Agenda Item No. 6
THE VALE OF GLAMORGAN COUNCIL
SCRUTINY COMMITTEE (ECONOMY AND ENVIRONMENT): 6 OCTOBER 2015
REFERENCE FROM CABINET: 21 SEPTEMBER 2015
C2914 ANNUAL REPORT - SECTION 106 LEGAL AGREEMENTS 2014 – 2015 (R) (SCRUTINY COMMITTEE - ECONOMY AND ENVIRONMENT) -
Cabinet was apprised on the progress of Section 106 (Planning Obligation) matters that had arisen in the last financial year (April 2014 - March 2015).
The Council had the power to enter into legal agreements with developers under Section 106 of the Town and Country Planning Act 1990, which sought contributions from developers that mitigated negative development impacts and facilitated development which might otherwise not occur. The report outlined the difference between Community Infrastructure Levy (CIL) and Section 106 contributions and provided an update on the Council's progress towards introducing CIL. In accordance with the Section 106 protocol, the report also summarised the Council’s progress on negotiating, monitoring and implementing planning obligations through Section 106 agreements, for the last financial year.
In the 12 months between April 2014 and March 2015, a total of 18 planning permissions had been issued which had been subject to Section 106 legal agreements. A list of these was attached at Appendix A to the report. A summary of income and spend on each Section 106 agreement between April 2014 and March 2015 was attached at Appendix B to the report, along with an update on progress since April 2015.
On 6 April, 2015, Regulation 123 of the Community Infrastructure Levy (CIL) Regulations 2010 (As Amended) came into effect which restricted the way in which Local Planning Authorities could use Section 106 agreements to pool financial contributions to deliver an infrastructure project. The Council kept up-to-date detailed records of all Section 106 agreements (which could be viewed on the Council’s website) and each time negotiations were entered into with developers, Officers checked that the pooling restriction would not be breached by a proposed development and associated obligations.
The report also detailed differences between CIL and Section 106 contributions as Members had sought further advice on the matter. CIL was a new charging system that could be applied to most forms of development to fund infrastructure improvements that supported the development of the authority area in accordance with the Local Development Plan. CIL would differ from Section 106 funding insofar as it could be pooled to deliver an infrastructure project that did not necessarily directly relate to the development from which it was sourced.
In terms of progress, on 21 February, 2011 Cabinet resolved to commence work on preparing a Community Infrastructure Levy for the Vale of Glamorgan. This had been done in tandem with the preparation of the Local Development Plan which was submitted to the Welsh Government in August 2015, with an anticipated adoption date of Autumn 2016. The Council intended to take immediate steps to finalise the evidence necessary to establish a draft charging schedule for CIL for the Vale of Glamorgan, with a view to adopting it as soon as possible.
This was a matter for Executive decision
(1) T H A T the progress made on Section 106 matters between April 2014 and March 2015 be noted.
(2) T H A T the report be referred to Planning Committee, Scrutiny Committee (Economy & Environment) and Community Liaison Committee for information.
Reasons for decisions
(1) To inform Cabinet of the progress made on Section 106 matters between April 2014 and March 2015.
(2) To inform the Planning Committee, Scrutiny Committee (Economy & Environment) and Community Liaison Committee of the progress made on Section 106 matters between April 2014 and March 2015.
Attached as Appendix – Report to Cabinet – 21 SEPTEMBER 2015