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Follow Up Review of Section 106 Agreements - Executive Response

Home -> Council and democracy -> Councillors, democracy and elections -> Elected members - minutes, agendas and reports
 

Post Scrutiny- Executive Response

In Respect of : Follow-Up Review of Section 106 Agreements

Date : January 2009

Cabinet Deputy : Councillor Alan Whitehead

Recommendations Accepted/ Rejected Executive Response Officer Responsible Action by
(Date)
9.1 That the council continues to support the retention of open and green space in the borough, and that appropriate developer contributions for this element be applied when new developments are considered for planning permission. Agreed Continue existing policy N/A   
9.2 That for all new housing developments, occupation of the first house be permitted only when the appropriate developer contribution has been paid. N/A Under the terms of the new policy, payments are made when development commences. This means that payments are made well before the first house is occupied. N/A  
9.3 That the amount payable for the developers contribution is index linked to the retail prices index or another appropriate official index such as the Royal Institute of Chartered Surveyors building costs index to ensure that the amount paid for the developers contribution stays the same “in real terms”. Agreed The policy envisages that the amounts payable will be index linked. Officers will be instructed to amend the charges to reflect this at the appropriate time. Nigel Allen/Martin Watkins 1st March 2009
9.4 That the sums detailed in Appendix G (Legal, Administrative and Monitoring Charges) of the council’s Supplementary Planning Document be reviewed periodically, to ensure they are not reduced in real terms by the effects of inflation. Agreed The policy envisages that the administrative and monetary charges will be index linked. Officers will be instructed to amend the charges to reflect this at the appropriate time. Nigel Allen/Martin Watkin 1st March 2009
9.5 That pre-application discussions between the local planning authority. local elected representatives and the developer be encouraged wherever possible. Agreed The Council’s Statement of Community Involvement ‘encourages those submitting planning applications for significant development to contact local Councillors and Officers at an early stage in order to consider whether pre-submission consultation is necessary, and if so to what extent’ (para 5.8). Developers of major schemes are increasingly carrying out consultation with local Councillors and neighbours before finalising and submitting their schemes. Bob Tacey Ongoing
9.6 That a system be introduced to enable local elected representatives to be involved in the discussions for the provision of local schemes to be funded from developer contributions which are located in the vicinity of the new development. Agreed As the Borough Treasurer points out, the Strategic Capital Group agreed, on 4th September 2008, a procedure which includes consultation with local Ward Councillors in the determination of how the contributions are allocated. N/A  
9.7 That as a matter of urgency, the Supplementary Planning Document be reviewed with a view to the document being revised to include nursing homes in the scheme for developer contributions. To be reviewed Revision of the policy to apply charges to include nursing homes in the scheme for developer contributions would be a material change to the policy. As such the policy would need to be formally amended. This review would need to be incorporated in the Local Development Scheme and the policy would require re-drafting and consultation with interested parties before it could be adopted. We would need to consult GONW before making this change. There would be benefits in making this change and other amendments to the policy. However, it may well be that GONW would be resistant to such a move. They may feel that it diverts staff resources from the preparation of the Council’s Core Strategy, that it may pre-empt the pending introduction of the Community Infrastructure Levy, and that its timing, in the current recession may not be appropriate. Officers will be instructed to seek the view of GONW on this suggestion. It should also be noted that these type of developments are not expected in the future. Our services for Adults has a strategy for maintaining independence within people’s existing homes and demand for these types of schemes is therefore declining year on year until 2015 when demographic changes suggest a slight increase in demand for provision. Huw Davies/Nigel Allen June 2009

9.8 That regular updates be submitted to appropriate local elected representatives and the Speakers Panel detailing:-

  1. How much money has been received periodically from all developer contributions, indicating whether payment has been made by means of a Voluntary Contribution, Section 106 Agreement or Unilateral Undertaking;
  2. How much of the funding received, has been spent;
  3. For what purposes the funding has been spent.
 Agreed Monitoring reports on receipts and spending will be prepared by the Regulatory Services Manager with the Borough Treasurer and officers in the relevant spending departments. The reports will be submitted every half year to the Strategic Capital Group and Speakers Panel (Planning).
 Bob Tacey June 2009
Page last updated: 21 July 2009
Tameside MBC