Agenda item

The Principal Planning Policy Officer updated Members on the progress in respect of the monitoring of Section 106 agreements.

Section 106 agreements were a type of legal agreement between the Council and landowners / developers that were commonly completed alongside applications for planning permission for major developments. They were needed to deal with the additional pressures on infrastructure that resulted from new developments. They were only required where the development would otherwise be unacceptable in planning terms and where they could not be dealt with by conditions of the planning permission.

If the Council failed to spend the monies provided through a section 106 agreement within a set period, often 5 years, there would be a risk that the developer would be entitled to request the money back.

The Council’s Section 106 agreement monitoring procedure required sums within 24 months of their deadline be brought to Members attention.

In the previous update, 8 sums were within their 24 month deadline as at 17^th April 2023. Currently, there were still 8 sums within their 24 month deadline which were detailed in paragraph 2.3 of the report.

Since the update presented to Planning Committee in June, £3,360 for Outdoor Sport from the Meridian Close development in Bolsover had now been spent. In addition, there had been significant progress with regard to the £52,000 sum for the Open Space from the Station Road Development in Langwith Junction, with the majority of the monies now spent. There were plans in place for the remaining £64.23 to be used towards the cost of park benches.

Spa Croft, Tibshelf; the Chartered Legal Executive was currently preparing the Section 106 extension documents for formal agreement to extend the project by two years. Councillor Justin Gilbody advised that as a Tibshelf Parish Councillor, he would be happy to liaise with them if required.

Rosewood Lodge Farm – Outdoor Sport; some of the money had now been spent and there was a plan to spend the remainder. There was, however, an ongoing issue due to vandalism of the structure that had been recently erected and now needed to be replaced. As this was an unusual and complex matter it may incur a delay whilst it was dealt with by the insurers.

Rosewood Lodge Farm – Health; the Integrated Care Board (ICB) were currently formulating a detailed plan to provide additional health facilities in the vicinity of the development. It was confirmed that they had been reminded of the spend deadline.

Mansfield Road, Tibshelf - Outdoor Sport; the Leisure Special Projects Officer advised Committee that there hadn’t been much progress made on the 3G FTP proposal for Shetland Road due to an issue relating to ownership of the site. Alternate projects were currently being looked at such as a multi-use games area (MUGA) as Tibshelf was one of the few settlements without one.

Station Road, Langwith – Health; the Integrated Care Board (ICB) had been notified that it was within the 2 year spend period and suitable schemes were now being looked at.

Moved by Councillor Duncan McGregor and seconded by Councillor Tom Munro

RESOLVED that the report be noted.

The meeting concluded at 11:47 hours.