PERFORMANCE SCRUTINY PANEL 7TH JULY Report of the Strategic Director of Neighbourhoods and Community Wellbeing PART A

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1 PERFORMANCE SCRUTINY PANEL 7TH JULY 2015 Report of the Strategic Director of Neighbourhoods and Community Wellbeing PART A ITEM 6 UTILISING SECTION 106 FUNDS Purpose of the Report To allow the Panel to consider the progress on the utilisation of Section 106 (S106) funding. Background At the meeting of the Scrutiny Management Board held on 23rd April 2014, it was proposed that a scrutiny panel be formed to look at issues surrounding Section 106 funding, specifically the processes for making delegated decisions on how monies were utilised for local projects. The Board resolved that a presentation setting out the processes for utilising Section 106 funds should be considered by the Board at its meeting to be held on 18th June 2014 to enable it to consider whether a scrutiny panel should be formed to investigate the matter. Accordingly, the Strategic Director of Neighbourhoods and Community Wellbeing will gave a presentation on the matter at the meeting. Subsequently a Scrutiny Panel was established on s106, with a work programme. The Panel completed its work in February of this year, with the outcomes reported to Cabinet in April Report Implications Financial Implications None Risk Management There are no specific risks associated with this decision Background Papers: Officer to contact: None Chris Traill Strategic Director of Neighbourhoods and Community Wellbeing ( ) chris.traill@charnwood.gov.uk 1

2 Part B Section 106 Background 1. A cross-directorate working group was established last year, chaired by the Strategic Director for Neighbourhoods and Community Wellbeing. 2. The group has been: ensuring an up to date and accurate centralised list of contributions. clarifying the mechanism for negotiation of contributions and who else should be involved at this stage to ensure that we are optimising value for money, benefit and impact. clarifying the mechanism for managing the resource once it is received in the organisation to optimise awareness and efficiency and timeliness of spend. agreeing a clear and transparent responsibility for timely decision making and key actions points. Current Position 3. The current monies received and current spend in 2014/15 are set out in the attached Appendices A and B respectively. The disparity between these figures reflects the timing of when monies come in to the authority, or the way amounts are accrued to specific projects agreed with local communities. The group has continued to review this throughout the year. 4. It must be noted that not all S106 monies spend is allocated by Charnwood, as a proportion is received and spent directly by Health agencies, Leicestershire County Council or in rare instances on specifically negotiated private schemes. 5. The group also has a role to play in looking forward at new contributions that can be considered well in advance to give greater synergy across different pots in the same geographical area. Appendix C is used as a pro forma with groups/ parishes to help inform this process. 6. The majority of contributions have been committed to a scheme or are being considered to be committed to join up separate contributions in a particular locality. 7. Where contributions have been delayed in spend, there are mostly good reasons for this, i.e. to create a bigger scheme pot once more contributions have come on line or where the contribution spend is dependent upon a legal requirement which may have an uncertain end date, like land adoption. 2

3 8. Group members have been working with other agencies in relation to contributions allocated to health, emergency services or schools. A health representative now attends the working group, reporting on the level of spend on health related projects. Going Forward 9. Now that the Local Development Framework, Core Strategy and Open Spaces Strategy are being progressed, there is a need for a continued joined up approach to S106 as contributions will increase as more developments come forward and are approved. The need for forward planning across project schemes and maximising resources to the greatest benefit for an area will become all the more vital. This will continue to form a key aspect of the remit of this working group. 10. Following changes to the law in respect of how S106 funds can be used, legal advice has been sought on permissions on pooling and spending remaining balances to avoid exposing the authority to risk. 11. The group will continue to have cross-directorate representation to ensure a joined up approach to awareness and allocation and commitment to this task. 12. Following the decisions made by the Cabinet when it considered the report of the Section 106 Funds Scrutiny Panel, work is underway to develop protocols to further facilitate the involvement of Borough Councillors and parish/town councils in S106 processes. In addition, awareness raising sessions are proposed with individual parishes as part of ongoing parish council training. 13. In addition, there is currently considerable work with individual parishes on their individual proposals for S106 spend. 3

4 S106 Amounts received from Developers in 2014/15 Village/ Town Purpose Amount Received Amount Received Anstey Childrens play 10, Youth and adult recreation 7, Anstey sub total 17, Barrow upon Soar Healthcare Childrens play 25, Youth and adult recreation 39, Barrow upon Soar sub total 65, Loughborough Maintenance 5, Childrens play 30, Play 13, Youth and adult recreation 9, Library Healthcare 10, Loughborough sub total 69, Sileby Maintenance 1, Sileby sub total 1, Syston Play 48, Healthcare 52, Youth and adult recreation 31, Sileby sub total 132, Thurmaston Childrens and young adult's recreation 51, Thurmaston sub total 51, Total received 2014/15 338,

5 S106 Amounts spent in 2014/15 Village/ Town Purpose Amount Spent Amount Spent Details on spend Anstey Maintenance Maintenance Anstey sub total Barrow upon Soar Youth and adult recreation 5, Barrow Town Cricket Club upgrading changing rooms Barrow upon Soar sub total 5, Birstall Maintenance 1, Maintenance Birstall sub total 1, Loughborough Youth and adult recreation 116, Radmoor Road MUGA, Great Central Road MUGA, Jubilee Park MUGA and Southfields Park parkour Maintenance 2, Maintenance Library Library - passed to Leicestershire County Council Loughborough 119, Queniborough Youth and adult recreation 6, Outdoor fitness equipment at King George V playing field Childrens Play 2, Outdoor fitness equipment at King George V playing field Queniborough sub total 8, Quorn Rearsby Maintenance Maintenance Quorn sub total Childrens Play 13, Jubilee Play Area Rearsby sub total 13, Rothley Youth and adult recreation 19, Rothley Ivanhoe Tennis Club for floodlight inprovements Community Facilities - Recreation or Community 3, Rothley Ivanhoe Tennis Club for floodlight inprovements Wildlife Area 60, Rothley Lodge Wildlife Area Rothley sub total 83, Shepshed Maintenance 5, Maintenance Affordable Housing 35, New affordable dwelling in Shepshed Shepshed sub total 40, Sileby Syston Youth Recreation and Play 31, Skatepark in Sileby Memorial Park - Recreation 7, Skatepark in Sileby Memorial Park - Childrens Play 7, Butler Way goal and play equipment Maintenance Maintenance Sileby sub total 46, Play 4, Archdale Street Play Area. Community and Recreation 5, Archdale Street Play Area. Public Space 46, Archdale Street Play Area. Youth and adult recreation 5, Central Park outdoor fitness equipment CCTV 1, CCTV monitoring cost Syston sub total 62, Total spent 2014/15 381,

6 APPENDIX C Section 106 Required Information Section 106 monies Required Project Information Name & Location of Project Outline of project How need has been identified e.g. Parish Plan, Consultation Evidence of security of tenure e.g. deed, lease Cost: Copies of 3 Estimates or Quotes to be provided. Contingencies Timescales for delivery Estimated start and completion dates Phases approach to if applicable Does project require Planning? Y/N Evidence to be provided that this has been confirmed by planning Breakdown of funding Indicate if applied for or secured if external funding Sketch and/or plans including site maps and location To be provided 6

7 Evidence of how meets RT3 Childrens Play / RT4 Youth & Adult Recreation Additional requirements Pitches Sports Development Plan (seek advice from Sports and Active Recreation Team) Specifications Buildings Outline of planned utilisation 7