BODMIN Town Council has said that it objects in the ‘strongest possible terms’ to a bid by a large housing developer to get out of paying nearly £350,000 in community infrastructure contributions.

The town council’s formal objection comes after its councillors expressed anger at the bid by Wainhomes to absolve of its obligations to pay the Section 106 funding.

The developer stated in the application that the obligation it agreed to prior to planning approval makes the project ‘unviable’ – which in the context of housing developments means that it is likely to deliver a profit of under 17.5 per cent.

It submitted a report by consultants Vickery Holman that states that the scheme as-is with the financial obligations would mean that the developer would not achieve a sufficient profit to make the scheme viable.

Bodmin Town Council has demanded that Cornwall Council holds the developer to account on the payments, stating that in its view, the town had experienced a significant increase in population while not having the infrastructure and facilities to match that growth.

In its submission to Cornwall Council, who will make the final decision on whether to let the developer get away with not paying the £348,798 sum to the town, it said: “Bodmin Town Council objects, in the strongest possible terms, to the proposed modification of the Section 106 Agreement associated with planning permission PA23/07573.

“The council considers that the developer voluntarily entered into the original Section 106 Agreement, including the agreed financial contributions towards infrastructure, as part of the planning process. Those obligations formed part of the basis upon which planning permission was granted and should therefore be honoured.

“The council is not persuaded that the submitted viability case justifies reducing or removing previously agreed planning obligations. Allowing such a variation would undermine public confidence in the planning system and set an unacceptable precedent whereby developers may seek to renegotiate legally binding obligations after planning permission has been secured.

“Bodmin has experienced significant housing growth in recent years without the timely delivery of the supporting infrastructure required to meet the needs of existing and future residents.

“The town council remains concerned about the cumulative impact on local services, including healthcare, education, highways, drainage and other community infrastructure. The infrastructure secured through the original Section 106 Agreement was intended to help mitigate these impacts, and the council considers it essential that these commitments are retained.

“The council therefore requests that Cornwall Council refuses the proposed variation to the Section 106 Agreement and requires the developer to deliver the obligations that were agreed when planning permission was granted.”

The application by Wainhomes can be viewed using reference PA26/04559 on the Cornwall Council planning portal.

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