ADD2354 Expert Legal Advice on S106 agreement/related legal documents

Policy H5 of the draft London Plan sets out a strategic target that 50 per cent of new homes in London should be affordable. One of the measures within the plan for achieving this is the delivery of 50 per cent affordable housing on public land. Under policy H6 of the Draft London Plan and the Mayor’s Affordable Housing and Viability Supplementary Planning Guidance (SPG), where a public sector body has committed to providing 50 per cent affordable housing across a portfolio of sites, individual sites providing 35% affordable housing can be considered under the Fast Track Route.

As part of the planning application for the redevelopment of the site, the London Legacy Development Corporation set out an intention to achieve 50 per cent affordable housing across a portfolio of sites, to include Stratford Waterfront, Pudding Mill Lane and Rick Roberts Way. The principle of this approach was agreed subject to adequate measures being put in place to secure the requirement set out in the Draft London Plan and SPG.

To assist in implementing the ‘portfolio approach’ for the Stratford Waterfront application and associated portfolio sites, TfL Legal appointed Ashurst to provide expert legal advice in relation to the S106 agreement, unilateral undertakings and other legal documents relevant to the planning application. Ashurst are on a competitively procured legal panel and were appointed in view of their previous experience in drafting s106 clauses for the GLA. The objective of the work is to ensure that the legal agreements are consistent with the approach and criteria set out in the Draft London Plan and SPG. This work includes attendance at meetings as required.

The outcome of this work will ensure that the Mayor’s policies regarding the delivery of affordable housing are implemented effectively and that affordable housing is secured across the portfolio of sites. This will have a positive impact on a number of groups with protected characteristics who are more likely to live in affordable housing. Consequently, there are no equality issues relating to the appointment made to undertake this work.

The work referred to in this decision is necessary to ensure the effective implementation of the portfolio approach on public land within the Draft London Plan and Affordable Housing and Viability SPG. Failure to achieve necessary measures to secure the portfolio approach within the relevant legal agreements for the application would put the delivery of Mayor’s policies and the objective of maximising affordable housing provision at risk. This is however mitigated by taking expert legal advice regarding the obligations secured within the S106 agreement and associated documents.

Approval is sought for legal costs of up to £25,000 in relation to the proposed development at Stratford Waterfront, of which £22,500 will be funded from the Authority’s Planning Unit’s Development Management Budget for 2019-20. The remaining costs of £2,500 will be funded by the LLDC.