Agenda Item No. 5
THE VALE OF GLAMORGAN COUNCIL
PLANNING COMMITTEE: DATE 4 JULY 2013
REFERENCE FROM CABINET: DATE 17 JUNE 2013
C1375 ANNUAL REPORT – SECTION 106 LEGAL AGREEMENTS 2012 – 2013 (RIPT) (SCRUTINY COMMITTEE – ECONOMY AND ENVIRONMENT) –
Members were informed about progress on Section 106 (Planning Obligation) matters that have arisen in the last financial year (April 2012 - March 2013).
The Council had the power to enter into legal agreements with developers under Section 106 of the Town and Country Planning Act 1990, to seek contributions from developers to mitigate negative development impacts and facilitate development which might otherwise not occur.
In accordance with the Section 106 protocol, this report summarised the Council’s progress on negotiating, monitoring and implementing planning obligations through section 106 agreements, for the last financial year.
Planning Applications subject to s106 agreements
In the 12 months between April 2012 and March 2013, a total of 12 planning permissions had been issued, which had been subject to section 106 legal agreements. A list was attached at Appendix A. The value of the financial contributions in these legal agreements was £511,873.
In the previous financial year, 2011/12, a total of 18 planning permissions were signed with a financial value of £10,263,858.68, which was principally due to the major Barry Waterfront redevelopment, which represented a £8,093,600.00 financial obligations package.
The financial contributions secured through these legal agreements would be used to provide or enhance facilities off site, such as sustainable transport facilities, public open space, community facilities and more.
The planning obligation requirements secured this year had also included â€˜in-kind’ obligations such as on site affordable housing, on site public open space and recreational facilities, and public art.
Implementation of Planning Obligations
Between April 2012 and March 2013 the Council had received financial and in-kind obligations in respect of a number of previously outstanding planning agreements, including interest payments where applicable. The Council’s Section 106 account currently held £2,213,336.69, with £406,938.86 having been spent this year through implementation of s106 projects. Details were attached at Appendix B. Where schemes were already identified and monies committed these were identified in grey in the table at Appendix B.
This year implementation had included works to improve steps from Main Street to Victoria Park in Cadoxton, improvements to local schools, delivery of affordable housing and provision of bus services.
Following the annual monitoring report for 2011/12, Members raised concerns about the time taken to implement s106 spend and at their meeting on 5th November 2012 Cabinet resolved to endorse an updated protocol for the implementation of s106 obligations. When financial obligations were received, the relevant service areas are notified and Member consultation is undertaken at the same time so that ideas for spend could be identified at the earliest opportunity.
This was a matter for Executive decision.
(1) T H A T the progress made on Section 106 matters between April 2012 and March 2013 be noted.
(2) T H A T the report be referred to Planning Committee, Scrutiny Committee (Economy and Environment) and Community Liaison Committee for information.
Reasons for decisions
(1) To inform Cabinet of the progress made on section 106 matters between April 2012 and March 2013.
(2) To inform the Planning Committee, Scrutiny Committee (Economy and Environment) and Community Liaison Committee.
Attached as Appendix – Report to Cabinet – 17 JUNE 2013