Property developer's bid to get out of paying £35k education contributions has been foiled

Plans to knock down the derelict Engedi Chapel in Brymbo were approved last year and it was determined that the developers should pay £35,000 in section 106 contributions to education in the area.

But they claimed the fee would make the project financially unsustainable and asked Wrexham Council’s planning committee to waive the contribution.

The committee met at the Guildhall on Monday and turned down the application.

Fears were raised it would set a dangerous precedent in allowing developers to wriggle out of agreed section 106 contributions.

Planning control manager David Williams told members the profit margins for the project were extremely low even before Section 106 contributions were taken into consideration.

He added: “Education are prepared to follow our advice and waive the fee on this occasion.

“There is a substantial cost involved in demolishing the existing building and if this request is not accepted, there is a significant danger the site will sit there and deteriorate in what is a prominent position in the middle of Brymbo.”

Brymbo councillor Paul Rogers called on committee members to refuse the application.

He said: “We are in a difficult situation with this site because the chapel has been empty for years and it is an eyesore in the village.

“I can’t accept the developer getting away without paying Section 106 contributions – it would be a step too far.

“It concerns me we could end up in a situation where the education department cherry picks which developers have to contribute.”

Cllrs Paul Pemberton and Rob Walsh said allowing the developers not to pay the agreed fee would be a risky move.

Cllr Walsh said: “This would set a dangerous precedent for other applications. One of the key issues for people whenever a large application goes in is how are the schools going to cope.

“Supporting this would send out the wrong message.”

Last year Wrexham Council’s planning committee considered an application to demolish the former Engedi Chapel in High Street, Brymbo and replace it with nine apartments.

The committee visited the site in October, following which councillors granted permission subject to the signing of a Section 106 agreement which would require contributions towards a shortfall in education infrastructure provision.

A report before the committee stated: “In the intervening period the applicant has approached the council concerned that the requirement for such a contribution will render the scheme financially unviable.

“A financial viability assessment has been provided by a suitably qualified chartered surveyor.”

According to the assessment the profit for the development would be £61,651 – but the education funds would account for more than half of that with a contribution of £35,000 requested by the council.

When the proposals were discussed by the planning committee last year concerns were raised about the number of parking spaces, poor visibility issues, and the impact on traffic.

Members voted to turn down the application. Permission remains in place for the development but if it goes ahead, the Section 106 contributions would need to be paid as originally agreed.