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Post Scrutiny- Executive Response
In Respect of : Review Section 106 Agreements
Date : August 2005
Cabinet Deputy : Councillor Alan Whitehead
| Recommendations | Executive Response | Officer Responsible | Action by (Date) |
|---|---|---|---|
| 10.1 That developer contributions be maximised for all building developments in Tameside in accordance with the open space and green space policies contained in the Unitary Development Plan, in order to provide support for the Council's Key Priority 'An Attractive Borough'. | Agreed. Two SPDs are scheduled to be produced: The Developer contributions SPD will set out the reasoned justification and method of calculating developer contributions across a range of facilities and services and will be linked to the Green space Strategy (SPD) which will develop the case requiring contributions to open space provision in particular. Both SPD's will be linked to saved UDP policies and provide support for the Council's Key Priority 'An Attractive Borough'. | Martin Watkins | March 2006 |
| 10.2 That best practice from other local authorities, in seeking developer contributions, be adopted and adapted for use in Tameside to the benefit of the Borough. | Agreed. Full account will be made to the practices of other authorities identified in the Scrutiny Panel report along with new national government guidance in Circular 5/05 ' Planning Obligations'. Ultimately the scheme for requiring developer contributions must be justified against local policy priorities and local circumstances that prevail in Tameside and, therefore, practices in other authorities that have equally been justified on local priorities can be used as a guide rather than a model for developing a scheme for Tameside. Furthermore, the aspiration for developer contributions in Tameside goes beyond open space provision. Examples of authorities which have successfully implemented a scheme for developer contributions across a range of facilities and services have not been identified to date. Tameside is likely to be pioneering this approach, therefore, great care needs to be taken to align the SPDs with government guidance and ensure that the buoyant housing market in Tameside is not suppressed by overly ambitious demands for contributions. |
Martin Watkins | March 2006 |
| 10.3 That a system of tariffs for Commuted Sum Payments, for housing developments, based on per person per dwelling, be introduced for developments of one property upwards | Contributions will be sought from housing developers on a proportional basis to apply to all sizes of housing developments apart from house extensions. The intent is to ensure all scales of housing development from one dwelling up pay a proportional contribution to ameliorate the impact on infrastructure which would occur as a result of the size of development proposed. | Neil Rodgers | March 2005 |
| 10.4 That Section 106 Agreements be applied only to retail, commercial and larger more complex housing developments that require conditions identifying site specific issues. | Agreed | Bob Tacey | October 2005 |
| 10.5 That local Ward Councillors be always consulted on the provision to be made under Section 106 Agreements where they are considered, due to local circumstances, to be the most appropriate means of achieving appropriate developer contributions. | Agreed | Bob Tacey | October 2005 |
| 10.6 That a hierarchy of open space accessibility, as detailed in the Office of the Deputy Prime Minister's Planning Policy Guidance No. 17, be included in a Supplementary Planning Document for the Tameside Unitary Development Plan, in order to contribute to the openness and transparency of planning guidance and justify the request for planning obligations. | Agreed. The Green space SPD will be fully compliant with PPG 17, Circular 5/05 and other government guidance. | Martin Watkins | March 2006 |
| 10.7 That comprehensive Supplementary Planning Guidance relating to developer contributions be produced and adopted as soon as possible and preferably before the proposed date of March 2006 | The timetable for the production of the Developer Contributions SPD and the Green space Strategy (SPD) were established in the Council's Local Development Scheme, which was adopted by Full Council in March 2005. This provides a degree of certainty to stakeholders and the community about what planning documents are to be produced and by when. SPDs are statutory documents and have to under go statutory stages before adoption. Considerable research and evidence base also needs to be gathered to support the documents. Combine these requirements with the need to comply with the Council's reporting procedures means that the adoption date of March 2006 for these two SPD's is already a considerable challenge | Neil Rodgers | March 2006 |
10.8 That Supplementary Planning Guidance referred to in Recommendation 7 above, be transparent, easy to understand and include:-
|
Agreed | Martin Watkins | March 2006 |
| 10.9 That an outline of the proposed requirements of any Section 106 Agreement be submitted to the Speakers Panel at the same time as the associated planning application | Agreed | Bob Tacey | October 2005 |
| 10.10 That consideration be given to the income received through Commuted Sum Payments, associated with planning applications being retained in a central budget for use throughout the Borough, with a proportion specifically allocated to District Assemblies, to enable them to improve the appearance of the Borough in their area | The governments new circular on Planning Obligations ( 5/05) provides for the pooling of resources where a number of developments create the need for infrastructure. The Council will need to set out in advance the need for this joint supporting infrastructure, the likely contributions required, the direct relationship between the development and the infrastructure and the fair and reasonable scale of contribution sought. The Circular makes it plain there is a need to have a clear audit trail between the contributions made and the infrastructure provided. It will be important, therefore, to ensure moneys provided for green space infrastructure are allocated for that purpose and this principle would equally have to be applied to contributions made for highway works, education facilities etc. However, the priority and timing of expenditure of these contributions on related infrastructure, on a borough wide basis, is a matter for the Executive Cabinet | Nigel Allen | April 2006 |
Page last updated: 19 June 2008
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