Agenda item

REPORT OF THE PLANNING CONTROL AND CONSERVATION MANAGER

To provide the Hitchin Area Committee with an annual update on Section 106 Obligations in their area

RESOLVED:

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

(2)  That Members agree that a report 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 is generated and the Area Committee be consulted prior to funding being allocated 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 DECISIONS:

(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 – 118 minutes 35 seconds

Simon Ellis, Planning Control and Conservation Manager, presented the report entitled ‘Annual Update on Section 106 Obligations for Hitchin Committee’ and gave a verbal presentation to update the Committee, which included:

·         Infrastructure Funding Statements from December 2020 had been published detailed the Section 106 obligations in the district. The next statement would be published in December 2021.

·         Two new agreements in Hitchin had been agreed in the last year, relating to North Herts College and John Barker Place.

·         Would begin to look at bio-diversity net gain, where loss of diversity on sites would be offset at other council owned locations, and this would become more common as part of the Councils strategy.

·         Quite a lot of outstanding Affordable Housing and Health funding.

·         Not much to update as there have been very few developments of 10 or more agreed in the past year.

·         New approach would look to share details of funding requests with Herts County Council at an earlier stage.

·         Future reports will look at the Master Plan, negotiations and viability in the round, rather than reporting on diminishing funds.

The following Members asked questions:

·         Councillor Simon Harwood

·         Councillor Paul Clark

·         Councillor Mike Hughson

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

·         Green Space Management Strategy would be looked at with the Greenspace – Manager to ensure some joined up work in the Master Plan.

·         Information provided only applied to NHDC funding, whereas the funds from North Herts College was dealt with by Herts County Council.

In response to questions, Councillor Paul Clark advised that district discussions around an infrastructure levy were delayed as there was expectation that this would be done through a national scheme. However this had been delayed as details had to come from central government as expected.

Councillor Ian Albert, as Chair, proposed and Councillor Paul Clark seconded and, following a vote, it was:

RESOLVED:

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

(2)  That Members agree that a report 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 is generated and the Area Committee be consulted prior to funding being allocated 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 DECISIONS:

(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.