Committee: CABINET th Date: 16 March 2009 Agenda item: 7 Wards: All Wards Subject: S.106 Planning Obligations Report Quarter 3 2008/09 Lead officer: John Hill, Head of Public Protection & Development Lead member: Councillor William Brierly, Planning and Traffic Management Forward Plan reference number: Contact officer: Tim Catley Recommendations: A. THE CONTRIBUTIONS MADE BY S.106 AGREEMENTS OR ANY OTHER ENABLING AGREEMENT BE NOTED. 1 PURPOSE OF REPORT AND EXECUTIVE SUMMARY 1.1. This report summarises the situation in relation to S.106 agreements for the 3rd quarter of financial year 2008/09. 1.2. £185,967 has been committed to the council in monetary obligations for Quarter 3. A list of agreements signed can be found in Appendix B. 1.3. £16,950 was received in Quarter 3. A breakdown can be found in item 2.6. 1.4. £80,658 was spent from S.106 funds in Quarter 3. Please refer to Appendix C for breakdown. 1.5. £1,817,339 is unallocated and remains available from S.106 income. Please refer to Appendix D. 2 DETAILS 2.1. S.106 of the Town & Country Planning Act 1990 (as amended) permits Local Planning Authorities to enter into agreements with applicants for planning permission to regulate the use and development of land. This may involve the payment of a financial contribution for off site works. 2.2. Government guidance on the use of planning obligations is set out in ODPM Circular 05/2005 issued on 18th July 2005. The guidance requires that a planning obligation must be: i) Relevant to planning; ii) Necessary to make the proposed development acceptable in planning terms; iii) Directly related to the proposed development; 69 iv) Fairly and reasonably related in scale and kind to the proposed development; v) Reasonable in all other respects. 2.3. Members requested an annual report detailing agreements signed, income received and expenditure funded by S.106 Agreements. At the Planning Applications Committee meeting of 18th August 2005, Members requested that this report be produced on a quarterly basis in future. The report is to be submitted to Cabinet. 2.4. In order to ensure that the Council remains competitive in securing benefits through the S.106 process, a revised format of the bi-monthly income/expenditure meetings has now been formalised so that meetings now involve all corporate officers involved in the S.106 process. The aim of the meeting is to be a forum through which departments can be aware of key issues at an early stage so that the benefits of S106 can be maximised. Agendas are flexible so that attendees feel they have an opportunity to express issues, however they roughly cover the following areas with respect to S.106: • processes (including protocol preparations) • considerations for policy development • update on any developments in the field of S106 such as relevant Government/Mayoral proposals, policies and legislation • performance and reports • lessons learned • application & implementation issues – it is intended that detailed issues on specific cases can be discussed separately to help to retain a strategic focus in the meetings The first of these meetings has taken place. Officers discussed areas for protocol improvements including an interim development control case officer S.106 checklist, the forthcoming members S.106 seminar to be held on the 30th of March and the development of guidance/protocols for councillors wishing to be involved in the S.106 process. 2.5. This programme of meetings will supplement the existing arrangements for bidding and notification which include: • notification of officers, relevant ward councillors and the Cabinet member for Planning and Traffic Management with respect to newly signed S.106 agreements and the obligations contained therein • notification of officers and members as above with respect to newly received financial contributions paid in accordance with S.106 agreements 70 • bids are to be prepared by officers responsible for implementing projects for which S.106 monies are sought and are to be authorised by their relevant head of service. • all bids are to be authorised by the Head of Public Protection and Development • all bids for a S.106 contribution of £30,000 and above are to be authorised by the Director of Environment and Regeneration • such bids upwards of £50,000 require the authorisation of Cabinet • bids are to be within the bounds of the signed S.106 Agreement which vary from case to case. Consequently the level of detail required in support of a bid and subsequent level of scrutiny of a bid may vary in relation to the level of detail specified within the S.106 Agreement and the complexity of the measures towards which the funds would be applied. • any queries with respect to S.106 contributions that have been received, (for example should a councillor wish to enquire whether a S.106 contribution could be applied to a specific project) will usually be directed to the service that would be responsible for bidding and spending the contribution. Such queries would generally be directed to officers that are involved in seeking funding for projects to be carried out within those sections. • Environment and Regeneration is currently developing a “Project Bank”, a centralised database of potential projects. It is hoped that the Project Bank will be an effective way of identifying priorities for funding such as S.106 across the department and be used as a point of reference for members with any S.106 queries. 2.6. Applications decided subject to S.106 agreement for Quarter 3 2008/09 (See Appendix A): Committee resolutions by quarter: Qtr 1 (07/08) 18 Qtr 2 21 Qtr 3 14 Qtr 1 (08/09) 12 Qtr 2 19 Qtr 3 22 2.7. Analysis of income and agreements signed in Quarter 3 2008/09: 71 Monetary Received within Qtr Spend (incl Obligations (incl previous years previous years obligations) excl fees obligations) £ (Excl fees) £ £ 2007/08 Qtr 1 561,196 390,100 378,329 Qtr 2 307,425 439,333 142,523 Qtr 3 45,942 35,946 292,410 Total 914,563 865,379 813,262 2008/09 Qtr 1 2,536,563 297,089 111,901 Qtr 2 144,283 241,500 136,388 Qtr 3 185,967 16,950 80,658 Total 2,866,813 555,539 328,947 See appendix B for the list of the agreements signed in Quarter 3 2008/09. 2.8. Summary of Income by Ward for Quarter 3: Ward Quarter 2 Quarter 3 Abbey 1,770 Colliers Wood £10,455 Dundonald £29,078 Hillside £201,967 Longthornton Merton Park 15,180 Trinity Total 241,500 16,950 2.9. Sums obligated Quarter 3 2008/09 by Head of Term: Head of Term Qtr 3 Community Education 85,683 Open space/Play area 81,784 Security 72 Town Centre Traffic Management/ Highways/Public Transport Sustainable Transportation 18,500 Environmental/Economic Dev Total 185,967 2.10. Sums received Quarter 3 2008/09: Head of Term Qtr 3 Community Education Open Space/Play Area 1,769.70 Security Town Centre Traffic Management/ 15,180.00 Highways/Public Transport Sustainable Transportation Environmental/Economic Dev Total 16,950 2.11. Schemes including affordable housing obligations agreed in Quarter 3: Date Address Description 03/11/08 Land at Standor House 272- Ensure the Affordable Housing 286 London Road and 25 units (9 flats comprising five 2- Raleigh Gardens, Mitcham, bed and four 1-bed shared Surrey CR4 3NB ownership units forming part of the development to be constructed on the Property) are available for sale and/or letting by a RSL to persons meeting affordable housing criteria under a lease or leases and/or tenancy or tenancies. To be built to Housing Corporation standards (2003). 73 2.12. Community Benefits (in-kind) agreed in Quarter 3: Date Address Description 23/10/08 Land at 100-106 Haydon's Refurbishment and extension Road, South Wimbledon of the Park Attendants Mess SW19 1AW Hall in strict accordance with the drawing and Schedule (drawing no. 1220/05) attached to this agreement, to the reasonable satisfaction of the Council. 2.13. The following developments were designated parking permit / car free during Quarter 3: Date Address Description 01/10/08 Land at 2 Cavendish Road, Site not to be occupied by a Colliers Wood, London permit holder. No parking SW19 permits to be granted to future occupants of the development. 20/10/08 Land at 128-134 Merton High Any occupant whilst residing Street, Colliers Wood SW19 using and/or occupying a 1BA dwelling shall not purchase or procure the purchase of a parking permit for a residential parking bay in the CPZ. 20/10/08 Land at rear of 42 No occupants entitled to park a Wimbledon Hill Road, motor vehicle on-site or to a Wimbledon SW19 7PA resident parking permit for a resident parking bay in the Wimbledon CPZ (as amended) or a contract to park a motor vehicle in any Council owned, controlled or licensed car park. 14/12/08 173 Kingston Road, SW19 Occupiers of the flats to be constructed on the site will not be entitled to park a motor vehicle within the site boundary and will not be entitled to a residential parking permit within the CPZ (controlled parking zone W4 or any controlled parking zone amending or replacing it) 2.14. Expenditure notified to the departments for Quarter 3 2008/09 (Appendix C): 74 A total of £80,658 was spent from S.106 funds in Quarter 3. 2.15. Unspent S.106 at the end of Quarter 3 2008/09: £1,817,339 is unallocated and available to spend from S.106 funding.