Affordable Housing Obligations

A developer’s bid to remove affordable housing from a major development near Battle is set to go in front of Rother councillors next week.

On Thursday (July 24), Rother District Council’s planning committee is due to consider an application tied to a 20-home housing development on land to the north of North Trade Road in Battle.

Within the application, developer Parker Dann is seeking permission to amend the terms of a section 106 legal agreement attached to the scheme’s 2018 outline planning permission.

Specifically, it seeks to remove the developer’s Affordable Housing (AH) obligations.

According to council planning officers, the application has been made on the grounds of financial viability, which have been independently tested.

In a report to the committee, a council planning spokesman said:

“The council commissioned an independent FVA [Financial Viability Assessment] and review of costs by an independent quantity surveyor, paid for by the applicant.

“Following the detailed analysis of all the data, which has included revised assumptions by both the applicant and the independent assessor, it is concluded that there has been a further increase in costs between January 2024 and May 2025.

“While expected sales values could also increase and noting that not all assumptions are agreed, (the independent assessor has used some reduced rates), even utilising the reduced rates of the independent assessor, it is concluded that no AH or financial contribution towards AH can be viably made as part of the application."

The spokesman added:

“While the council is extremely disappointed with the outcome of the FVA and the independent assessment of it, both conclude that the development cannot viably provide AH or a contribution in lieu, at this time.

“As such the current wording of the Section 106 Agreement in respect of AH requirements does not provide a useful planning purpose as the scheme cannot provide it.

Officers say the obligations should be replaced with a “late-stage review” process.

This would apply if the development is not completed within two-and-a-half years and would require consideration of its actual costs against any uplift in sales values to assess whether a contribution would be available at that time.

The application has seen objections raised by several local residents.

It has also been criticised by Battle Town Council, which argues the change would bring the development into conflict with its neighbourhood plan.

For further information about the scheme and to comment search for application reference RR/2024/1589/P on the Rother District Council planning website.