Decision Maker: Standards and Audit Committee, Cabinet
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: No
To consider what action is necessary in
• the failure by developers to provide financial contributions to the Council under old s106 legal agreements;
• the unspent funds received by the Council:
in the light of recommendations contained within a recent Internal Audit report.
The Development Management and Conservation Manager presented a report seeking approval for revised arrangements for the collection and writing off of old section 106 (s106) payments and re-allocation of existing funds.
A number of recommendations had been made following the annual audit of the s106 process which required action to be undertaken to ensure procedures were updated and outstanding agreements resolved.
Details of the outstanding s106 agreements were provided and the report explained the actions being proposed to achieve an outcome for each case.
1. That the revised arrangements for the collection and writing off of old s106 agreement payments be approved.
2. That £3,614.62 from the Percent for Art contributions be reallocated to the Percent for Art maintenance pot.
3. That £22,515 from the Percent for Art contributions be pooled into the pot for the delivery of a Percent for Art scheme at the Saltergate multi-storey car park and associated public realm improvements.
4. That £13,215.59 be re-allocated from Open Space contributions to a general play and open space refurbishment pot but that decisions on how this should be applied be held pending the adoption of the Open Space and Play Strategy for the Council.
5. That £78,336.19 be re-allocated to a general pot for improvements to parking, walking and cycling opportunities within the Borough.
6. That Derbyshire County Council be requested in writing to agree that the £2,662.85 residue from the contribution for highways works in connection with the Outwood Academy development be paid into the same general pot for improvements to parking, walking and cycling opportunities within the Borough.
REASON FOR DECISIONS
1. To progress conclusions to outstanding old agreements where payments have not been made.
2. To progress a solution to old agreements where payments have been made and the funds have not been applied.
Reason Key: Decision to transfer funds of more than £50,000 from one budget to another;
Wards Affected: (All Wards);
Contact: Paul Staniforth Email: firstname.lastname@example.org Tel: 01246 345781.
Report author: Paul Staniforth
Publication date: 04/12/2018
Date of decision: 04/12/2018
Decided at meeting: 04/12/2018 - Cabinet