Report to: Planning Committee Date of Meeting: 13 th August 2014

Subject: Town and Country Planning Act S106 Allocation Report for the following wards;

Church Ward Ward Ward Ward

Report of: Head of Planning Services

Wards Affected: See above

Is this a Key Decision? No

Is it included in the Forward Plan? No

Exempt/Confidential No

Purpose/Summary To advise members of recommendations of where to spend S106 commuted sums collected in connection with Unitary Development Plan Policies DQ3 and DQ4 for tree planting and greenspace. This report relates to the , Harington, Sudell, Park and St Oswalds Wards.

Recommendation(s)

1. Members approve the recommendations set out in the report and agree that the commuted sums referred to be passed to Landscape Services for implementation.

How does the decision contribute to the Council’s Corporate Objectives?

Corporate Objective Positive Neutral Negative Impact Impact Impact 1 Creating a Learning Community √ 2 Jobs and Prosperity √ 3 Environmental Sustainability √ 4 Health and Well-Being √ 5 Children and Young People √ 6 Creating Safe Communities √ 7 Creating Inclusive Communities √ 8 Improving the Quality of Council √ Services and Strengthening Local Democracy

Reasons for the Recommendation:

To allow the commuted sum collected in accordance with signed S106 legal agreements to be spent in accordance with any restricting clauses of time and nature of spend.

What will it cost and how will it be financed?

(A) Revenue Costs

The costs associated with any decisions made as a result of this report will be met from Section 106 contributions that have already been paid to the Council. These monies are not revenue budgets– they are financial contributions secured through planning decisions, via legal agreement, to be used for specific purposes to mitigate impacts of developments where planning permission has been granted.

(B) Capital Costs

None

Implications:

The following implications of this proposal have been considered and where there are specific implications, these are set out below:

Legal

The financial contributions provided for in Section 106 agreements must be used for the purposes which are set out in those agreements. (previous LD1407 comments) Human Resources

N/A

Equality 1. No Equality Implication √ 2. Equality Implications identified and mitigated

3. Equality Implication identified and risk remains

Impact on Service Delivery: None

What consultations have taken place on the proposals and when?

The Head of Corporate Finance & ICT (FD3089/14) has been consulted and her comments have been incorporated into the report.

The Head of Corporate Legal Services has been consulted and has no comments on the report (LD2393/14)

Are there any other options available for consideration?

No

Implementation Date for the Decision

Imediately after Planning Committee

Contact Officer: Mandy Biagetti Tel: 0151 934 4313 Email: [email protected]

Background Papers: None

Introduction

This report sets out the current position with regard to contributions received and seeks Planning Committee’s approval of the proposed scheme comittments as set out below.

Ward members were invited to meet with officers from Planning and Landscape Services to discuss recommendations of where to allocate greenspace monies and locations to carry out tree planting. The recommendation set out in the tables below are with the agreement of the ward members and this process is still ongoing until all wards are complete.

The recommendations in the final columns of the table below have been developed following consultation with the ward Councillors and senior officers in Landscape Services. It has also been agreed that a site visit will also be necessary with ward members and Landscape officers to agree the best locations for new tree planting within the ward.

Church Ward

The table below lists the current available commuted sums for Trees and Greenspace in the Church ward area.

S106 Relevant Trees Recommenda Greenspace Recommend Church planning tion ation Ward permissions

S/2012/04 Merlin Animal n/a £50,477.04 Potters Barn 13 Foodstore, Peel Port, £48,470.00 Glenwyllin Rd entrance to RImose Valley Total £98,947.04

Park Ward

The table below lists the current available commuted sums for Trees and Greenspace in the Park Ward area.

S106 Relevant TREES RECOMMEN GREENSPA RECOMMEN Park planning DATION CE DATION Ward permissions S/2006/00 Works at £2,969.00 Grass verge n/a n/a 75 Sefton Lane along Industrial Rd Estate Total £2,969.00

Harington Ward The table below lists the current available commuted sums for Trees and Greenspace in the Harington Ward area.

S106 Relevant TREES RECOMMEN GREENSPA RECOMMEN Haringto planning DATION CE DATION n Ward permissio ns N/2006/04 £20,977.16 St Annes Rd, 19 Hall Golf Trap Hill, Club, Argameols Southport Rd, Harington Road Rd N/2007/11 21 Halsall n/a n/a £10,074.75 £5,000.00 17 Lane Lifeboat Road Beach

£4,074.75 Duke Street Park

£1,000.00 Rd rec, Barkfield Lane play are and open space, Jubilee/Queen s Rd, Foster Rd

N/2007/09 Former £4001.40 Andrews £1,828.75 Cambridge 04 Kirklake Lane, Ward Road rec, Service Ave, Halsall Barkfield Lane Station, 2 Lane, play area and Kirklake Kirklake Rd open space, Rod, Jubilee/Queen s Rod, Foster Rd N/2006/07 8 Barkfield £5101.24 Harington Rd, 06 Rd Wicks Green, Woodlands Rd Total £30,079.80 £11,903.50

Sudell Ward The table below lists the current available commuted sums for Trees and Greenspace in the Sudell Ward

S106 Relevant TREES RECOMMEN GREENSPA RECOMMEN Sudell planning DATION CE DATION Ward permissio ns S/2013/07 1a Gordon £1,482.00 Liverpool n/a n/a 40 Avenue Road North S/2011/13 158 £1,372.28 Liverpool n/a n/a 41 Liverpool Road North Rd North S/2008/05 Land at £158,650.00 Eastway, 47 former Deyes Lane, Ashworth Damfield Hospital Lane, Station Rd, Melling Lane, Poverty Lane, Old Hall Road, Moorhey Road, Boyer Avenue, Park Lane, Dodds Lane, Douglas Drive, Eastway/Nort hway, junction Eastway Total £161,504.28

Next Stage As discussed with ward members during recommendation meetings the location of tree planting are proposals which will need to be refined following consultation with residents. Similarly the recommendations to allocate monies to the greenspaces will form the first stage in consultation between landscape services, ward members and friends of groups to plan necessary improvement to the parks as identified in this report.

Once monies are transferred to Landscape Services they will then programme implementation taking account of staff resources, match funding and/or other opportunities.

Conclusion This report aims to release commuted sums that have been secured through planning decisions, for the specific issues / mitigation as required when the development was permitted. It is important to note that the current process will change from April 2015 when the Community Infrastructure Regulations come into force . These Regulations will limit collection of money for trees and greenspace or other physical improvements through a S106 agreement. Good progress is being made in allocating monies across the Borough and reports for outstanding wards./areas will be submitted as soon as possible.

Members will be aware that work progresses on Sefton’s Local Plan and it will be necessary to update the policy position with regard the contributions that may be required through any Community Infrastructure Levy in Sefton..