Issue - meetings

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

This report and appendix provides Members of the Area Committees with the annual update on the details of the current Section 106 agreements and Unilateral Undertakings within the wards/parishes in the area as at the 20th February 2018. It also provides an update on the relevant legislation.

RESOLVED:

(1)       That the contents of the report be noted;

(2)       That a report continue to be presented on an annual basis to each of the Area Committees; and

(3)       That, other than where a contribution has been negotiated for a specific purpose or project, Ward Members of the area where Section 106 or Unilateral Undertaking funding is generated and the Area Committee be consulted prior to funding being allocated away from that area or from a village location to a town.

REASON FOR DECISION:  To ensure that there is a robust system for negotiating and managing Section 106 and Unilateral Undertakings.

The Development and Conservation Manager presented a report in respect of Section 106 and Unilateral Undertakings.

The Development and Conservation Manager advised that the National Planning Policy Framework (NPPF) contained three statutory tests that must be satisfied in order for planning obligations to be required:

·           Necessary to make the proposed development acceptable in planning terms;

·           Directly related to the proposed development; and

·           Fair and reasonable related in scale and kind to the proposed development.

The Development and Conservation Manager explained that the pooling limit introduced in April 2015 applied to any obligations completed after 2010.  From April 2015, in the determination of a planning application after this date the Local Planning Authority was not allowed to request Section 106 funding for an “infrastructure project” or “types of infrastructure” if more than 5 obligations since 6 April 2010 had already been committed to that project.

In relation to Baldock, the Development and Conservation Manager drew attention to the following Section 106 discretionary funds which remain to be allocated projects over the coming year:

Sustainable Transport: £7,188.32

Play Space: £21,010.36

Open Space: £17,546.50

Leisure: £34,106.00

Informal Open Space: £13,887.12

Community Centres: £22,499.80

The Development and Conservation Manager commented that, in terms of the discretionary funding element, the emphasis going forward would be on deciding whether any Section 106 funding would be used for at the beginning of the process, rather than nearer the end of the process.

In respect of the future proposed housing expansion north-east of Baldock, the Committee urged the Development and Conservation Manager to ensure that the Section 106 contributions relating to the expansion contained appropriate levels of funding to be earmarked for leisure/playing fields provision for the Baldock area.

It was noted that the appendix pages only related to Section 106 matters for Baldock and not the Arbury and Weston and Sandon Wards.  The Development and Conservation Manager apologised for this oversight and undertook to send the relevant Ward Members the details for the above Wards.

RESOLVED:

(1)          That the contents of the report be noted;

(2)          That a report continue to be presented on an annual basis to each of the Area Committees; and

(3)          That, other than where a contribution has been negotiated for a specific purpose or project, Ward Members of the area where Section 106 or Unilateral Undertaking funding is generated and the Area Committee be consulted prior to funding being allocated away from that area or from a village location to a town.

REASON FOR DECISION:  To ensure that there is a robust system for negotiating and managing Section 106 and Unilateral Undertakings.