Leader of the Council – Regeneration Cabinet Member – Minutes – 5 October 2011

5  (5)  SECTION 106 – The Head of Regeneration and Planning submitted a report seeking approval of the proposals to manage Section 106, (S106) of The Town and Country Planning Act 1990.

The report clarified that Section 106 (S106) of the Town and Country Planning Act 1990, allowed a local planning authority to enter into a legally binding planning obligation with a land developer and could facilitate development which might not be enabled by the use of traditional planning application and permission procedures.

Section 106 agreements were intended to improve the quality of the development, or overcome difficulties which would otherwise result in planning permission being refused and included such things as affordable housing, open space, children’s play areas, contributions for schools, improved transport facilities etc. It was considered that the creation of a section 106 resource would see numerous benefits to securing and monitoring S106 agreements.

There were limited formal procedures to manage and monitor new and existing S106 agreements. The Head of Regeneration and Planning explained that once these legal documents had been signed it was important that they were co-ordinated, monitored and integrated with in the Council. Enforcement officers from the Development Control team had recently taken on this role, however this had been extremely resource intensive. A review of current S106 agreements had indicated that there was potentially around £10m in financial income yet to be spent if the approved schemes were implemented.

It was recommended that the Council seconds, the West Lindsey District Council Section 106 officer for one day a week, to undertake negotiation and monitoring existing 106 agreements for an initial period of twelve months.

This would be achieved through an agreed Service Level Agreement between North Lincolnshire Council and West Lindsey District Council and it was anticipated that a plan for future s106 provision would be produced within the 12 months. 

Resolved – That the Council seconds the West Lindsey District Council Section 106 officer for one day a week, to undertake negotiation and monitoring existing 106 agreements for an initial period of 12 months.  

Reports