Agenda item

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed).

The Committee considered the report of the Assistant Director – Planning and Implementation providing Members with an update on the monitoring of Section 106 (S106) planning obligations. The report also sought approval of the Maldon District Infrastructure Funding Statement for the financial year 2024 / 25 (attached as Appendix 1 to the report) in accordance with the Council’s legal duties to publish an Infrastructure Funding Statement (IFS) by December each year.

The report detailed the addition funding the Council was expecting to be paid by developers for specific infrastructure requirements across the District and how the specific triggers to collect the funding associated with the S106 agreements were being monitored along with the process followed once they were met. A table within the report set out the present position regarding all funding. It was noted that S106 contributions could only be spent on new facilities or improvements to facilities where new development had, at least in part, contributed to the need for that facility or will have an impact on existing facilities.

In response to the debate and comments raised Members were advised that of the £1.8m S106 monies to be spent the majority of this was health money. The NHS were aware of what had to be spent and by when, but Officers were unable to make them spend the money and if the NHS went over the claw back period the monies would have to be returned to the respective developers. The Head of Service – Planning Policy and Implementation advised that the Council had a tracker for all potential projects and met with the NHS every six weeks during which these were reviewed to try and ensure that claw back periods were not exceeded.

The Assistant Director highlighted how Officers had been taking part in Maldon summits, which were a collaboration between Essex County Council, the NHS and Maldon District Council. At these meetings, the spend of S106 monies was always on the agenda. He highlighted that although the Council’s role was more of a custodian in respect of the monies, Officers did collaborate with other colleagues to ensure monies were spent. The Head of Service highlighted that the remaining monies related to two main areas; youth facilities (being managed by the Council) and health (managed by the NHS) and agreed that any pressure to ensure spending of those health monies would be beneficial.

In response to further comments from Members, the Chief Executive advised that he met regularly with Tom Abell, Chief Executive of the Mid and South Essex Integrated Care Board and would ensure this matter was added to the agenda for their next meeting. He also agreed that a letter would be sent from the Council to the NHS to encourage spending of the S106 monies relating to health.

The Chairperson then put the recommendations set out in the report. This was duly seconded and upon a vote being taken agreed.

RESOLVED

(i)             That the Committee considered the update on Section 106 planning obligations;

(ii)            That the Maldon District Council Infrastructure Funding Statement for the financial year 2024 / 25 (as set out in Appendix 1 to the report) be approved for publication.