Agenda item

Update on Section 106 agreements and Community Infrastructure Levy

Minutes:

The Director of Planning and New Communities presented an update on Section 106 agreements and Community Infrastructure Levy (CIL).

 

Discussion and questions ensued:

·         Councillor Hales raised concern with regards to an entrepreneurial planning application for 199 houses in Melbourn and the CIL money being lost by communities and the Council. The Director of Planning and New Communities responded by clarifying that requirements to mitigate the impact of development needed to be looked at on a case by case basis. The committee was assured that with any development of a significant size, the need for certain infrastructure to mitigate the impact of the development could be demonstrated. For developments of over 500 homes, Section 106 would apply.

·         The committee was informed that options to bring forward CIL in advance of the Local Plan, were being considered by the Council. However the potential implications to the Local Plan if this were done had to be considered carefully and specialist advice was being sought on the risks of doing this.

·         The committee was informed that the Council was keeping the situation across the country with regards to CIL and Section 106 under review, and was considering what the Council’s options were.

·         The Council was also seeking advice as to whether to make changes to the CIL schedule. If this were done, public consultation would be required.

·         Members were assured that CIL and S106 was on the Council’s risk register and that communication was ongoing with Parish Councils.

·         The Director of Planning and New Communities clarified that with medium sized developments of over 11 dwellings for example, the ‘rule of five’ applied when considering securing a planning obligation. The committee was informed that mitigation of the impact of smaller development schemes was more of a challenge than for larger developments.

·         The Director of Planning and New Communities confirmed that the Local Plan examination had delayed CIL and that the Council had anticipated that the examination would have been concluded sooner. The timetable for the Local Plan examination was not known.

·         Members were informed that CIL would not be rolled out automatically and would be subject to its own examination. The duration of this however would only be a matter of days.

·         Councillor Alex Riley raised concern with regard to 7000-10,000 Northstowe homes which would be built on land in Longstanton, as the parish would not receive any financial contributions to mitigate for this development. In response, the Director of Planning and New Communities referred back to the five tests for local planning authorities to use when considering securing a planning obligation and informed Members that Northstowe would provide school places for children from the parish of Longstanton.

 

The Scrutiny and Overview Committee having NOTED the report, requested a briefing note regarding Section 106 and CIL, including the impact on new communities, be circulated to all Members. The Committee also requested that the arrangement of  a Member workshop regarding this also be considered. The Director of Planning and New Communities assured the committee that this would be considered.

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