Issue - meetings

To consider a report of the Head of Planning, Economy and Regeneration following a previous audit report which flagged up the need to review and formalise governance arrangements. Draft proposals were subsequently drawn up and sent out for consultation with Parish and Town Councils. This report brings together the output from that consultation and subsequent amendments to draft governance proposals.

The Cabinet had before it a *report of the Head of Planning, Economy and Regeneration which followed a previous audit report which flagged up the need to review and formalise governance arrangements. Draft proposals were subsequently drawn up and send out for consultation with Parish and Town Councils and the report brought together the output from that consultation and subsequent amendments.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that a Planning Policy Advisory Group Working Group had been formed especially to look at S106 Governance.

He explained that the new arrangements would see views sought from Parish or Town Council and Ward Members within the catchment area in advance (28 days allowed). A S106 Board would be introduced for spend in excess of £10k.

Consideration was given to:

·         The 28 day timeframe for Town and Parish Council’s to respond and that this could be assessed on a case by case basis

·         That Development Delivery Advisory Group (DDAG) should have oversight of S106 matters on large developments and a meeting of this group would take place once the membership of the Group had been established

RECOMMENDED to Council that:       

a)    The governance arrangements in appendix 1 be adopted subject to the inclusion of the Cabinet Member for Climate Change in paragraph 2b (spend >£10,000)

(Proposed by Cllr R J Chesterton and Seconded by Cllr R B Evans)

Reason for the Decision There remains a need to agree governance arrangement for S106 agreements even in light of likely legislative change which would require a further review. The arrangements set out in Appendix 1 had been updated following consultation with Parish and Town Councils and input by the Planning Policy Advisory Group.

Note: *report previously circulated and attached to the minutes

To receive the proposed governance arrangements for S106 agreements being presented to Cabinet

The Committee had before it, and NOTED, a *report from the Head of Planning, Economy and Regeneration providing an update on the proposed S106 Agreements Governance and Financial Contribution arrangements.

The Head of Planning, Economy and Regeneration explained that the Committee had before it a briefing note and the latest draft of the S106 Governance arrangements which was due to be presented to the Cabinet. She explained that the Planning Policy Advisory Group had provided input to the proposed scheme and invited comments from Members of the Scrutiny Committee which would be included in the final Cabinet report.

The Officer explained the difference between S106 funding and Community Infrastructure Levy (CIL) which both were both types of developer contributions. The Community Infrastructure Levy had not yet been introduced in Mid Devon. She explained that prior to 2015, the Local Planning Authority could take generic contributions but they now had to be more specific at time of negotiation. She further explained that the Local Plan Review had been approved and that the Government had recently indicated an intention to reform developer contributions including S106 requirements.

Members discussed the revised governance and funding proposals and provided the following comments:

·         That Members were not provided with details of legacy S106 monies or how this could be accessed

·         There was not enough information available to the public on who could apply for S106 funding and what could be applied for

·         That Ward Members were not involved with the initial negotiations with developers and had no insight of what was being proposed

·         That the publication of public information by year end was not an acceptable timeframe

·         The information supplied to Town and Parish Councils was not acceptable and training on the new arrangements must be provided

·         There was not enough transparency of accountability

Note: *report previously circulated and attached to the minutes

To consider a report of the Head of Planning Economy and Regeneration regarding governance arrangements for Section 106 agreements and financial contributions.

The Leader advised that the item had been deferred to a future meeting.