Issue - meetings
Affordable housing commuted sum dispute – Tadcaster Road, York
Meeting: 23/01/2017 - Decision Session - Executive Member for Finance and Major Projects (Item 25)
25 Affordable Housing Commuted Sum Dispute 
PDF 112 KB
The report provides an update on a legal matter between the council and a developer regarding the obligation to pay a commuted sum in lieu of onsite affordable housing.
Additional documents:
- Exempt Annex 1 , View reasons restricted (25/2)
- Exempt Annex 2 , View reasons restricted (25/3)
Decision:
Resolved:
(i) That the proposals to pursue legal action against the developer as necessary, including arrangements for the Assistant Director of Housing and Community Safety, in consultation with the Assistant Director of Legal & Governance to apply delegated powers to reach a final negotiation within the best interests of the Council be endorsed.
(ii) That officers proceed to negotiate a settlement within the best possible interest of the Council for this long running dispute subject to the further formal approval of the Executive Leader (incorporating Housing & Safer Neighbourhoods) and that the final settlement figure be formally presented at a future Executive Leader (incorporating Housing & Safer Neighbourhoods) Decision Session.
Reason: To protect the authority’s position in relation to developers honouring their obligations under Section 106 Agreements and ensure the authority maximises its position regarding commuted sums.
Minutes:
The Executive Leader considered a report that provided an update on a legal matter between the council and a developer regarding the obligation to pay a commuted sum in lieu of onsite affordable housing.
Resolved:
(i) That the proposals to pursue legal action against the developer as necessary, including arrangements for the Assistant Director of Housing and Community Safety, in consultation with the Assistant Director of Legal & Governance to apply delegated powers to reach a final negotiation within the best interests of the Council be endorsed.
(ii) That officers proceed to negotiate a settlement within the best possible interest of the Council for this long running dispute subject to the further formal approval of the Executive Leader (incorporating Housing & Safer Neighbourhoods) and that the final settlement figure be formally presented at a future Executive Leader (incorporating Housing & Safer Neighbourhoods) Decision Session.
Reason: To protect the authority’s position in relation to developers honouring their obligations under Section 106 Agreements and ensure the authority maximises its position regarding commuted sums.