LEGAL disagreements between housing developers and a Somerset council mean that more than 600 new homes cannot be built.

Sedgemoor District Council has granted planning permission for a number of major housing developments in Bridgwater, Cheddar, Highbridge and North Petherton.

Each development requires a legal document known as a Section 106 agreement, signed by both parties, to secure financial contributions from the developer towards affordable homes and local facilities.

But a total of 635 homes across six different sites cannot currently be built because the Section 106 agreements have not been signed.

An update on the situation came before the council’s development committee in Bridgwater on Tuesday morning (January 22).

Since the issue was previously raised in October 2018, the number of homes being delayed by Section 106 agreements has risen from 563 to 635 – a rise of just over 12 per cent.

Stuart Houlet, the council’s service manager for development management, told the committee he expected all outstanding agreements to be “resolved very quickly”.

The six sites which are being held up are as follows:

260 homes on Bower Lane, Bridgwater (approved June 5, 2018): permission was given to Winters and Edward Ware Homes to develop this crucial first section of this key site in eastern Bridgwater near the M5. In addition to 78 affordable homes, the council hoped to secure new public open spaces and a financial contribution towards the spine road through the site, which would be extended if subsequent applications are approved. As of January 10, the agreement is largely complete – but “further discussions on the wider allocation [of funding] and its relationship with the link road” are needed before everything can proceed

111 homes on land north of Dawes Farm, North Petherton (approved April 10, 2018): Persimmon Severn Valley was given permission to build homes on this site on the condition that it would provide 33 affordable homes, a children’s play area and contribute financially towards ongoing maintenance. The latest proposed version of the agreement was sent out at the end of October 2018; the developer sent its proposed amendments to the council on December 20, and its officers are still working on a formal response

96 homes at Round Oak Farm, Axbridge Road, Cheddar (approved July 31, 2018):  Waddeton Park Ltd was given permission to develop this site, provided that 29 homes were affordable and that contributions would be made towards a children’s play space and the Sharpham Road playing field. The current hold-up is caused by ongoing discussions between the district council and Somerset County Council over improvements to the ‘magic roundabout’ north of Cheddar. Mr Houlet said: “We have met with the county council to discuss options for the magic roundabout. We are looking to secure  the start of the funding and to get some proper feasibility work done.”

72 homes on Taunton Road, North Petherton (approved October 23, 2018): Persimmon Severn Valley was given the go-ahead in October to build 72 new dwellings near North Petherton Rugby Club, on the condition that it provide 22 affordable homes, at least one play area and construct a primary access road throughout the whole site. Somerset County Council’s lawyers acknowledged the most recent draft on December 10, but no further progress has been made since then

67 homes on land north of Helliers Lane, Cheddar (approved October 24, 2017):  Since the last update in October, planning officers have had “a variety of drafts negotiated” with Cheddar LVA LLP, surrounding the provision of 20 affordable dwellings, a play area and funding to close off the eastern end of Helliers Lane. There are “outstanding issues” over a small strip of land being retained and a potential “release clause”, with the most recent draft being circulated by the council’s solicitors on December 11

29 homes on Market Street, Highbridge (approved July 31, 2018): this application involves New Shore Developments Ltd and its commitment to ensure that four of the 29 flats on this site will be affordable. In December the committee was informed that an undertaking for costs (an agreement as to how legal fees are divided up) was now in place. The application will come back to the committee in February where the changes will be discussed

A further update is expected to come before the committee in the spring.