Track this application
| Application Number 25/00535/M106 |
Application Type Application to Modify a Section 106 |
| Status Under Consultation |
Decision Level Delegated |
| Location Land To The Rear Of No.12 And South Of Dismantled Railway
Heath Close
Milcombe |
|
| Proposal Deed of Variation to amend the s106 for 22/02104/F
- To amend the MIP clause to ensure my client can charge the AH units at MVST.
- To insert an enforceability clause which excludes liability from the RP and RP Mortgagee in respect of the non-AH obligations.
- To insert an express clause confirming that the rents on AR units can be increased by CPI + 1% per annum
- To remove reference to HTB Agent as this is no longer in existence.
- To insert a clause confirming that the AH obligations will not be binding on tenants who have exercised a preserved right to buy.
- To amend the words “the provisions of paragraph 2 shall not bind” at Paragraph 3 (mortgage exemption) so that the protected parties are wholly excluded from the AH Schedule, as opposed to just Paragraph 3.
- To change 3 First Homes units to Shared Ownership units
- To remove the obligation for 1 of the AR units to be M4(3) to align with the planning permission |
|
| Parish Milcombe |
Ward Deddington |
| Received Date 03/03/2025 |
Valid Date 03/03/2025 |
| Weekly List Date 06/03/2025 |
Comments Due Date |
| Target Decision Date 28/04/2025 |
Committee Date |
| Decision |
Decision Issued Date |
| Appeal Received Date |
Appeal Start Date |
| Appeal Decision |
Appeal Decision Date |
| Applicant SOHA |
| Applicant's Address C/o Agent |
|
Agent
Capsticks
|
|
Agents's Address |
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Neighbour List
| No associated neighbours |
Consultee List
| Name | Address | Consult Date | Reply Due | Reply Received | Type |
|---|---|---|---|---|---|
| NameLegal Services (CDC) - | AddressLegal Services Cherwell District Council 39 Castle Quay Banbury OX16 5FD | Consult Date19/11/2025 | Reply Due10/12/2025 | Reply Received | TypeStandard Consultee |
| NameStrategic Housing (CDC) - | AddressStrategic Housing Officer Cherwell District Council 39 Castle Quay Banbury OX16 5FD | Consult Date19/11/2025 | Reply Due10/12/2025 | Reply Received | TypeStandard Consultee |
| No Public Notices |
To view individual documents, click on the highlighted document title. To download a selection of individual documents, place a tick alongside each of the relevant rows and then click on Download selected files. To download all the documents, place a tick in the box alongside the header row and all the files will be selected, then click on Download selected files.
| Document Type | Date | Description | File Size | Drawing/Rev Number | |
|---|---|---|---|---|---|
| Application Forms | |||||
| Application Documents | 03/03/2025 | Completed Agreement 8 Nov 2023 | (25455kb) | - | |
| Application Forms | |||||
|---|---|---|---|---|---|
| Application Documents (25455kb) - Completed Agreement 8 Nov 2023 |
| Addresses |
|---|
| Land To The Rear Of No.12 And South Of Dismantled Railway Heath Close Milcombe |
Planning Applications | ||||||
| Application number | Valid Date | Application Type | Location | Proposal | Decision | Decision Issued Date |
|---|---|---|---|---|---|---|
| 22/02104/F | 01/08/2022 | Full Development | Land To The Rear Of No.12 And South Of Dismantled Railway Heath Close Milcombe OX15 4RZ | Erection of 35 two storey dwelling houses, construction of access off Rye Hill, together with garaging, parking, open space with LAP, landscaping and all enabling works | Appeal Allowed (Against Refusal) | 19/06/2023 |
| 24/01325/DISC | 15/05/2024 | Discharge Of Conditions | Land To The Rear Of No.12 And South Of Dismantled Railway Heath Close Milcombe | Discharge of Conditions 3 (proposed parking provision), 4 (Construction Method Statement), 5 (Construction Traffic Management Plan), 6 (Arboricultural Method Statement), 8 (open space/play space), 10 (great crested newt compensation), 11 (Archaeological Written Scheme of Investigation), 13 (potential contaminative uses) and 26 (drainage phasing plan) of 22/02104/F (allowed on appeal ref: APP/C3105/W/23/3325113) | Permitted | 10/12/2024 |
| 25/00535/M106 | 03/03/2025 | Application to Modify a Section 106 | Land To The Rear Of No.12 And South Of Dismantled Railway Heath Close Milcombe | Deed of Variation to amend the s106 for 22/02104/F - To amend the MIP clause to ensure my client can charge the AH units at MVST. - To insert an enforceability clause which excludes liability from the RP and RP Mortgagee in respect of the non-AH obligations. - To insert an express clause confirming that the rents on AR units can be increased by CPI + 1% per annum - To remove reference to HTB Agent as this is no longer in existence. - To insert a clause confirming that the AH obligations will not be binding on tenants who have exercised a preserved right to buy. - To amend the words “the provisions of paragraph 2 shall not bind” at Paragraph 3 (mortgage exemption) so that the protected parties are wholly excluded from the AH Schedule, as opposed to just Paragraph 3. - To change 3 First Homes units to Shared Ownership units - To remove the obligation for 1 of the AR units to be M4(3) to align with the planning permission | ||
| 25/00728/M106 | 20/03/2025 | Application to Modify a Section 106 | Land To The Rear Of No.12 And South Of Dismantled Railway Heath Close Milcombe | Deed of Variation to amend S106 Second Schedule of 22/02104/F - the removal of first homes, to be replaced with shared ownership homes | Application Withdrawn | 23/07/2025 |
| 25/01508/M106 | 02/07/2025 | Application to Modify a Section 106 | Land To The Rear Of No.12 And South Of Dismantled Railway Heath Close Milcombe | Modification of Section 106: - To amend the MIP clause to ensure my client can charge the AH units at MVST - To insert an enforceability clause which excludes liability from the RP and RP Mortgagee in respect of the non-AH obligations - To insert an express clause confirming that the rents on AR units can be increased by CPI + 1% per annum - To remove reference to HTB Agent as this is no longer in existence - To insert a clause confirming that the AH obligations will not be binding on tenants who have exercised a preserved right to buy - To amend the words “the provisions of paragraph 2 shall not bind” at Paragraph 3 (mortgage exemption) so that the protected parties are wholly excluded from the AH Schedule, as opposed to just Paragraph 3. 22/02104/F APP/C3105/W/23/3325113 | Application Withdrawn | 22/05/2026 |
| 25/02270/DISC | 02/09/2025 | Discharge Of Conditions | Land To The Rear Of No.12 And South Of Dismantled Railway Heath Close Milcombe | Discharge of Condition 12 (Archaeology) of 22/02104/F | Permitted | 28/10/2025 |
| 25/02822/DISC | 27/10/2025 | Discharge Of Conditions | Land To The Rear Of No.12 And South Of Dismantled Railway Heath Close Milcombe | Discharge of Conditions 18 (stone sample panel), 19 (brick sample panel) and 20 (samples of slates and tiles) of 22/02104/F | Permitted | 14/05/2026 |
| 26/00572/DISC | 04/03/2026 | Discharge Of Conditions | Land To The Rear Of No.12 And South Of Dismantled Railway Heath Close Milcombe | Discharge of Conditions 7 (tree protection site meeting), 14 (contamination), 21 (noise levels), 22 (boundary treatments), 23 (external lighting design), 24 (LEMP), 28 (landscaping scheme), 30 (LMMP) and 31 (bike stores) of 22/02104/F | ||
Appeal Applications | ||||||
| Appeal number | Appeal Start Date | Appeal Type | Location | Proposal | Decision | |
|---|---|---|---|---|---|---|
| 23/00088/REF | 08/08/2023 | Appeal against Refusal | Land To The Rear Of No.12 And South Of Dismantled Railway Heath Close Milcombe OX15 4RZ | Erection of 35 two storey dwelling houses, construction of access off Rye Hill, together with garaging, parking, open space with LAP, landscaping and all enabling works | Appeal Allowed | |