Minutes:
Stephen Moralee, Development Control Manager, presented the submitted report, which outlined that Section 106 Agreements were a means of securing community benefits through the planning system. The report reviewed the benefits accrued by the Council and the measures it was taking to improve its policy and performance, by the production of new Affordable Housing and Section 106 agreements Interim Planning Statements and by implementing the action plan set out by a recent Internal Audit review.
Specific reference and detail was provided on:-
· Legislative Provisions.
· RMBC Policy.
· Financial Contributions Secured and Received.
· Other Section 106 Agreements.
· The Section 106 Process in RMBC/Internal Audit Report.
· Next Steps.
· Future Government Policy.
It was noted that the production of an adopted Interim Planning Statement for affordable housing and other matters, which were covered by Section 106 agreements, would result in enhanced levels of community benefits and commuted sums.
It was also proposed to introduce an administration charge as part of the new policy, which would help fund a Section 106 Monitoring Officer, thereby enhancing the service and benefits to the community.
Discussion and a question and answer session ensued and the following issues were raised and clarified:-
· Section 106 agreements and whether the obligations were fulfilled.
· Had any Section 106 agreement obligations been made late.
· Payment of commuted sums for affordable housing.
· Interim Planning Statements’ association with the Local Development Framework.
· Establishment and funding for a Section 106 Monitoring Officer.
· Administration charges associated with the new policy.
· Seeking of greater community benefits, with the inclusion of support and maintenance for green spaces.
· Further consultation on how development of the Interim Planning Statement could be employed.
· Local needs and local aspirations needed to be considered as part of Section 106 commuted sums as a co-ordinated approach.
· Missed opportunities in the Rotherham area over the past five years and the potential for more commuted sums for the next five to ten years.
· Potential for the payment of commuted sums up front rather than at the conclusion or midway through development.
· Concerns over progress with Section 106 agreements since the Base Budget Review.
· Consultation with the community feeding in to the Compact.
· Helping and supporting financial decision making resources of the Council.
· Review of the policy through a Performance Clinic in twelve months time.
In considering all the information it was suggested that the new policy include consultations with the community plans of the Area Assemblies and Parish Councils to help inform any negotiations taking place with developers in specific areas.
Resolved:- (1) That the contents of the report be welcomed and noted.
(2) That the action plan arising from the Internal Audit Report Section 106 Agreements/Commuted Sums be implemented and taken on board as part of the preparation of the Affordable Housing and Section 106 Agreements Interim Planning Statements (IPSs).
(3) That a further report be produced to CMT in February, 2008 setting out the types of contributions which could be sought in the future as part of the Section 106 Agreements IPS to establish a view on corporate priorities for contributions.