Agenda item

In accordance with Council Procedure Rule 8, to allow members of the public to ask questions about the Council’s activities.  The following question was received:

(a)   Question submitted by Mr D Webb to the Portfolio Holder for Growth

In accordance with Council Procedure Rule 8, Members of the Public were able to put questions about the Council’s activities.  The following question was received:

(a)    Question submitted by Mr Webb to Councillor Munro, Portfolio Holder for Growth:

“In light of the County Council’s Infrastructure Monitoring Reports and confirmation from a County Council planning officer that no SEND contributions were secured in the 2020/21 reporting year also, can the Council explain why it has not obtained any SEND contributions through planning developments in over five years and if this is a moral failure of the districts most vulnerable children?”

Councillor Munro responded using Microsoft PowerPoint which included the following information:

“The question posed by Mr Webb is a bit confusing as it specifically asks about the year 2020/2021, but then goes on to ask about the following five years and as it is framed assumes there are no further updates to the County’s infrastructure reports since the 2020/2021 he has made reference to Derbyshire County Council which is required to produce an annual Infrastructure Funding Statement (IFS) under the provisionsof Community Infrastructure Levy Regulations (CIL) 2010 (as amended).

The last IFS that is available on DCC’s website is for the year 2022/2023, with superseding years also available to view. 

The IFS for 2021/2022 shows that DCC collected SEND contributions totalling £76,769.99 from only 1 of the 8 district and borough councils in the reporting period.  That being as shown next Amber Valley Council.

The IFS for 2022/2023 shows that DCC collected SEND contributions totalling £345,556.55 from only 2 of the 8 district and borough councils in this reporting period.

I can confirm that there was no SEND contributions collected specifically from Bolsover District Council in the 2021/2022 and 2022/2023 periods published.

Notwithstanding this, the wider context of how, why and when SEND contributions are requested is important, as they are one of a number of S106 categories that the County Council seek from developers. DCC will only make requests for education contributions on major planning application categories for residential development, so where there is an evidential need to do so. Similarly, Bolsover DC will only consider these contributions in the planning balance when a specific request by DCC as the education authority is made 

To determine whether Bolsover District Council have met with the requests sought by DCC in relation to education and SEND the question posed we should look at all planning permissions granted in the past 4 years, rather than simply relying on the 2020/2021 or 2021/2022 IFS published by DCC.

In that context, in the 4 years inc. 2021/2022, 2022/2023, 2023/2024, and 2024/2025 there were 17 major planning applications for residential development determined by Bolsover District Council which may have generated a request from DCC for a SEND contribution.

2021/2022

1. 20/00166/FUL - DCC Ed response 14/05/2020 – no SEND contribution requested

2. 20/00185/OUT - DCC Ed response 22/06/2020 - no contributions sought

3. 20/00590/FUL – Conversion to 12 no. 1 bed flats - so no DCC Ed response invited

4. 20/00238/FUL - DCC Ed response 13/11/2020 – no SEND contribution requested

5. 21/00301/FUL - DCC Ed response 14/06/2021 – no contributions sought

6. 20/00259/FUL - DCC Ed response 28/07/2020 - no contributions sought 

7. 21/00051/FUL - DCC Ed response 25/02/2021 - no contributions sought

8. 21/00421/FUL - DCC Ed response 09/08/2021 - no contributions sought 

9. 21/00640/FUL - DCC Ed response 11/09/2021 - no SEND contribution requested

2022/2023

10. 21/00306/FUL - DCC Ed response 14/06/2021 - no SEND contribution requested 

11. 21/00464/TDC - DCC Ed response 03/09/2021 - no SEND contribution requested 

12. 21/00078/FUL - DCC Ed response 27/10/2021 - no SEND contribution requested 

13. 18/00452/OUT- DCC Ed response 01/10/2018 - no SEND contribution requested

2023/2024

14. 22/00380/FUL - DCC Ed response 23/08/2022 - no SEND contribution requested 

15. 22/00229/FUL - DCC Ed response 22/07/2022 - no SEND contribution requested

2024/2025

16. 22/00402/FUL – DCC Ed requested a SEND contribution of £119,316.42 on 02/05/2023 and  this was secured as a contribution via S106 agreement dated 22/07/2024

17. 22/00485/FUL - DCC Ed response 17/10/2022 - no contributions sought

Therefore, as a direct response to the question the Council has not failed in their duty, as the decision to collect any education contributions have formed part of the planning balance for those decisions taken.

In conclusion, Mr Webb all the information I have shared with you and the rest of the Council chamber in answering your question is freely published and available on the website of Derbyshire County Council and Bolsover District Council.  I am more than happy to ensure that you receive a written copy of my response and I am aware that you wish to ask a supplementary question.”

In accordance with Council Procedure Rule 8.8 Mr Webb put the following supplementary question after being asked to refrain from making statements:

“Can the portfolio holder specify what actions Bolsover District Council will take independent of Derbyshire County Council to ensure future planning developments prioritise SEND contributions and will the Council support a vote to refer the matter to the Executive for a detailed report to be presented at a future meeting?  The question is will you support a vote today – yes, or no?”

Councillor Munro requested that Mr Webb send in his supplementary question  rather than a statement then I will ensure a written response would be provided.  On being challenged by Mr Webb it was confirmed that Councillor Munro could respond to the supplementary in writing and Mr Webb was asked to return to his seat.