10/03/2017 Wrexham County Borough Council Response/Digest

Date: 10/03/2017

Wrexham County Borough Council

Response/Digest FOI: 6838

Department: Environment & Planning

The department does hold information concerning the use of section 106 agreements and 'unilateral undertakings' imposed on any developments in the county in the last twenty years.

Request:

Within planning terms a community facility is anything that has been provided for the benefit of the community. This includes public open space and play areas.

1. There have been over 100 S106 agreements within the last 20 years which required the provision of public open space and play areas either on or off site. The wording of each agreement varies depending on the size of the development – the provision of the facilities being required at an appropriate stage in the development of the site. A typical wording for such a s106 agreement is shown below –

Please note that where information is subject to copyright belonging to the Council, you will need to obtain the permission of the Council to re-use it for purposes other than private study or non- commercial research. The Council may charge for re-use. Where third party copyright material is disclosed, you must obtain permission to re-use from the copyright holders concerned.

2. There has been one instance of land being set aside for use by a Community Council as open space and play area. The wording of the section of the s106 is set out below. This development has not yet commenced.

Other than the provision of open space or contributions towards improvements to off- site open space there have been two s106 agreements requiring the provision of community facilities. These are -

 The development at Bersham Tip which required funding for a regeneration study and regeneration works as well as funding for a curator. A copy of this agreement is attached, the development has not yet commenced so the sums are not yet payable.

 The development at Wynnstay Hall. This required the walled gardens to be restored and then made open for public visiting on certain days. A copy of this agreement is attached, the development has not yet commenced so the requirement is not currently due.

3. A unilateral undertaking has been submitted on the following sites -

 P/2000/0028 – Church Green, Gresford. Contribution for traffic calming measures  P/2000/0663 – Ffordd Garmonydd, Wrexham. Payment in lieu of Public Open Space and footpath construction.  P/2004/1046 – Acton Nursery, Wrexham. Public Open Space Contribution  P/2004/0518 – Acton Nursery, Wrexham. Public Open Space Contribution  P/2008/1295 & P/2008/1296 – Racecourse Ground, Wrexham. Contribution for waiting restrictions and residents parking scheme. Contribution of profits towards new stand  P/2009/0608 – Chester Road, Rossett. Contribution for construction of new bus shelter and in lieu of provision of open space  P/2009/0485 – Mountain View, Brymbo. Provision of affordable housing, education contribution and open space maintenance.  P/2008/0993 – Bryn Lane, Wrexham Industrial Estate. Provision of ecological area, landscaping maintenance scheme and funding for enhancements to public transport  P/2008/0266 – Bersham Tip. Funding for regeneration study, curator contribution and provision of services  P/2007/1066 – Abbey Road, Wrexham Industrial Estate. Ecological mitigation area  P/2012/0168 – Ffordd Isaf, Gwynfryn. Maintenance of visibility splay.  P/2015/0178 – Pont Adam, Ruabon. Provision of public open space  P/2011/0891 – Bryn Lane, Wrexham Industrial Estate. Ecological mitigation area and contribution for new bus stops.

 P/2013/0545 – Dennis Ruabon, Johnstown. Contributions for education and extension of bus service. Provision of public open space and play area.  P/2016/0264 – Cana Chapel, Tanyfron. Contribution for education.  P/2016/0540 – Five Crosses Public house, Minera. Contribution for traffic regulation order.