Agenda item

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Annual update of S106 activity for Royston and District.

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 – 5 minutes 15 seconds

The Development and Conservation Manager presented the report entitled ‘Section 106 Obligations for Royston and District Area’ and advised:

·         The first Infrastructure Funding Statement was published in December 2020, with another to be published in December 2021.

·         At the Cabinet meeting in March 2021 it was agreed not to pursue Community Infrastructure Levy’s (CILs) as these were seem as too complex, not suitable for the rural nature of North Herts and uncertainty around the process.

·         A Master Plan would be developed to help to shape developers ideas rather than reacting to plans.

·         In Royston a large number of plans are already in action.

·         Remaining Section 106 funds are generally for Community Open Spaces and Health. The surrounding villages also have small sums remaining.

·         Future reports from the Development and Conservation Manager would be presented as an overview of the Master Plan, rather than focus on decreasing funds.  

The following Members asked questions:

·         Councillor Tony Hunter

·         Councillor Gerald Morris

·         Councillor Sarah Dingley

·         Councillor Adam Compton

·         County Councillor Fiona Hill

In response to questions the Development and Conservation Manager advised:

·         The ‘Live to be Allocated’ funds were available for use, but must be spent on the area and topic the funds were received for – not always a demand for these.

·         Money for Health can only go to the NHS and often there are difficulties in ensuring this money is used, as the time and space is bot available across the NHS to support this.

·         Section 106 funds cannot be spent on salaries or ongoing costs.

·         Have previously looked at using the money on a digitalisation programme for patient records.

·         Interest raised from these funds is used as revenue by the Council and is spent across the district.

·         The monitoring of funds close to expiry is managed by Officers at NHDC and ensure that money available is spent and does not have to be returned.

·         Confirmed that the agreement for Health funding at the Newmarket Road, Royston site has been sufficiently negotiated that should the Royston Health Centre move, close or merge services, the funds available could be spent at another location or on other healthcare needs.

·         The Council can request a variation of funds.

Councillor Tony Hunter, as Chair, proposed and Councillor Sarah Dingley 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.