Agenda item

To receive the report of the Director of Regeneration and Environment providing an update on the monitoring of Section 106 Agreements (S106) and progress on Section 106 matters during the period 1 April 2016 to 30 September 2016.

(Report No.170)

RECEIVED the report of the Director of Regeneration and Environment providing an update on the monitoring of Section 106 Agreements (S106) and progress on S106 matters during the period 1 April 2016 to 30 September 2016.

1.    The Chair reported that a new system for Section 106 reporting is in progress which should be ready in 6 months’ time. Once all data including historic data has been entered onto the new system, reporting of extreme entries will be easier to report.

2.    A power point presentation by Isha Ahmed and Robert Davy (Principal Planning Officers) highlighting Section 106 key points under the following headings:

a.    Schemes Approaching Spend Deadline

b.    National Planning Policy Change – Small Sites Exemption

c.    S106 Spend Update (1 April 2016 – 30 September 2016.

3.    The S106 monitoring overview for the first half of the current financial year to 30 September 2016 highlights 276 individual S106 agreements containing approximately 970 heads of terms. Funds had been received for 144 of these agreements and projects are currently being delivered.

4.    Annex 1 (Pages 169 – 194) of the report, details the implementation of the 144 agreements, at the end of the monitoring period. An overview of the financial information contained in Annex 1 is detailed at Table 1 (Page 158) of the report. As detailed at Table 1, on the 30 September 2016, the total available balance of S106 monies was £9.1m. Approximately £1.5m was received in the first 6 months of 2016/17 in S106 financial contributions from schemes where planning permissions were implemented. From the £1.5m, only £34K had been drawn down by Council departments, which was not unusual.

5.    Table 2 (Page 160) of the report summarises the financial contributions that have been agreed and included in 132 S106 agreements. The table shows that £11.1m could be received by the Council if all of the relevant planning permissions are implemented. The figure of £11.1m is in addition to the total current balance contained in Table 1.

6.    Paragraph 3.6 (page 159) of the report highlights the three significant amounts received so far this monitoring year towards affordable housing and education.

7.    Section 106 receipts may reduce in the future following a recent high court ruling that Officers can no longer seek contributions for affordable housing & education from developments of 10 units or less where the maximum combined gross floor space is 1000 square metres or less.

8.    There is a meeting in January 2017, where the Community Infrastructure Levy (CIL) and S106 agreements will be discussed and a project board to be set up.

9.    Members debate and questions responded to by officers including the following:

a.    To step up efforts to spend S106 monies by Council departments.

b.    Many of the S106 agreements contain clauses requiring spending of the contributions within a 5 or 10 year time frame.

c.    Members requested the spend breakdown of S106 monies received for the Cat Hill development . Isha Ahmed (Principal Planning Officer) would provide this information to the committee administrator for circulation to members, in January 2017.

ACTION: Metin Halil (Committee Administrator)

d.    If any Members had any concerns with any of the S106 schemes, then they could contact Isha Ahmed/Robert Davy (Principal Planning Officers) for further information.

AGREED that Planning Committee noted the contents of this report and its Appended report.