Agenda item

RESOLVED:

(1)  That Members note the content of this report.

(2)  That Members agree that a report or note shall continue to be presented on an annual basis to the Area Committee, which sets out full records of all Section 106 activity for the preceding financial year and which reflects changes in legislation and practice.

(3)  That, other than where a contribution has been negotiated for a specific purpose or project, Ward Members of the area where the Section 106 Obligation or Unilateral Undertaking funding generated and the Area Committee be consulted prior to funding being allocation away from that area. Members must note that the discretionary funds are rapidly diminishing and will not be replaced under current legislation and practice, for reasons that are set out in this report.

REASONS FOR DECISION:

(1)  To ensure that there is a robust system for negotiating and managing Section 106 Obligations and Unilateral Undertakings, that records activity for each financial year and is placed in the public domain.

(2)  To ensure that the process is kept under constant review and Member scrutiny and that the risk associated with this activity is managed in an appropriate manner.

Audio Recording – 68 minutes 35 seconds

The Planning Control and Conservation Manager presented the report entitled ‘Annual Update on S106 Obligations for Baldock and District Committee’ and gave a verbal presentation which included:

·         Bio Diversity Net Gain in planning was becoming more important, which was normally driven by Herts County Council. This was hoped to be link to some Council land where net gains could be made here to replace lost bio diversity in Section 106 sites, using the ecologists at County level.

·         Master Planning approach to big sites which would encompass all aspects and Council could take a lead in which they want developers to do.

·         When Local Plan has been passed, the Master Plan will become more relevant and this will form the basis of future annual reports from the Planning Control and Conservation Manager.

The following Members asked questions and took part in the debate:

·         Councillor Steve Jarvis

·         Councillor Tom Tyson

·         Councillor Michael Muir

In response to questions the Planning Control and Conservation Manager advised:

·         Developments over 100 dwellings would be on Master Plan, but those developments that do not meet this would need to be looked at. This was previously done with the support of the Community Engagement Team, but has now been moved across to consultation with Ward Councillors.

·         The Community Infrastructure Levy (CIL) was not preferred by the Council, as this would go into a central pot to be split across district, which was not ideal for a rural district.

·         CILs would require governance setting up in order to decide how the collected money would be spent.

·         These funds usually have to be spent within 7 years, but this does not apply to Unilateral Undertakings. There has only been £7000 of unspent Section 106 money sent back since 2006, which highlighted that this money is almost always spent.

Councillor Michael Muir proposed and Councillor Michael Weeks seconded and following a vote it was:

RESOLVED:

(1)  That Members note the content of this report.

(2)  That Members agree that a report or note shall continue to be presented on an annual basis to the Area Committee, which sets out full records of all Section 106 activity for the preceding financial year and which reflects changes in legislation and practice.

(3)  That, other than where a contribution has been negotiated for a specific purpose or project, Ward Members of the area where the Section 106 Obligation or Unilateral Undertaking funding generated and the Area Committee be consulted prior to funding being allocation away from that area. Members must note that the discretionary funds are rapidly diminishing and will not be replaced under current legislation and practice, for reasons that are set out in this report.

REASONS FOR DECISION:

(1)  To ensure that there is a robust system for negotiating and managing Section 106 Obligations and Unilateral Undertakings, that records activity for each financial year and is placed in the public domain.

(2)  To ensure that the process is kept under constant review and Member scrutiny and that the risk associated with this activity is managed in an appropriate manner.