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AGENDA ITEM: 6/16 CABINET: 15 June 2010 Report of: Executive Manager Community Services Relevant Portfolio Holder: Councillor A Fowler Contact for further information: Mr S Kent (Extn. 5169) (E-mail: [email protected]) SUBJECT: USE OF SECTION 106 MONIES IN BANKS, HESKETH BANK AND WRIGHTINGTON Wards affected: North Meols, Hesketh with Becconsall, Wrightington 1.0 PURPOSE OF THE REPORT 1.1 To consider requests from North Meols, Hesketh with Becconsall, and Wrightington Parish Councils regarding the use of monies received by the Borough Council from housing developers for the enhancement of public open space and recreation provision in their Parishes. 2.0 RECOMMENDATIONS TO CABINET 2.1 That the projects detailed in section 6 of this report be approved and the Section 106 sums of £104,510 for North Meols, £93,250 for Hesketh with Becconsall ( £29,400 from available funds and £63,850 when available from funds due), and £81,710 for Wrightington be made available to the respective Parish Councils for their projects. 2.2 That the commuted sums be paid to the respective Parish Councils subject to them entering into suitable legal agreements with the Council. 3.0 BACKGROUND 3.1 Members will recall that under policy LE.13 of the local plan developers must provide open space facilities as part of housing developments. Where developments are less than 20 dwellings or on sites where it is nor reasonable to expect a developer to provide on-site facilities, and where there is a deficiency of open space, the Council can require a commuted sum for the provision and maintenance of improvements to nearby open space or for the creation of new leisure related facilities in the area. 3.2 In accordance with the decision of the planning committee held on January 10th 2002 the views of the relevant Parish Council’s are sought in respect of the potential use of this money. 3.3 In North Meols sums received from land rear of Aveling Drive (£43,260), 55-67 Church Road (£17,150), and 22 Glebe Road (£44,100) have been received and are unallocated. This gives a total of £104,510 available for use in North Meols. 3.4 In Hesketh with Becconsall a sum for 43-55 Boundary Lane (£29,400) has been received and is unallocated. Further sums from land at Moss Lane ( £31,850 ) and land off Station Road ( £32,000 ) are due now and unallocated. This gives a total of £93,250 available for use in Hesketh with Becconsall. 3.5 In Wrightington sums have been received from Bullens, Mill Lane, Appley Bridge (£71,500) and land at Appley Lane North (£11,250 received, £1,040 already allocated, leaving £10,210 available). This gives a total of £81,710 available for use in Wrightington Parish. 4.0 CURRENT POSITION 4.1 The Parish Councils have been consulted, and the proposals shown in section 6 have been put forward for consideration. 4.2 The Acting Executive Manager Planning offers the view that the proposed use of monies is in accordance with planning policy and the terms of the S106 Agreements and consequently supports the proposals. 5.0 ISSUES 5.1 The proposals comply with the criteria for the use of Section 106 monies. 5.2 The proposals are in keeping with the aims of the District Play Policy and Cultural Strategy. 6.0 PROPOSALS 6.1 North Meols Parish Council are currently involved in proposals to create new play and leisure facilities on the public open space at the end of Hesketh Avenue. 6.2 Facilities are aimed to provide for all age groups from specialist play facilities for younger children, sport and leisure provision for teenagers including grass kickabout area, and seating, rest areas and improved landscaping for families and older residents. A draft concept plan will shortly be available for public consultation. The budget for this proposal is £104,510, and the Parish Council suggests that the Section 106 funding in their Parish be used for this project. 6.3 Hesketh with Becconsall Parish Council are currently working on two proposals in Hesketh Bank. The first is to provide improved access, seating, and landscaping in an area alongside the football pitch at Hesketh Bank Sports Club. This will provide improved leisure facilities for all ages, and the Parish Council is proposing that the £29,400 funding already received be used towards this scheme. 6.4 A further scheme that is being developed in Hesketh Bank is the development of a permaculture site off Shore Road. This scheme will involve the conversion of some of the existing commercial allotments presently owned by the Parish Council into facilities available to the community, including community allotments and food growing plots. Plans for this facility are presently being drawn up and the Parish Council is proposing that the Moss Lane element of the Section 106 funding of £31,850, when it is received, be used as a contribution towards the community and public open space based element of this project. The remaining Station Road element of £32,000, when received, is proposed to be used for public open space management at that development. 6.5 In Wrightington the Parish Council is presently working with the Borough Council on developing an improvement plan for the Village Hall playing fields off Mossy Lea Road. This proposal will include removal of the existing two old run down play areas and replacement with a new play area for 5-13 year olds, and an area with adventure facilities for teenagers. 6.6 This improvement scheme will also include repairs/replacement of part of the boundary fence, installation of pedestrian gates, seat and picnic tables, and renovation of the fields drainage system. The budget for the whole project is £81,710 and the Parish Council have proposed that this funding comes from the section 106 funds available. 7.0 SUSTAINABILITY IMPLICATIONS/COMMUNITY STRATEGY 7.1 These projects will all support the Council’s aim of increasing involvement in the management of local facilities, and strategic aims in respect of improving access to quality facilities, providing facilities to imp5rove the health of the community, and ensuring access to a wide age range. 8.0 FINANCIAL AND RESOURCE IMPLICATIONS 8.1 The estimated capital costs of all of the proposals mentioned in section 6 can be fully covered by the Section 106 funds available or due. In the case of the schemes at Banks and Hesketh Bank all on-going maintenance costs will be covered by the Parish Councils concerned. At Wrightington the existing old play areas are currently maintained by the Borough Council, and maintenance to the boundaries and drainage system on the playing fields are also Borough Council responsibilities. This maintenance responsibility will continue with the new facilities. 9.0 RISK ASSESSMENT 9.1 Section 106 funds need to be spent in accordance with criteria set out in the planning agreements and within a set time from payment, usually 10 years, otherwise the developer can claim the funding back. This risk can be mitigated by assessing all project proposals prior to commencement to assure compliance, and working in partnership with the Parish Councils to ensure timescales are within the set limits. 10.0 CONCLUSIONS 10.1 The proposed projects, presented following consultation with the three Parish Councils representatives, are in keeping with the Councils strategic aims and with the criteria for the use of section 106 monies received for the enhancement of recreation and public open space. The projects should therefore be supported. Background Documents There are no background documents (as defined in Section 100D(5) of the Local Government Act 1972) to this Report. Equality Impact Assessment There is no evidence from an initial assessment of an adverse impact on equality in relation to the equality target groups. Appendices None.
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