Agenda item

ANNUAL UPDATE ON SECTION 106 OBLIGATIONS FOR LETCHWORTH COMMITTEE

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

 

To update Members of the Letchworth Committee of S106 activity within the last financial year.

Decision:

RESOLVED:

 

(1)       That the content of the report entitled Annual Update on S106 Obligations for Letchworth be noted;

 

(2)       That a report shall continue to be presented on Section 106 contributions to the Letchworth Committee on an annual basis; and

 

(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.

 

REASONS FOR RECOMMENDATION:

 

(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.

Minutes:

Audio Recording – Start of Item – 1 Hour 14 Minutes 9 Seconds

 

The Development and Conservation Manager presented his report entitled Annual Update on Section 106 Obligations for Letchworth and provided the following information:

 

The Development and Conservation Manager explained that unlike previous reports, the format of the information presented had been changed to more accurately reflect the diminishing role of discretionary Section 106 funds, and the changing restrictions around the collection and distribution of funds.

 

The Development and Conservation Manager drew Members’ attention to table 1 on page 61 within the report - Summary of Financial Information for the last financial year.  In Letchworth, no new legal agreements had been signed, which had illustrated that S106 Unilateral Undertakings and Legal Agreements were becoming less frequent as they could only apply to planning permissions of 11 dwellings or more.  Table 2 was also highlighted in respect of unspent allocated funds, drawing attention to the affordable housing development of 47 flats in Leys Square.  The trigger point of spending would be on first occupation of those dwellings.  The Development and Conservation Manager reported that NHDC had an extremely efficient monitoring system for all on-going developments within the area.

 

The Development and Conservation Manager introduced the new Transport Officer, Daniel Washington, to the Committee and explained that he would be looking at ways in which the sustainable contributions element of the discretionary funding could be used.  The new Transport Officer would also co-ordinate meetings with Hertfordshire County Council to assist in the process. 

 

The Transport Officer informed the Committee of some of the already processed, new applications, and stated that he was looking for other schemes that required spending.  He stated that a pilot scheme had commenced in Royston, however, he invited Members to make contact with any opportunities or ideas that they may have.

 

The Transport Officer stated that he had set himself a target which was to have all monies allocated or spent by the end of 2020.

 

The Development and Conservation Manager further reported:

 

·                That at the next meeting in December 2019, Members of Cabinet would receive a draft planning obligations document that would replace the 2006 document.

 

·                That after the Cabinet meeting in December 2019, a business case for a Small Sites Infrastructure Levy would be investigated.

 

·                That the report set out the current position with respect to changing legislation, how future planning policy would perhaps reflect that, and outlined progress of a revised strategy to seek wider community and Ward Member involvement in identifying relevant projects.

 

The following Members asked questions and contributed to discussion:

 

Councillor Daniel Allen;

Councillor Gary Grindal;

Councillor Helen Oliver;

Councillor Ian Mantle; and

Councillor Mike Rice

 

The Conservation and Development Manager explained that with regard to S106 funding to a Community Centre, this was not restricted to new centres, the definition had been stretched slightly to mean anything that improves the capacity and use of a facility. 

 

It was confirmed by The Conservation and Development Manager that there was no Pitch Sport Funding available left to spend in Letchworth, however, The Community Engagement Team Leader explained that with respect to a specific surface replacement requirement, an application for grant funding would be encouraged at the next Letchworth Committee Meeting.

 

The Conservation and Development Manager answered further questions as they arose.

 

RESOLVED:

 

(1)       That the content of the report entitled Annual Update on S106 Obligations for Letchworth be noted;

 

(2)       That a report shall continue to be presented on Section 106 contributions to the Letchworth Committee on an annual basis; and

 

(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.

 

REASONS FOR RECOMMENDATION:

 

(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.

Supporting documents: