Agenda item

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

To provide an annual update on S106 agreements relating to the Hitchin Area

RESOLVED:

(1)          That the content of the report entitled Annual Report on S106 Obligations for Hitchin Committee be noted;

(2)          That the Development and Conservation Manager be requested to present a report regarding Section 106 contributions to the Hitchin Committee on an annual basis;

(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 Hitchin Committee be consulted prior to funding being allocated away from that area;

(4)          The it be noted that the discretionary funds are rapidly diminishing and will not be replaced under current legislation and practice, for reasons that are set out in the report entitled Annual Update on S106 Obligations for Hitchin Committee;

(5)          That the Community Engagement Team Leader be requested to maintain a “wish list” of projects for the Hitchin area that can be used for the negotiation of Section 106 contributions and that this list be reported in future Grant and Community Update reports;

(6)          That the Development and Conservation Manager be requested to investigate how large sums of Section 106 funding allocated to Hitchin was spent on the Hitchin Town Hall and District Museum and report the findings to all Members of this Committee.

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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 – 1 hour 51 minutes 6 seconds

The Development and Conservation Manager presented the report entitled

Annual Update on S106 Obligations for Hitchin Committee. He provided the following updates to his report:

·                Paragraph 15.1, Appendix 1, should be deleted;

·                Paragraph 15.2 should read Appendix 1;

·                Paragraph 11.1, Risk Implications, should  read ‘Cabinet in July 2013’.

The Development and Conservation Manager drew attention to the following:

·               Tables 1, 1a and  2 of the report;

·               The discretionary funds were diminishing;

·               Consideration was being given to changing the way that consultation was undertaken with Parish and Ward Councillors;

·               Cabinet would, in December 2019, consider a draft Supplementary Planning Document to update the business case for the introduction of a small sites Community Infrastructure Levy to start  in 2020;

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

·                Councillor Val Bryant;

·                Councillor Richard Thake;

·                Councillor Simon Harwood;

·                Councillor Ian Albert.

In response to questions, the Development and Conservation Manager advised:

·               Hertfordshire County Council were responsible for S106 contributions towards schools;

·               S106 was a long term document and it could take some time before money spent after funding was received;

·               The main purpose of s106 contributions was to mitigate a development and traffic regulations was a legitimate use of the funds;

·               There was a diminishing amount of money remaining in the discretionary funds;

·               Projects now had to be identified at the time the Section 106 agreement was negotiated.

Members expressed concern at the previous allocation of Section 106 funding for Hitchin to the Hitchin Town Hall and District Museum.

RESOLVED:

(1)       That the content of the report entitled Annual Report on S106 Obligations for Hitchin Committee be noted;

(2)       That the Development and Conservation Manager be requested to present a report regarding Section 106 contributions to the Hitchin Committee on an annual basis;

(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 Hitchin Committee be consulted prior to funding being allocated away from that area;

(4)       The it be noted that the discretionary funds are rapidly diminishing and will not be replaced under current legislation and practice, for reasons that are set out in the report entitled Annual Update on S106 Obligations for Hitchin Committee;

(5)       That the Community Engagement Team Leader be requested to maintain a “wish list” of projects for the Hitchin area that can be used for the negotiation of Section 106 contributions and that this list be reported in future Grant and Community Update reports;

(6)       That the Development and Conservation Manager be requested to investigate how large sums of Section 106 funding allocated to Hitchin was spent on the Hitchin Town Hall and District Museum and report the findings to all Members of this Committee.

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.