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  • Issue - meetings

    Planning Section 106 Governance

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    Meeting: 25/10/2018 - Cabinet (Item 89)

    89 Section 106 Agreements and Financial Contributions - Proposed Governance (00-04-56) pdf icon PDF 131 KB

    To consider a report of the Head of Planning, Economy and Regeneration.Mid Devon District Council currently collects financial contributions from new development through legal agreements signed under Section 106 of the Town and Country Planning Act 1990 (as amended), sometimes also referred to as planning obligations. It is considered that the governance of the s106 contributions set out in the Councils adopted SPD can be further refined to enhance the transparency of this process. The report therefore sets out the additional recommendations for governance of s106 contributions.

     

    Additional documents:

    • Appendix B POS Full Process Flowchart, item 89 pdf icon PDF 43 KB

    Minutes:

    The Cabinet had before it a * report of the Head of Planning, Economy and Regeneration setting out additional recommendations for governance of s106 contributions.

     

    The Cabinet Member for Planning, and Economic Regeneration outlined the contents of the report stating  that the Council currently collected financial contributions from new development through legal agreements signed under Section 106 of the Town and Country Planning Act 1990 (as amended). It was considered that the governance of the s106 contributions set out in the Councils adopted SPD could be further refined to enhance the transparency of this process. He highlighted the proposed new governance arrangements:  the project specific requirement, the proposed delegated authority to the Head of Planning, Economy and Regeneration, the formation of the S106 Board and that views of the Parish and Town Council and Ward Members would be sought.  He emphasised that the proposed governance arrangements were for consultation with the Town and Parish Councils and that a further report (following the consultation process) would be brought before the Cabinet at a future meeting.

     

    Consideration was given to:

     

    ·         The process looked heavy and complicated

    ·         The Government requirements

    ·         The need to clearly explain to the Town and Parish Councils how the proposals would work

    ·         The fact that there would no longer be an open pot

    ·         The need to consider the views of the Town, Parish and Ward Members when identifying projects

    ·         The need for each Town and Parish Council Clerk to be provided with a list of the proposed projects for  their catchment areas

     

    RESOLVED that the governance arrangements as set out in the report be agreed for consultation purposes with Parish and Town Councils.

     

    (Proposed by Cllr R J Chesterton and seconded by Cllr R L Stanley)

     

    Note: *Report previously circulated, copy attached to minutes.