The Committee considered the report of the Head of Development Management setting out details of a proposed variation to the terms of the existing S106 agreement dated 15 November 2002 in relation to application MA/02/0820.  It was noted that:-

·  The S106 agreement potentially secured a financial contribution of up to £500,000 towards the provision of a new footbridge over the River Medway and/or improvements to the high level footbridge (adjacent to the railway bridge) over the River Medway in the vicinity of the development and/or the extension of the riverside walkway northwards from the site.

·  There were a number of issues relating to the S106 agreement as currently worded.  The contributions secured could not be used for the purchase of land in order to carry out the improvement works, only for their construction and operation.  In addition, all of the necessary permissions and pedestrian consents needed to be in place before the Council could draw the money from the developer.  This would potentially involve significant expenditure that could not be set against the contributions at a later date.  Furthermore, the sum stated in the S106 agreement was up to £500,000 and not necessarily £500,000.

·  Given that the provision of a new footbridge over the River Medway was unlikely, primarily due to the high cost, and that a considerable period of time had elapsed since the agreement was signed and the agreement as currently worded did not provide absolute certainty in relation to the actual contribution, which was dependent on all necessary permissions and consents first being in place, and this had not occurred to date, the Assistant Director of Regeneration and Cultural Services had negotiated and informally agreed an alternative course of action with the developer.

·  It was now proposed that the developer would make a single payment of £300,000 to the Council, rather than the potential contribution of up to £500,000, and that this payment would not be dependent on all necessary consents and permissions being in place.  In return the Council would covenant to spend the contribution on works that would include the improvement of the towpath to the north of Scotney Gardens to assist in the provision of currently missing links to existing stretches of riverside walkway and also works to improve the high level footbridge.

·  The potentially revised contribution had been considered in relation to the requirements of Regulation 122 of the CIL Regulations, which set out three tests against which S106 contributions should be judged.  Obligations should be:- 

Ø  necessary to make the development acceptable in planning terms;

Ø  directly related to the development; and

Ø  fairly and reasonably related in scale and kind to the development.

  The Assistant Director of Regeneration and Cultural Services considered that providing the missing towpath links and undertaking improvements to the high level pedestrian footbridge were key to enhancing the leisure and tourism potential of the riverside (a long term aim of the Council) and also improving links over the River between Maidstone East and Maidstone Barracks railway stations,  ...  view the full minutes text for item 328