Agenda item

O&S.49/18     

The Panel considered a report that provided an update on the latest position regarding Section 106 Agreements.

In discussion, reference was made to:-

(a)   the ‘Review into the Process for Spending Section 106 Deposits for Affordable Housing’.   The Panel was reminded of the debate at the Executive meeting held on 14 June 2018 (Minute E.04/18 refers) and the subsequent recommendation arising from this meeting:

‘That the Overview and Scrutiny Panel be asked to undertake a review into the process for Spending Section 106 Deposits for Affordable Housing.’

In light of this request, the Panel agreed that this matter should be added to its Work Programme for consideration at its next meeting on 1 November 2018.

(b)   the local town and parish council for each development site.  The Panel requested that an additional column be added to the Schedule that listed the local town and parish council for each site.  Furthermore, Members asked that consideration be given to the Schedule being revised to include the Devon County Council requirements and their respective trigger points.

The point was also made by the Panel that there was a need for Members and town and parish councils to be able to access (and/or obtain copies of) the Schedule as it evolved.  To reflect this view, it was PROPOSED and SECONDED and on being put to the vote declared CARRIED:-

‘That officers consider the most appropriate means of disseminating the Schedule to all Members and Town and Parish Councils.’

(c)    the non-compliance issues.  Having been informed that officers were monitoring non-compliance issues, the Panel requested that this information also be made available to the wider membership;

(d)   pursuing Section 106 monies.  In response to a question, officers gave a firm commitment that outstanding funding contributions from Developers were robustly pursued via the Council’s Debtor Systems;

(e)   theLangage Energy Centre.  During the debate, it became apparent that a number of Members would find an update on the Langage Energy Centre useful.  As a consequence, it was PROPOSED and SECONDED and when put to the vote declared CARRIED that:-

‘A ‘Langage Energy Centre Update’ be considered by the Panel at a meeting during early 2019.’

(f)   the Member role in the process.  Some Members emphasised the important role to be played by Members in this process.  In particular, the importance of Members regularly checking and monitoring the schedule and ensuring that their local town and parish councils were kept fully informed was highlighted.

In conclusion, a number of Members welcomed the report and it was requested that this be reflected in the Panel resolution.

It was then:

RESOLVED

1.     That the report, progress and improvements made in monitoring and administering Section 106 Agreements be welcomed;

2.     That, in the future, the monitoring of administration of Section 106 Agreements be reported through the Internal Audit Reporting Cycle;

3.     That the Panel Work Programme be updated to include a ‘Review into the Process for Spending Section 106 Deposits for Affordable Housing’ at its meeting on 1 November 2018;

4.     That a ‘Langage Energy Centre Update’ be considered by the Panel at a meeting during early 2019; and

5.     That officers consider the most appropriate means of disseminating the Schedule to all Members and Town and Parish Councils.