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Report Template Report for: INFORMATION Contains Confidential NO - Part I or Exempt Information Title S106 Update Report Responsible Officer(s) Russell O’Keefe – Strategic Director of Corporate & Community Services – 01628 796521 Contact officer, job Chris Hilton – Director of Planning, Development & title and phone number Regeneration – 01628 683811 Member reporting Cllr. D Wilson – Lead Member for Planning For Consideration By Planning & Housing Overview Scrutiny Panel Date to be Considered 14 July 2016 Implementation Date if Immediately Not Called In Affected Wards All REPORT SUMMARY This report provides: 1. an update on the receipt and budget commitment of S106 Developer Contributions at year end 15/16 If recommendations are adopted, how will residents benefit? Benefits to residents and reasons why they will benefit Dates by which residents can expect to notice a difference 1. Provides a contribution from developers to offset the Immediate impact of new development on infrastructure 2. Developers’ contributions will be applied to relevant Immediate projects 1. DETAILS OF RECOMMENDATIONS RECOMMENDATION: That Planning & Housing Overview Scrutiny Panel: i. notes the financial report in Appendix 1 2. REASON FOR RECOMMENDATION(S) AND OPTIONS CONSIDERED S106 Income 2015-2016 2.1 The total monies received 2015/2015 was £3.97m. 2015/2016 Approved Expenditure 2.2 Expenditure of the majority of S106 Developer contributions is approved by Cabinet via the Capital Programme process once a year to fund infrastructure projects in support of development in the area. Additional bids can be made during the financial year as projects are identified. Appendix 1 identifies the spend in 2015/16 and proposed spend for 2016/17. 2.3 Expenditure occurs against the capital budget and is funded from the S106 funds at year end. Therefore the figures shown for the capital expenditure 2016/17 are proposed expenditure not actual. Unallocated funds 2.4 The balances remaining unallocated in Appendix 1 are given as indicative only. 2.5 Option Comments Accept the recommendation of S106 agreements will be negotiated within the report the legal framework Recommended Don’t accept the recommendation of the report Not Recommended 3. KEY IMPLICATIONS 3.1 Defined Outcomes Unmet Met Exceeded Significantly Date they Exceeded should be delivered by S106 income <£0.5m £1m- £1.5m- >£2.0m 31/03/2017 received to meet £1.5m £2.0m cost of infrastructure required as a result of new development 2016/17 S106 income spent <2m £2m- £2.3m- >3.5m 31/03/2017 to meet the cost of £2.3m £3.5m infrastructure required as a result of new development 2016/17 4. FINANCIAL DETAILS Financial impact on the budget 4.1 A financial report is included at Appendix 1 giving the current position of accruals and projected spend. 5. LEGAL IMPLICATIONS 5.1 The Council has the power to collect Developers’ contributions as long as they satisfy the requirements of the three tests as set out in the Community Infrastructure Regulations 2010 (as amended) and require that the monies are spent in accordance with the clauses contained in the legal agreement signed by the developer. If monies are not spent on the items against which they are secured the developer can ask for these to be refunded. 6. VALUE FOR MONEY 6.1 Service areas have monitored and reviewed costs of providing infrastructure using local and national indicators. They have also used demographic data to establish trends in the numbers, age and needs of the Borough’s residents to predict future infrastructure requirements in response to new development in the borough. 7. SUSTAINABILITY IMPACT APPRAISAL 7.1 A Sustainability Report on the Developers’ Contributions Supplementary Planning Document was published in June 2005. There are no changes proposed in this report. 8. RISK MANAGEMENT 8.1 Risks Uncontrolled Controls Controlled Risk Risk Funds not spent MEDIUM Monitoring LOW in accordance with S106 Funds not spent MEDIUM Monitoring LOW on time 9. LINKS TO STRATEGIC OBJECTIVES 9.1 Our Strategic Objectives are: Supporting Children and Young People Encouraging healthy People and Lifestyles Improving the environment, economy and transport Investing in the future 10. EQUALITIES, HUMAN RIGHTS AND COMMUNITY COHESION 10.1 An Equality Impact Assessment (EQIA) was undertaken alongside the original S106 Supplementary Planning Guidance which concluded that there were no adverse impacts on the target. 11. STAFFING/WORKFORCE AND ACCOMMODATION IMPLICATIONS 11.1 None. 12. PROPERTY AND ASSETS 12.1 Developers’ contributions will be used to provide and improve the Council’s infrastructure and services in response to the additional impacts of new development in the borough. 13. ANY OTHER IMPLICATIONS 13.1 None. 14. CONSULTATION 14.1 None carried out for this report. 15. TIMETABLE FOR IMPLEMENTATION 15.1 Date Details Immediate 16. APPENDICES 16.1 Appendix 1- Financial Report 2015-2016 17. BACKGROUND INFORMATION Planning Obligations and Developers’ Contributions, Supplementary Planning Document (SPD): Part 1 - A Developers Guide – December 2005 Planning Obligations and Developers’ Contributions, Supplementary Planning Document (SPD) – Part 2 - Infrastructure and Amenity requirements (and approved Programme of Schemes) including Formulae and list of Projects, Revised September 2012 (with effect from 1 October 2012) Community Infrastructure Levy Regulations (2010) as amended. Planning Act 2008 (as amended) Past update reports and summary of receipts can be found on the Royal Borough of Windsor & Maidenhead’s transparency pages at: http://www3.rbwm.gov.uk/info/200125/budgets_spending_and_performance/783/ section_106_developer_contributions 18. CONSULTATION (MANDATORY) Name of Post held Date Date See comments consultee and sent received in paragraph: Department Internal Cllr Wilson Lead Member 28.06.16 Alison Alexander Managing 28.06.16 Director/ Strategic Director Adults, Children and Health Simon Fletcher Strategic 28.06.16 Director Operations and Customer Services Russell O’Keefe Strategic 22.06.16 26.06.16 Director Corporate and Community Services Sean O’Conner SLS 28.06.16 28.06.16 Jenifer Jackson Borough 22.06.16 22.06.16 Incorporated into Planning 5.1 Manager REPORT HISTORY Decision type: Urgency item? For information No Full name of Job title Full contact no: report author Hilary Oliver S106 Special Projects Officer 01629 796363 Appendix 1 S106 Developer Contributions Financial Report – 2015-2016 1. Introduction This report is to give an update on the receipt and expenditure for 2015-2016, and the proposed spend for 2016-17. The figures given in table 1, 2 and 3 are based on: Invoiced from 1 April 2015 -31 March 2016. the expenditure on revenue and the capital programme for 2015-2016 the proposed capital programme for the year 2016-2017. 2. S106 Income 2015-2016 2.1 The total monies received for 2015-2016 was £3,972,599. For comparison receipts for the full year in previous years were: 2014/15 - £6,429,260 2013/14 - £7,874,006 2012/13 - £6,572,926 2011/12 - £4,387,367 2010/11 - £3,915,596 2009/10 - £2,536,253 2008/09 - £2,312,008 2007/08 - £2,952,258 2.2 Of this received amount, significant income was received on the following applications: 12/02771 Former Cinema Site Bridge Avenue (Chapel £485,778.32 Arches) Maidenhead 14/01649 Grey Russett High Road Cookham £104,786.49 Maidenhead 13/01658 High Peak London Road Sunningdale Ascot £998,168.51 14/02408 Hunters Lodge And 1 And 2 Ascot Lodge £642,920.99 London Road Ascot 13/02899 Sandles And Rose Cottage Eton Wick Road £112,281.65 Eton Wick Windsor 13/02621 Payton Houses Gorse Road Cookham £106,850.42 12/02101 Land at St Peters Road and Malvern Road £205,404.14 Maidenhead 08/00941 116-118 Peascod Street, Windsor £101,084.43 07/02431 70-74 Hatch Lane,Windsor £129,608.89 S106 Accounts 2.3 The following tables give the overall picture of the S106 accounts by service, ward and parish. Please note: The opening balance and income figures shown in the tables for Ward and Parish reflect where the development occurred and the resultant funds collected. The expenditure under spent/ budgets represents projects not necessarily physically located in the Ward/Parish but instead represent projects which benefit or relate to the named Ward/Parish. Service Balances less Revenue 2016/17 Closing Estimated Opening Expenditure Income 2015/16 approved balance Unspent SERVICE AREA Balance 1 Less: and income Plus: received Less: Capital = revenue/ 31 March Funds @ April 2015 reallocated 2015/16 Expenditure capital 2016 31/3/17 to reserves budget spend £ £ £ £ £ £ £ Affordable Housing 2,380,161 0 1,177,116 38,985 3,518,292 1,000,000 2,518,292 Air Quality 186,023 0 0 23,786 162,237 30,000 132,237 Allotments 39,437 3,145 9,099 0 45,390 0 45,390 Archiving 16,803 0 531 0 17,334 15,000 2,334 Biodiversity 11,894 38 2,923 0 14,779 18,856 -4,077 Car Parking 47,084 0 0 46,172 912 0 912 Community Facilities 505,972 45,522 89,178 70,203 479,425 173,249 306,176 Economic Development 59,166 0 212 0 59,379 0 59,379 Education 6,129,354 254,747 762,233 1,969,425 4,667,415 875,135 3,792,280 Highways 4,405,872 36,859 252,204 2,678,551 1,942,666 575,820 1,366,846 Indoor Sports 238,774 8,178 106,734 235,028 102,302 134,250 -31,948 Library Services 1,049,225 100,703 86,014 106,825 927,711 157,233 770,478 Open Space 1,977,884 402,534 487,452 566,432 1,496,370 1,083,104 413,266 Public Art 727,789 42,394 87,741 383,109 390,028 314,796 75,232 Public Lighting 0 0 0 0 0 0 0 Public Transport 37,659 0 0 4,932 32,727 0 32,727 Special Protection Area (SPA) 171,670 207,377
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