Agenda item

Variation to amend the restriction on occupation in the 10th schedule of the Section 106 agreement under application reference number P19/V1731/FUL (P16/V0246/FUL)

From: For a period of at least 43 weeks per year, not to permit the Occupation of any units of Academic Residential Accommodation by any persons other than full time students attending universities in the City of Oxford, the Vale of White Horse or South Oxfordshire, or employees including (but not limited to) interns and research assistants working or studying at academic institutions in the City of Oxford or the Vale of White Horse.

To: For a period of at least 43 weeks per year, not to permit the Occupation of any units of Academic Residential Accommodation by any persons other than Students of Further Education or Students of Higher Education attending academic institutions in the City of Oxford, the Vale of White Horse or South Oxfordshire District Council on a course of study of no less than 16 weeks duration, or employees including (but not limited to) interns and research assistants working or studying at academic institutions in the City of Oxford, the Vale of White Horse or South Oxfordshire District Council.

(Re-consultation due to change of description on 18 September 2024)

Councillor Scott Haughton declared a disclosable pecuniary interest in this item as he lived near to the site.  Councillor Haughton withdrew from the room while this item was discussed and did not participate in the debate or vote.

The committee considered planning application P23/V0420/MPO:

Variation to amend the restriction on occupation in the 10th schedule of the Section 106 agreement under application reference number P19/V1731/FUL (P16/V0246/FUL)

From: For a period of at least 43 weeks per year, not to permit the Occupation of any units of Academic Residential Accommodation by any persons other than full time students attending universities in the City of Oxford, the Vale of White Horse or South Oxfordshire, or employees including (but not limited to) interns and research assistants working or studying at academic institutions in the City of Oxford or the Vale of White Horse.

To: For a period of at least 43 weeks per year, not to permit the Occupation of any units of Academic Residential Accommodation by any persons other than Students of Further Education or Students of Higher Education attending academic institutions in the City of Oxford, the Vale of White Horse or South Oxfordshire District Council on a course of study of no less than 16 weeks duration, or employees including (but not limited to) interns and research assistants working or studying at academic institutions in the City of Oxford, the Vale of White Horse or South Oxfordshire District Council. (Re-consultation due to change of description on 18 September 2024)

Consultations, representations, policy and guidance, and the site’s planning history, were detailed in the officer’s report, which formed part of the agenda pack for the meeting.

The planning officer presented the report to members. 

The planning officer explained that the application sought a variation to amend the clauses of schedule 10 of the Section 106 legal agreement, which related to student occupation of the Botley Centre development permitted under application reference P19/V1731/FUL. The applicant intended to amend the wording to allow a greater range of students and employees to occupy the student accommodation and to enable more flexible tenancies due to current market challenges. This followed changes in demand for student accommodation across the city and district post-COVID, resulting in approximately 85% occupancy.

The proposed changes included altering the wording to permit occupation for a period of at least 43 weeks per year, not limited to full-time students attending universities in Oxford, Vale of White Horse, and South Oxfordshire, or employees, including interns and research assistants. New definitions for further education, higher education, and students of both were to be added to the agreement.

The officer noted that the relevant planning considerations were limited to the matters for which the modification was sought. There were no amendments to the physical built form of the scheme, the number of student units, cycle parking spaces, internal arrangements, or other permitted facilities. The application solely sought to amend the wording of the legal agreement. The representation from the Friends of Boars Hill, seeking a 10-week restriction, was not part of the proposal and was deemed unnecessary as no planning harm was identified with the proposed wording changes. The proposed changes were considered acceptable and would not result in a material change to the use of the building as student accommodation.

The application was recommended for approval as set out in the report.

The Committee noted a statement from ward member Councillor Debby Hallett in support of the application.

Members enquired why a 16-week duration was preferred to 10 weeks. The officer explained that research indicated 16 weeks was the minimum course length for postgraduate diplomas and other university courses. Therefore, 16 weeks was considered the minimum period necessary to cover such courses, ensuring that the accommodation met the definition of housing university students.

A motion, moved and seconded, to approve the amendments was carried on being put to the vote.

RESOLVED: to approve the amendment to schedule 10 of the s106 agreement to the following wording:

Restriction on Occupation

The Developer covenants with the District Council and the City Council:

For a period of at least 43 weeks per year, not to permit the Occupation of any units of Academic Residential Accommodation by any persons other than students of Further Education or Students of Higher Education attending academic institutions in the City of Oxford, the Vale of White Horse or South Oxfordshire District Council on a course of study of no less than 16 weeks duration, or employees including (but not limited to) interns and research assistants working or studying at academic institutions in the City of Oxford, the

Vale of White Horse or South Oxfordshire District Council.

And the following definitions shall apply:

Further Education - post-secondary education that is not Higher Education consisting of a formal course of study towards a qualification designed to lead to the award of an accredited certificate diploma or national vocational qualification (NVQ).”

Higher Education – means tertiary education leading to an academic degree including short-cycle, bachelor, master doctorial level or equivalent.

Student of Further Education – a person enrolled at a further education institution on a further education course.

Student of Higher Education – means a person enrolled at a higher education institution on a higher education course.

Councillor Haughton re-joined the meeting.