Purpose

Under Part 2 and Schedule 1 of
the Housing (Right to Enfranchise) (Designated Protected Areas)
(England) Order 2009, certain parishes of the district are classed
as Designated Protected Areas (DPA). The designation of a DPA
impacts the lease agreement of shared ownership properties as it
would either restrict staircasing to 80% of the overall property
value, or if the lease allows staircasing to exceed 80%, it places
an obligation on the leaseholder to sell their property back to
their RP landlord. 
 
As DPA rules make it more
difficult to sell shared ownership homes and can reduce their
financial viability, Homes England recognises that these
restrictions are not always necessary.   Therefore, if a local authority or
registered provider can show that retaining shared ownership stock
is not a local concern, Homes England is willing to consider
requests to waive the usual DPA conditions attached to grant
funding.
 
This report outlines the
negative impact of the DPA on the RP and prospective shared
ownership owners and recommends that we submit an application to
Home England to waive the conditions that apply to land within the
DPA of The Lakes development, Curborough 22/00040/REMM Land North
East of Watery Lane, Curborough, Lichfield.

Decision

The Cabinet Member for Housing and Local Plan
approved that an application for a waiver of the Designated
Protected Area is submitted to Homes England for the new shared
ownership properties being built at The Lakes development in
Curborough.
 
The Cabinet Member delegated authority to the
Policy and Strategy Manager, in consultation with the Cabinet
Member to submit the application to waive the DPA to Homes
England.