New Open Space Section 106 Agreements Need to Be Considered By

Community Assembly Members’ Briefing Paper

Name of Community Assembly: South West

Date of Meeting: 13th January 2011

Agenda Item:

Report Title: Section 106 Update

Report Author: Keith Missen, Contact Number: 2734196 Environmental Planning Manager. Service & Directorate or Organisation: Planning Service, Purpose of Paper: (please mark ‘X’) For Decision (please describe Information / Progress Update X in detail below)

Paper Headlines and Summary: To provide information on the S106 allocation process and to provide an update on the overall Section 106 position in the Assembly Area.

Recommendations to the Community Assembly Members’ Briefing:

To note the information provided

What decision, if any, is required from the Community Assembly Members’ Briefing? None

Attached: Appendix 1 - Copy of a report to the Assembly Chairs Group on 11th January 2011 summarising the general s106 allocation process.

Appendix 2 - Summary extracted from the S106 database showing all S106 agreements that have occurred in the Community Assembly Area

1.0 PURPOSE OF THIS REPORT

1.1 To advise Members of the process discussed with the Chair for allocating open space Section 106 agreements to projects.

1.2 To provide an update on the general Section 106 position for the Assembly Area.

1.3 To provide members with further information in two appendices, covering the Section 106 allocation process and providing a summary of all agreements extracted from the Section 106 monitoring database.

1.4 To answer any questions that members may have on the Section 106 process.

2.0 PROCESS DISCUSSED FOR ALLOCATING S106 AGREEMENTS TO PROJECTS.

2.1 New open space Section 106 agreements need to be considered by Community Assemblies at least once, and preferably twice, each year so that they can be allocated to project sites.

2.2 Section 106 agreements have not yet been discussed by the South West Community Assembly and so a meeting was held on 10th November 2010 between the Community Assembly Chair, Assembly Manager and officers from Planning and Parks.

2.3 The process that has been adopted by most Community Assemblies follows on from that used by most former Area Panels. Usually an officer pre-meeting takes place to consider agreements that have not been allocated and to prepare a list of recommendations. The recommendations are then reported to a Community Assembly briefing meeting and either accepted or modified by members. The final agreed allocations are then reported at an Assembly business meeting.

2.4 It was agreed at the meeting on 10th November 2010 that allocation of Section 106 agreements should be dealt with at a future briefing meeting but before this is done, the Park’s tasking officer should work with the Assembly to identify priority sites for investment. This work will build upon the list of green space sites in the Assembly’s action plan and draw on the quality audit of open space sites which was carried out as part of the Green and Open Space Strategy

2.5 The action plan sites are as follows: • Lydgate Lane Park • Dore Rec • Millhouses Park (resurfacing of tennis courts) • Endcliffe Park • Forge Dam and playground • Shepherd’s Wheel • Green and open spaces in Fulwood • Spider Park • Wyming Brook

Once the tasking officer has completed this work, allocation of S106 agreements to the sites of greatest benefit should be a relatively straightforward process. Maintaining and updating the priority sites list will be important.

3.0 GENERAL UPDATE FOR THE ASSEMBLY AREA

3.1 The overall Section 106 position for the Assembly Area is as follows:

3.2 £831,303 has been received from 53 S106 agreements and spent on completed projects throughout the Community Assembly area.

3.3 £29,711 has been received from a further 3 agreements and allocated to 3 projects which are currently being designed or are on site.

3.4 18 agreements to the value of £218,125 have been made but funds not yet received. In most cases this is because the developments have not started on site. Start on site is the usual trigger for payment and it should be noted that if a development does not commence, then no monies will be received. For one of these agreements (Ref 564 Riverdale Road Flats), the developer has gone into liquidation without paying the section 106 funds of £47,630. The case is with Legal services to see if the funds can be recovered. Money cannot be received for a further two agreements because two development sites each have two valid planning applications both with a section 106 agreement. For each site, only one planning application can proceed.

4.0 FURTHER INFORMATION

4.1 For members information 2 appendices are attached

4.2 Appendix 1 is a copy of a report to the Assembly Chairs Group on 11th January 2011. This summarises the general process.

4.3 Appendix 2 is a summary extracted from the S106 database showing all S106 agreements that have occurred in the Community Assembly Area. Agreements without a “tick” are those which will need to be allocated to projects at a future briefing meeting.

5.0 RECOMMENDATION

5.1 That members note the information provided in this report in advance of agreeing allocations at a future briefing meeting.

APPENDIX 1

Assembly Chairs Group 11th January 2011 Paper on the allocation of Open Space Section 106 agreements by Assemblies

1. Open space Section 106 (S106) agreements are financial contributions made by developers who are building more than 5 dwellings on a site, based on a formula. They are intended to compensate for loss / lack of green space or recreational facilities, and should be spent as close to the development site as is reasonably practical. Many S106 agreements are for less than £10,000, but they can be considerable sums of over £100,000.

2. By their nature, the number of S106 funding agreements is dependent on the strength of the residential property market. It is also uncertain funding, since agreements are made when Planning Permission is granted, but money will not be paid until a development has commenced or been partially occupied. Not all developments which receive Planning Permission are built or completed and so money may never be received.

3. A protocol for allocating S106 funds was agreed with Chairs of the former Area Panels.

4. Officer discussion usually preceded Panel meetings so that a provisional allocation of funds to priority sites could be recommended to Members for their consideration at briefing meetings.

5. The same procedure has been followed now that Community Assemblies are in place, and allocations now require consideration by Members at public Assembly Meetings, to inform the public and make the process more transparent.

6. Once or twice a year, the Assembly Manager should be meeting with the S106 Officer, an officer from the Environmental Planning Team, and a Parks Officer (now the Parks Tasking Officer). There is scope for Assembly Chairs to be included in these meetings, if required.

7. The officers will consider a list of new S106 agreements for their area, and based on local knowledge and Assembly priorities, they will suggest a site or sites for the funds to be allocated to. Sites should generally be in accordance with priorities set out in the Council’s Green and Open Space strategy and it may be that Community Assemblies wish to include priority sites in their action plans. In the current economic climate, the number of sites currently being developed for housing is low.

8. The officer proposals will be drafted into a report by Environmental Planning or the Assembly Manager, to be considered and discussed by Assembly Members at a Members Briefing.

9. On the basis of these discussions, the report will be revised and redrafted, and presented to a public Community Assembly meeting for a decision by Members on the site allocations. Members can request additional community consultation on high value agreements.

10. The decision of the Assembly is intended to be final, but can be revisited and changed by the Assembly if circumstances change.

11. It should be noted that the Government is to reform the planning system and that S106 agreements are not likely to exist in their current form at some point in the next 12 to 24 months. Therefore, it is likely that less money will be available for open space investment from this source in future.

Rebecca Maddox, Interim Partnership and Local Action Manager Keith Missen, Environmental Planning Team Manager

APPENDIX 2

Summary of all open space Section 106 agreements in the Community Assembly Area

This information is extracted from the section 106 monitoring database.

The large box on the left hand side of each page gives a general indication of the status of each agreement as follows: • Awaiting money. The agreement has been made but money has not yet been received. This is usually because money becomes due only when development commences on site or at a different specified trigger point. If the development does not commence, then the agreement will yield no money. • Awaiting programming. Money has been received for the agreement but design work has not yet commenced. This may be because the agreement site has not yet been agreed or because more money is awaited to enable project work to commence. • Design. The project is not yet on site but is at some stage of the delivery process such as gaining approvals, consultation, design, tender etc. • On site. Construction is taking place. • Complete. Construction has finished.

On the right hand side of the page is a tick box under the heading of “Site(s) agreed by Assembly”. If this box is ticked, the agreement has already been allocated to a project at an earlier Assembly meeting or by the former Area Panel. 06 January 2011 S106 Community Assembly Report South West

Agreement Site(s) of Works if Ref/ By S106 Amount/Date Agreement Development Project Site(s) agreed Project Stage Heads of specified in Appropriate Priority Sites BB No. Value Received Date/No. Site Terms Agreement Amount by Assembly

434 £10,800.0010/01/2005 Towards the Not Specified Totley Brook OS £10,800.00 04/04041/FUL 291 provision of recreation Totley Brook Rd space in the This agreement has now expired Awaiting Money locality of the Sheffield site

504 £11,230.0008/09/2005 Recreational Not Specified Ecclesall Woods £11,230.00 04/04659/FUL 335-3 space within the locality of Ecclesall Rd the site Agreement Expired, New Agreement Anticipated Awaiting Money Sheffield

564 P&C £47,630.00 01/03/2006 Riverdale Flats Recreational Not Specified Porter Valley Shepherds Wh £47,630.00 05/00917/FUL 15 space within the locality of Riverdale Rd the site Devpr in liquidation - case with Legal Services Awaiting Money Sheffield

675 ? £5,955.00 10/02/2007 Hall Lane Farm Recreational Not Specified Totley Bents Cricket Club £5,955.00 06/03799/FUL space within the locality of Totley Hall Lane the site Awaiting Money Supersedes Ref No. 361 Totley

677 ? £1,250.00 22/02/2007 Graham Point Recreational Not Specified Endcliffe Park £1,250.00 07/00035/FUL 406 space within the locality of Fulwood Rd the site Awaiting Money Sheffield

Page 1 of 10 06 January 2011 S106 Community Assembly Report South West

678 ? £455.00 27/02/2007 Graham Point Recreational Not Specified Endcliffe Park £455.00 07/00037/FUL 405 space within the locality of Fulwood Rd the site Awaiting Money Sheffield

727 £990.0016/07/2007 Plot 5 - Long Acr Recreational Not Specified Dore Rec. £990.00 06/04749/FUL 73 space within the locality of Newfield Lane the site Awaiting Money Sheffield

789 £2,835.0024/01/2008 Recreational Not Specified Twentywell Triangle & Poynt £2,835.00 07/03972/OUT 24 space within the locality of Twentywell Lane the site Awaiting Money Sheffield

796 £3,150.0012/03/2008 Land at Recreational Not Specified Beauchief Woodland Compl £3,150.00 07/04869/FUL 211 space within the locality of Twentywell Lane the site New application anticipated for this site Awaiting Money Sheffield

800 £23,970.0001/04/2008 Ringinglow Fire Recreational Not Specified Bents Green Playing Field £23,970.00 07/04811/REM space within the locality of Ringinglow Rd the site Awaiting Money Sheffield

Page 2 of 10 06 January 2011 S106 Community Assembly Report South West

845 £5,250.0023/07/2008 Site of Broad El Recreational Not Specified Bents Green Playing Field £5,250.00 07/04759/FUL space within the locality of Broad Elms the site Lane Awaiting Money Superseded by Ref No. 958 Sheffield

866 £11,240.0020/11/2008 Site of Towards the Not Specified Ecclesall Woods £11,240.00 08/04965/FUL 336 provision or enhancement Ringinglow Rd of public open Awaiting Money space within Supersedes Ref No. 598 Sheffield the vicinity of

871 £41,040.0011/12/2008 Site of Halls of R Recreational Not Specified Endcliffe Park/Porter Valley £41,040.00 08/04488/FUL space within the locality of Ranmoor Park the site Rd & Tapton Awaiting Money Sheffield

878 £14,380.0005/01/2008 Texaco Filling St Towards the Not Specified Not Discussed Yet £14,380.00 08/05081/FUL 850-8 improvement of existing open Ecclesall Road space in the area. New application anticipated for this site Awaiting Money Sheffield

883 £8,330.0007/01/2009 Curtilage of Recreational Not Specified Dore Rec. £8,330.00 08/04806/FUL 135 space within the locality of Dore Rd the site Same site as DB934, only 1 devpt can proceed Awaiting Money Sheffield

Page 3 of 10 06 January 2011 S106 Community Assembly Report South West

888 £20,480.0008/12/2008 Land at Recreational Not Specified Dore Rec. £20,480.00 08/04870/FUL 79 space within the locality of Dore Rd the site Awaiting Money Sheffield

899 £6,000.0011/12/2008 Land at Recreational Not Specified Endcliffe Park £6,000.00 09/00096/FUL space within the locality of Onslow Rd the site Same site as DB901 - only 1 devpt can proceed Awaiting Money Sheffield

901 £7,650.0015/05/2009 Land at Recreational Not Specified Endcliffe Park £7,650.00 09/00838/OUT space within the locality of Onslow Rd the site Same site as DB899 - only 1 devpt can proceed Awaiting Money Sheffield

921 £13,680.0027/08/2009 Land to Rear of Towards the Not Specified Porter Valley £13,680.00 09/00805/FUL provision of recreational Stumperlowe space in the Crescent Rd Awaiting Money locality of the Supersedes Ref No. 671 Sheffield site.

934 £7,800.0021/12/2009 Land at Recreational Not Specified Dore Rec. £7,800.00 09/02316/FUL 135 space within the locality of Dore Rd the site Same site as DB883 - only 1 devpt can proceed Awaiting Money Sheffield

Page 4 of 10 06 January 2011 S106 Community Assembly Report South West

514 £8,280.00£8,280.00 01/01/2005 Recreational Not Specified Weetwood Gardens £8,280.00 space within 05/09/2007 05/01469/FUL 268 the locality of Ecclesall Rd the site South Awaiting Programming Supersedes Ref No. 653 Sheffield

626 ? £43,395.00 £43,395.00 01/01/2006 Site Of Green O To be used in Not Specified Green Oak Park £33,395.00 whatever Not Specified Gillfield Wood £10,000.00 24/05/2007 06/02834/FUL manner the Green Oak Ave council considers Awaiting Programming Supersedes Ref No. 473 Sheffield appropriate

717 £8,175.00£8,175.00 14/05/2007 Land at the site Recreational Not Specified Hagg House Allotments £8,175.00 space within 23/03/2009 06/04303/FUL the locality of Redmires Rd the site

Awaiting Programming Sheffield

Page 5 of 10 06 January 2011 S106 Community Assembly Report South West

418 £3,625.00£3,625.00 18/10/2004 Moorside Farm Towards the Not Specified Whinfell Quarry Gardens £3,625.00 provision of 06/01/2006 03/04814/FUL recreation 419 Long Line space in the locality of the Design Dore site

Page 6 of 10 06 January 2011 S106 Community Assembly Report South West

325 PWC £20,406.00 £20,406.00 01/01/2002 Folkwood School - Not Specified Porter Valley Shepherds Wh £20,406.00 24/10/2006 02/00809/FUL Ringinglow Rd

On Site Sheffield

769 £5,680.00£5,680.00 22/11/2007 Site of To be used in Not Specified Ecclesall Woods £5,680.00 whatever 11/09/2009 06/00775/FUL 731 manner the Abbey Lane council considers On Site Sheffield appropriate for

Page 7 of 10 06 January 2011 S106 Community Assembly Report South West

Archived Agreements List

Community Assembly Stage Ref Planaps No Value Development Site Address Project Site: Amount

South West Complete 15 97/0641P £2,150 Bradley St Crookes Bole Hills Rec. £2,150.00

South West Complete 22 97/0467P £79,705 Totley Hall Lane Totley Totley Hall Playing Fields £79,705.00

South West Complete 25 98/1340P £25,300 Ecclesall Rd South Sheffield Whirlow Brook Park £25,300.00

South West Complete 26 9A/56P £5,500 Ecclesall Rd South Sheffield Whirlow Brook Park £5,500.00

South West Complete 27 98/0622P £8,900 Ecclesall Rd South Sheffield Whirlow Brook Park £8,900.00

South West Complete 31 98/0119P £23,500 Tapton Park Rd Sheffield Endcliffe Park £11,750.00

South West Complete 31 98/0119P £23,500 Tapton Park Rd Sheffield Bingham Park £11,750.00

South West Complete 60 98/0164P £3,824 Summer Lane & Hillfoot Lane Totley Green Oak Park £3,824.00

South West Complete 66 99/1197PP £3,460 Abbey Lane Dell Sheffield Ecclesall Woods £3,460.00

South West Complete 71 99/1170P £6,160 Abbeydale Rd Sheffield Dore Rec. £3,080.00

South West Complete 71 99/1170P £6,160 Abbeydale Rd Sheffield Beauchief Gardens £3,080.00

South West Complete 74 99/1173P £11,580 Graham Rd Sheffield Bingham Park £11,580.00

South West Complete 86 9B/0216P £3,450 Newfield Lane Dore Dore Rec. £3,450.00

South West Complete 89 9A/0472P £4,125 Manchester Rd Sheffield Lydgate Lane OS £4,125.00

South West Complete 100 99/0830P £15,750 Abbey Lane Sheffield Millhouses Park £10,750.00

South West Complete 100 99/0830P £15,750 Abbey Lane Sheffield Ecclesall Woods £5,000.00

South West Complete 102 01/01625/FUL £22,680 cclesall Rd South/Knowle Lan Sheffield Millhouses Park £11,340.00

South West Complete 102 01/01625/FUL £22,680 cclesall Rd South/Knowle Lan Sheffield Ecclesall Woods £11,340.00

South West Complete 108 9B/0282P £15,920 Fulwood Rd Sheffield Bingham Park £15,920.00

South West Complete 114 01/00985/FUL £9,925 Abbeydale Rd Sheffield Millhouses Park £9,925.00

South West Complete 131 02/00403/FUL £7,350 Newfield Lane Dore Dore Rec. £7,350.00

South West Complete 149 02/00607/CHU £5,795 Dore Rd Sheffield Ecclesall Woods £5,795.00

South West Complete 154 99/1197P £6,000 Abbey Lane Dell Sheffield Millhouses Park £6,000.00

South West Complete 160 98/0276P £15,200 Laverdene Ave Sheffield Green Oak Park £15,200.00

Page 8 of 10 06 January 2011 S106 Community Assembly Report South West

South West Complete 161 99/120P £7,620 Whirlowdale Rd & Ecclesall Rd Sheffield Whirlow Brook Park £7,620.00

South West Complete 178 9A/6066P £4,430 Newfield Lane Dore Dore Rec. £4,430.00

South West Complete 181 9B/0321P £10,455 Ranmoor Crescent Sheffield Bingham Park £10,455.00

South West Complete 182 01/10636/FUL £1,990 Ranmoor Park Rd Bingham Park £1,990.00

South West Complete 224 9A/0799P £8,450 Longfield Rd & Woodfield Rd Sheffield Bole Hills Rec. £8,450.00

South West Complete 226 02/02153/FUL £6,120 Commonside Walkley Ruskin Park £6,120.00

South West Complete 238 02/03607/REM £27,585 King Ecgbert Rd Totley Rise Totley Bents Rec £27,585.00

South West Complete 241 97/0531P £12,160 Dore Dore Rec. £12,160.00

South West Complete 264 9A/1082/P £62,390 Sandygate Rd Sheffield Crosspool Sportsground £62,390.00

South West Complete 266 02/02810/FUL £19,875 Ashfurlong Rd Sheffield Limb Lane £19,875.00

South West Complete 269 01/00997/FUL £8,580 cclesall Rd South & Dunkeld R Sheffield Endcliffe Park £8,580.00

South West Complete 274 02/03857/FUL £44,850 Ecclesall Rd South Sheffield Millhouses Park Waterplay £44,850.00

South West Complete 283 01/10142/FUL £8,160 Baslow Rd Totley Totley Hall Playing Fields £3,720.00

South West Complete 313 02/02198/FUL £5,670 School Rd Crookes Bole Hills Rec. £5,670.00

South West Complete 338 03/02944/FUL £20,370 Millhouses Lane Sheffield Millhouses Park £4,150.00

South West Complete 338 03/02944/FUL £20,370 Millhouses Lane Sheffield Ecclesall Woods £16,220.00

South West Superseded 361 03/02294/FUL £7,165 Totley Hall Lane Totley Totley Bents Cricket Club £7,165.00

South West Complete 416 04/01888/FUL £15,695 Sandygate Rd Sheffield Endcliffe Park £15,695.00

South West Complete 417 04/01157/FUL £5,325 Abbeydale Rd Sheffield Millhouses Park £5,325.00

South West Complete 420 04/04359/FUL £29,970 Newfield Lane Dore Dore Rec. £29,970.00

South West Superseded 458 05/00911/FUL £1,080 Fulwood Rd Sheffield Porter Valley £1,080.00

South West Complete 467 04/05041/FUL £4,445 Snaithing Rd Fulwood Endcliffe Park £4,444.80

South West Superseded 473 04/01367/RG3 £15,960 Green Oak Ave Sheffield Gillfield Wood £15,960.00

South West Complete 527 05/03732/FUL £3,600 Townhead Rd Dore Dore Rec. £3,600.00

South West Complete 528 05/04146/FUL £207,845 Fulwood Rd Sheffield Broomhill OS £41,664.00

South West Complete 528 05/04146/FUL £207,845 Fulwood Rd Sheffield Weston Park £85,000.00

South West Complete 528 05/04146/FUL £207,845 Fulwood Rd Sheffield Parker's Lane £81,181.00

Page 9 of 10 06 January 2011 S106 Community Assembly Report South West

South West Superseded 573 06/00909/FUL £445 Fulwood Rd Sheffield Porter Valley £0.00

South West Complete 576 06/01147/FUL £33,600 Lydgate Lane & Cross Lane Sheffield Crookes Valley Park £16,800.00

South West Complete 576 06/01147/FUL £33,600 Lydgate Lane & Cross Lane Sheffield Bole Hills Rec. £16,800.00

South West Complete 594 04/04079/FUL £1,970 Fulwood Rd Sheffield Endcliffe Park £1,970.00

South West Complete 597 06/01302/FUL £5,100 Greystones Hall Rd Sheffield Endcliffe Park £5,100.00

South West Superseded 598 06/00546/FUL £6,120 Ringinglow Rd Sheffield Ecclesall Wood £6,120.00

South West Complete 607 05/04437/REM £14,445 Grove Rd Sheffield Millhouses Park £14,445.00

South West Superseded 653 06/03010/FUL £4,830 Ecclesall Rd South Sheffield Weetwood Gardens £4,830.00

South West Superseded 671 06/02711/FUL £21,875 oor Hall, Storth Lane & Belgra Sheffield Porter Valley £21,875.00

Page 10 of 10