Agenda item

·         Final Report on the S106 Review

·         Notes of the meeting held 12^th April 2016

The Chairman of the Business Improvement Working Group presented the final report of the on the S106 Review. Members had undertaken an extensive and in-depth review of the procedures used for S106.

One of the biggest concerns originally was lack of Member involvement and communication and this was reflected in the review and recommendations.

The Committee welcomed the report.

Some Members were concerned about the point on page 15 of the agenda that it would not be appropriate for Members to be involved at the stage of negotiation of the agreement between the legal team and the developer. Some Members argued that information should be available to Members at all stages. However the Chairman reassured Members that they could speak to the case officer and legal team before the decision was ratified, rather than being involved with the meeting. But Members remained concerned about this point and also that this put the onus on the local Member

The Chairman of the Working Group hoped that the report would help the S106 procedure become clearer for Members.

The Committee noted that the North Horsham scheme had been negotiated on its own framework criteria.

There was also some concern surrounding the ‘clawback’ issue and whether the Members would have access to all the information.

In view of the comments made by the Committee, it was agreed that the recommendations would be approved, subject to the Chairman of the Working Group working with the Chairman of the Committee and meeting with the Director of Planning, Economic Development and Property, in order to finalise the two issues raised. An additional comment would be included in the report. This would be reported back to the Committee for approval.

RECOMMENDED TO CABINET

1          When members are notified of a major application (ie ten units or above) in their ward, this advice should also indicate if the application is likely to be subject of an S106 agreement. This would give the members an opportunity to take advice from Parish Councils as to opportunity and requirements and relay this information to the case officer before instructions are issued to the Legal Team to prepare draft agreement.

2          Members should be notified of the proposed “Heads of Terms Requirements” of the S106 agreement at the same time as the Legal Department are instructed to draft an agreement.

This would give the members a further opportunity to have discussions with the case officer. The member would also then be aware of the start of the “Consultation Period” and would have the opportunity to keep in touch with any responses to the consultation document.

3          That a “Clawback” clause be included in all in future S106 agreements where the proportion of affordable housing does not meet the required level, following negotiation through a viability agreement.

4          At briefings on planning applications the officers will present a summary of the Heads of Terms within current S106 agreements being negotiated

5          Heads of Terms within committee reports should explained in more detail than currently is the practice

6          The Chairman of the relevant planning committees would be sent copies of all the Heads of Terms at the same time that they are sent to Local Members. It would then be at the discretion of the Chairmen whether members from other wards should be sent the information as well.