A HOUSING developer is trying to dodge a six-figure sum it has to pay for new community facilities in Minehead and Dunster.

Homes England secured permission in April, 2018, to build 71 homes on the southern side of the A39 Hopcott Road, in Minehead.

Stratton Land Ltd then acquired the site in June, 2019, and has been working on site to deliver the new homes.

The London-based developer signed a Section 106 legal agreement as a condition of planning approval to contribute £5,000 for each house it built - a total of £355,000.

The money was to be spent on new community facilities such as a sports hall or a youth centre.

However, Stratton Land has now said it wants to change the legal agreement, claiming the development was no longer viable because of rising costs.

The site is allocated within the Somerset West and Taunton Council’s (SWT) local plan, along with the two neighbouring plots on Hopcott Road.

Plans for 80 homes to the east, near Minehead Caravan and Motorhome Club campsite, were approved by the former West Somerset Council in September, 2016.

Permission for a further 60 homes to the west was then granted by SWT in September, 2021.

Under the S106 agreement Stratton Land’s site, the £355,000 for ‘providing, expanding, or improving community facilities’ in the Minehead and Dunster areas had to be paid in two tranches.

Half was due on or before the start of construction, and the rest before work had begun on the thirty-fifth property.

A spokesman for Alder King Planning Consultants, which is representing the developer, said: “In the time since the applicant acquired the site, the nature of the development on the site has evolved, which includes the scheme now being delivered as 100 per cent affordable housing.

“Pursuant to a number of factors, the costs associated with delivering the development have increased in the time since planning approval was granted at the site.

“Reasons for this include the costs associated with necessary on-site significant infrastructure and retaining structures.

“To this end, the secured obligation for the ‘community facilities contribution’ renders the development unviable.”

SWT Cllr Craig Palmer, whose Minehead central ward included the site, said the council should not agree any changes to the application.

Cllr Palmer said: “The developers should comply fully with the agreement that has been signed regarding this site.

“Section 106 agreements are there for specific reasons, including mitigation for the significant impact their development has on the immediate and wider vicinity.

“If the developers refuse to meet their Section 106 obligations, then they should stop development immediately, and return the site to its original condition.

“Developers should not be able to amend the Section 106 agreement after they have commenced work on the site.”

Fellow SWT ward Cllr Andy Hadley said: “My concern is that they are using the argument of supplying 100 per cent affordable homes to get out of the community fee of £5,000 for each home.

“I would object to any change to the Section 106 deed in this regard.”

Hopcott Road resident Christopher Durham said a better option would be to remove the obligation to deliver a new cycling route along the busy A39.

Mr Durham said: “It is at first sight hard to see how two payments of circa £175,000 affect the viability of a project of this size, but this may be a matter of cashflow.

“If the council was wanting to abate the developer’s financial obligations, a better option would be to abandon the proposed cyclepath alongside the footpath on the seaward side of Hopcott Road.

“Walking regularly up and down the present footpath has brought home how dangerous cycling might be for pedestrians there.”

SWT is considering the developer’s request and is expected to reach a decision by early next year.