A Section 106 (S106) agreement is a legally binding document under the Town & Country Planning Act 1990 between a local planning authority and a developer or landowner. It secures contributions to mitigate the impact of new developments on local infrastructure, such as providing affordable housing, schools, or public transport improvements.
Part of the Section 106 deal for the AL21 Land West of Windsor, which the developer is calling Windsor Arch, was a “Multi-functional community hub” and two slides were created by Wates, the original developer that showed, a village hall, stand-alone building on one slide, the other pic, a building, next to a pond and green space. A logical projection of the phrase into pictorial representations, which were discussed extensively with the local community at a series of meetings organised by Wates as part of getting community support for the development.
Wates sold to Vistry and they put in a planning application showing flats on top of the community building and parking spaces taking up what was grass area! Permission was granted on the application!! You can appreciate that things can get over looked by planning officers, the nuisance of the S106, when you are dealing with an application 24/00951/REM which has 491 documents. This really needs RBWM to have an officer who pays special attention to the S106 agreement to ensure the communities interests are looked after. In the same way you have Conservation or Environmental officers.
But it is OK, because as I understand it, the S106 agreement means the land is not technically theirs to build on. They are essentially holding it in trust until they give it, for £1, to a local community group.
In the same way, your neighbour can technically put in a planning application to build on your garden and it could be given “Planning Permission”, but they would then need to seek “Your Permission” as land owner to actually do the building work legally.
Vistry are seemingly trying to circumvent the current S106 agreement by giving the land to their chosen partner, which isn’t a local community group. Breaching the intention of the agreement by “stacking” the deck in their favour.
From a legal perspective, what the developers need to do now is write to the council asking for the S106 to be changed, a “Deed of Variation”.
And, as I see it, what we need to do is write to the lead officer at the planning department, copying in the lead member (Cllr) and express our concerns in this matter and that as members of the community we would like this deed of variation to be refused and the land given to a local community group, as originally agreed. I’d suggest Windsor Ascot Maidenhead Community Land Trust, who have the communities interests at heart and will ensure the land and building(s) are put to the best use for the communities benefit and not sold down the river.
Below is an email you can use or adapt and send to: adrien.waite@rbwm.gov.uk , cllr.bermange@rbwm.gov.uk and cc in admin@wamclt.org
Dear Adrien,
I understand that while planning permission for application 24/00951/REM has been granted, in order to build they will need to gain permission from the land owner. The S106 indicates that the land and building should be given to a local community group. In essence, the developer is holding the land in trust as this time, it is not “theirs”, it is part of what they are giving back to the community.
If the developer wishes to change the S106 then they will need a “Deed of Variation”, or other such legal vehicle, to change what was detailed in the current S106 agreement, the Tenth Schedule, The Community Building Provisions, which clearly states that the building and land should be gifted to a local community group.
I would like you to refuse any deed of variation relating to the community building and associated land on AL21, Windsor Arch and strongly recommend that Vistry name Windsor Ascot Maidenhead Community Land Trust as their chosen local community partner.
Thank you.
Let’s see if council will listen to the people.
Thank you.
Jon Davey
Community Champion
