Variations to Section 106 agreements
Presentation in response to a request from members.
Minutes:
The Scrutiny Commission received a presentation about the S106 process. It was noted that, whilst the decision on applications to vary S106 agreements was delegated to the Head of Planning following consultation with the chairman of the Planning Committee, relevant ward councillor(s) and the Legal Services Manager, the Head of Planning had referred all applications which sought to reduce contributions over the last two years (of which there had been five) to the Planning Committee, thereby making the information available to all councillors. Members continued to query whether consultation had taken place on specific cases and were assured that this would be looked into.
Discussion ensued on the process for GP surgeries to request developer contributions and how to find out where the contributions have been spent. It was noted that this information was regularly sent to councillors and parish councils.
With regard to planning S106 allocations, it was noted that the updated local plan would list infrastructure requirements and would also look at the community infrastructure levy (CIL).
Concern was expressed about a report considered by Leicestershire County Council’s Cabinet earlier the same week which stated they were unable to sign the S106 agreement for the Barwell Sustainable Urban Extension (SUE), citing it as being out of date. It was pointed out that LCC had been engaged as recently as November and that the agreement was at its final stages of sign off. Ward members were concerned that they had not been aware of the issue, and officers explained that they had only become aware on seeing the report on publication.
It was suggested that agencies including the police, county council and CCG be invited to inform the Scrutiny Commission of their methodology for calculating and use of S106 monies.
It was requested that the presentation provided be sent to all members and that a briefing note be provided on changes to contributions on small developments.