A deal which will see £438,000 to go towards future issues with a flood defence wall in Shoreham has been approved by councillors.
On Monday, September 21, Adur District Council’s Planning Committee unanimously agreed to the recommendations of a report concerning the Salt Marsh Road development in Shoreham.
The decision follows a long running dispute over a financial contribution that developer Hyde was required to make under a Section 106 agreement.
The agreement would see a contribution linked to the cost of a flood defence wall along the river at the front of the complex.
The Salt Marsh Road development, formerly known as Ropetackle North, is a mixed-use scheme in Shoreham. Outline planning permission was granted in 2015 for up to 120 homes, an hotel, offices, retail units and a café, alongside infrastructure including the flood defence wall.
The council said the dispute had been complicated due to the fact the original S106 agreement had been drafted before it was known who would construct the wall or who the final developer of the site would be. The council had previously estimated the cost of the wall at £729,000.
Based on the council’s financial calculations, the total contribution would have been about £1.1million. Hyde disputed the cost of the wall and the amount it was required to pay.
Hyde’s latest offer was for a contribution of £438,000. The company described this as ‘the maximum figure we are proposing, in full and final settlement of the obligation’ under the S106 agreement.
Officers recommended accepting the offer and changing the existing agreement through a Deed of Variation.
The money will be held by the council and earmarked for issues relating to the wall, drainage and flood management at the site.
A survey carried out earlier this year found the flood defence wall appeared to be in ‘generally satisfactory condition’, although it recommended some localised maintenance.
The agreement will also require an annual review of the river wall, rather than every five years, with the development’s owner responsible for maintaining it.
The report said the council’s priority in resolving the matter was to agree on who would hold the money and how it would be managed, rather than continuing negotiations over the amount.
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