Contact your Parish Council
Strategic Planning and Infrastructure Committee |
8 March 2022 |
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S106 Update Spend by Dates |
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Final Decision-Maker |
Strategic Planning and Infrastructure Committee |
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Lead Head of Service |
Rob Jarman |
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Lead Officer and Report Author |
Rob Jarman and Carole Williams |
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Classification |
Public |
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Wards affected |
All |
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Executive Summary
At the 11 January 2022 meeting of this committee, Members resolved that officers attempt to extend the expiry date for those agreements nearing their spend by date. This report provides the requested update as set out in the attached Appendix. |
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Purpose of Report
Noting
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This report makes the following recommendations to this Committee: |
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1. That the report is noted. |
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Timetable |
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Meeting |
Date |
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Strategic Planning and Infrastructure Committee |
8 March 2022 |
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S106 Update Spend by Dates |
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1. CROSS-CUTTING ISSUES AND IMPLICATIONS
Issue |
Implications |
Sign-off |
Impact on Corporate Priorities |
The four Strategic Plan objectives are:
· Embracing Growth and Enabling Infrastructure · Safe, Clean and Green · Homes and Communities · A Thriving Place · We do not expect the recommendation will by itself materially affect achievement of corporate priorities. However, it will support the Council’s overall achievement of its aim of enabling infrastructure by providing a position statement. · Accepting the recommendations may materially harm the Council’s ability to achieve [corporate priority]. We set out the reasons we think, nevertheless, the proposed action remains the best approach within section 3 [preferred alternative]. · Accepting the recommendations will materially improve the Council’s ability to achieve [corporate priority]. We set out the reasons other choices will be less effective in section 2 [available alternatives]. |
Rob Jarman Head of Planning & Development |
Cross Cutting Objectives |
The four cross-cutting objectives are:
The report recommendation(s) supports the achievement(s) of the xx xx cross cutting objectives by [XX] .
The report recommendation(s) impairs the achievement of the cross-cutting objectives by [XX]
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Rob Jarman Head of Planning & Development |
Risk Management |
The report reduces risk by focusing on ‘spend by’ dates. |
Rob Jarman Head of Planning & Development |
Financial |
We expect accepting the recommendations will result in net extra income of £x. This income is above/within amounts already accounted within the Council’s financial planning. |
Mark Green Section 151 Officer & Finance Team |
Staffing |
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Rob Jarman Head of Planning & Development |
Legal |
· Accepting the recommendations will fulfil the Council’s duties under [act]. Failure to accept the recommendations without agreeing suitable alternatives may place the Council in breach of [act]. · Acting on the recommendations is within the Council’s powers as set out at [x]. |
Cheryl Parks Mid Kent Legal Services (Planning)
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Privacy and Data Protection |
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Policy and Information Team |
Equalities |
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Policy & Information Manager |
Public Health
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· We recognise that the recommendations will have a positive impact on population health or that of individuals. · We recognise that the recommendations will not negatively impact on population health or that of individuals. · We recognise the recommendations may have varying impacts on the health of the population or individuals within Maidstone. Therefore, we have completed a separate health impact assessment. · In accepting the recommendations, the Council would be fulfilling the requirements of the Health Inequalities Plan
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Public Health Officer |
Crime and Disorder |
· There are no crime and disorder implications. · The recommendation will have a negative impact on Crime and Disorder. The Community Protection Team have been consulted and mitigation has been proposed
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Rob Jarman Head of Planning & Development |
Procurement |
· The actions need procurement that for [reasons] we cannot complete in line with financial procedure rules. So, we will seek a waiver through [procedures] |
Rob Jarman Head of Planning & Development & Section 151 Officer |
Biodiversity and Climate Change |
The implications of this report on biodiversity and climate change have been considered and are;
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James Wilderspin Biodiversity and Climate Change Manager |
2. INTRODUCTION AND BACKGROUND
2.1 At the 11 January 2022 meeting of the Strategic Planning and Infrastructure Committee, Members resolved that the report; be presented to the Committee bi-annually and officers be requested to attempt to extend the expiry date for those agreements nearing their spend by date. This report provides an update to the January report.
2.2 Officers sought responses from the NHS/CCG, Parish Councils and the Council’s Parks and Recreation team in relation to those sums secured which have spend dates of on or before the end of the spring 2022. It was made clear to the infrastructure providers that those sums were at risk of being lost back to the developer if they failed to spend the sums before the payback date towards the provision of infrastructure identified within the S106.
2.3 The resulting communication with infrastructure providers offered some positive responses; the NHS and Railway providers are to request from the Council to spend the sums before the end of the financial year.
2.4 In addition, the Parish Councils and officers have engaged in discussions with developers to modify those S106 obligations and include agreement from the developer to extend the payback dates.
3. AVAILABLE OPTIONS
3.1 This report is for information only.
4. PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS
4.1 N/A
5. RISK
5.1 The report reduces the risk of monies not being spent.
6. NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION
6.1 N/A
7. REPORT APPENDICES
The following document is to be published with this report and form part of the report:
Appendix 1: Updated S.106 Spend by Dates to May 2023