Issue - meetings

To consider a report by the Overview and Scrutiny Panel (Service Support)

Agreed that a guidance note be prepared and drawn to the attention of Members to illustrate how they can comment on applications and the potential heads of terms for Section 106 Agreements by reference to the weekly  planning list notification;

Requested that clear guidance be given to town and parish councils on how to comment on the potential content of agreements for development in their areas as part of the normal consultation arrangements and speaking at Development Management Panel meetings;

Requested that Parish Councils be advised of the introduction of a marker on the planning weekly list and reminded to review these on a regular basis with a view to making comments on the potential heads of terms of Section 106 Agreements in their areas;

Agreed that copies of the quarterly report prepared by the People, Performance and Partnership Division detailing income and expenditure from Section 106 money be provided to all Members and suggested changes to the content of the report implemented at the earliest opportunity;

Agreed to expand the remit and terms of reference of the Section 106 Advisory Group to include monitoring of agreements and that meetings be  convened on a more regular basis with dates reserved in the Council's calendar one week prior to each Development Management Panel;

Agreed that copies of the monitoring report be submitted to the Section 106 Advisory Group on a quarterly basis and also to the Development Management Panel with any comments from the Advisory Group;

Award responsibility for ensuring the effectiveness of processes for securing payments and the expenditure of receipts under Section 106 Agreements to the Executive Councillor for Finance and the Environment with individual Executive Councillors remaining accountable for the delivery of benefits and projects relevant to their portfolios; and

Invited the S106 Working Group to consider the likely effects of the introduction of the Community Infrastructure Levy and make recommendations on processes to implement the system.

(Councillor D Harty, Member of the Section 106 Working Group, was in attendance and spoke on this item)

A report by the Overview and Scrutiny Panel (Service Support) was submitted (a copy of which is appended in the Minute Book) which summarised the findings of a study by the Panel regarding the current Section 106 agreement mechanism from the negotiation of agreements to the expenditure of money received. 

Executive Councillors were acquainted with the key findings of the Group in relation to the negotiation of agreements, member notification, the role of town and parish councils, arrangements for monitoring the receipt of funds and their expenditure and the undertaking of enforcement action.  In so doing, Members’ attention was drawn to the potential impact of the proposed Community Infrastructure Levy and variable infrastructure tariff which were expected to be implemented in the near future. Members were advised that the introduction of the levy would empower local authorities to place a new charge upon most types of development in their area.  The proceeds of the levy would be spent on local and sub regional infrastructure to offset the impact of the development on a local area.  Having noted also the introduction in April 2008 of new legislation which enables the local planning authority to require draft heads of terms for S106 Agreement to be submitted as part of the application validation process, usually for larger developments, it was

RESOLVED

  (a)  that a guidance note be prepared and drawn to the attention of Members to illustrate how they can comment on applications and the potential heads of terms for Section 106 Agreements by reference to the weekly  planning list notification;

  (b)  that clear guidance be given to town and parish councils on how to comment on the potential content of agreements for development in their areas as part of the normal consultation arrangements and speaking at Development Management Panel meetings;

  (c)  that Parish Councils be advised of the introduction of a marker on the planning weekly list and reminded to review these on a regular basis with a view to making comments on the potential heads of terms of Section 106 Agreements in their areas;

  (d)  that copies of the quarterly report prepared by the People, Performance and Partnership Division detailing income and expenditure from Section 106 money be provided to all Members and suggested changes to the content of the report implemented at the earliest opportunity;

(e)  that the remit and terms of reference of the Section 106 Advisory Group be expanded to include monitoring of agreements and meetings convened on a more regular basis with dates reserved in the Council's calendar one week prior to each Development Management Panel as set out in the terms of reference appended at Appendix D to the report;

(f)  that copies of the monitoring report be submitted to the Section 106 Advisory Group on a quarterly basis and also to the Development Management Panel with any comments from the Advisory Group;

(g)  that the Executive  ...  view the full minutes text for item 133

To consider the report of the Section 106 Working Group.

Further to Minute No. 08/81, Councillor D Harty introduced a report (a copy of which is appended in the Minute Book) by the Section 106 Working Group which had been established to investigate the Section 106 process adopted by the Council.

In considering the Members’ report, attention was drawn to the key issues that the Group had addressed and its recommendations for change.  At the invitation of the Chairman, Councillor P L E Bucknell, as the Executive Councillor for Planning and Transportation welcomed the report and expressed his support for the proposal that future monitoring of Section 106 receipts would be undertaken by the Section 106 Advisory Group.  In response to a suggestion that the District Council should collect and allocate money to partner organisations, the Head of Planning Services explained that this would require a fundamental change in procedure and introduce unnecessary complications to the present arrangements.

Arising from a question as to whether lessons from the review could be shared with the County Council, it was agreed that Councillors Harty and Downes should deal with this informally with relevant County officers.

Having regard to comments made by Panel Members and a number of minor amendments suggested by the Head of Planning Services, it was

RESOLVED

(i)  that the Panels’ appreciation be expressed to the

  Members of the Working Group for the extensive

  nature of their review;

(ii)  that subject to a number of minor changes, the

  Working Group’s report and recommendations

  be endorsed for submission to the Cabinet; and

(iii)  that Councillor D Harty be requested to present

  the report to the next meeting of the Cabinet.