Agenda item

The Committee will receive an overview on the collection and monitoring of S106 and Community Infrastructure Levy (CIL) monies.  S106 and CIL are also known as developer contributions and can be used to fund local infrastructure projects.

Contributors:

Cllr Gareth Williams, Cabinet Member for Planning and Regeneration

Ian Thompson, Corporate Director, Planning, Growth and Sustainability

Darran Eggleton, Head of Planning Policy and Compliance

The Committee received and noted the report on S106 and Community Infrastructure Levy (CIL). In response to members’ questions and during subsequent discussions the following main points were noted:

• It was noted that the planning white paper had suggested that a national infrastructure levy could be introduced instead of CIL so changes could be on the horizon.
• Buckinghamshire Council had not reimbursed any developer contributions through the clawback mechanism.

• A member asked how CIL operated in the High Wycombe town area which was unparished and asked if any CIL monies had been clawed back by developers in the Wycombe District Council over the past ten-year period. It was agreed that this information would be provided after the meeting.                                                       ACTION: Steve Bambrick
• A member asked how S106/CIL was managed in connection with larger developments, particularly when developers take applications to appeal.  Steve Bambrick advised that major applications tended to be managed via Planning Performance Agreements (PPAs). If an application is very speculative and goes to appeal the Council has a duty to defend its position and would advise the planning inspector of any conditions and S106 provisions that would be needed if planning permission was granted. The planning team try to work collaboratively with applicants either through pre-application advice or PPAs in the case of major developments.
• A member advised that a S106 funded initiative was going ahead in his ward despite concerns being raised by all local members there. He wanted advice on what local members can do to influence the S106 spend. It was noted that any S106 agreement is designed to deliver an outcome required as a result of a planning decisions. Decision makers set out the requirements for the S106 so it was important to engage with the process ahead of that decision being taken at area planning committee.
• In response to a question regarding the mechanisms around CIL it was explained that when planning permission is approved, applicants are provided with a CIL liability form.  There are some exemptions such as self-build, social housing etc. The applicant must then provide a commencement notice and within 60 days they must pay the CIL. Each year the Council published an Infrastructure Funding Statement on 31^st December. This provided an overview of CIL that had been collected in each local area and across the county as a whole.
• After five years, town and parish councils must provide notice to Buckinghamshire Council detailing how the CIL monies have been spent. If it has not been spent, then Buckinghamshire Council would take back the money but it still had to be spent in that local area. It was unclear if the onus was on the town and parish council to return the money or on Buckinghamshire Council to request it after the five-year period. It was agreed that this would be clarified following the meeting.

                                                                                        ACTION: Darran Eggleton

• A member asked why only some CIL information was available online and it was noted that a fee was charged to access some S106 copies. These discrepancies were due to differences in legacy council systems which were yet to be aligned. A new specific database for CIL and S106 would be introduced which would make processes more efficient and transparent.  The Cabinet Member for Planning and Regeneration agreed that this information should be accessible and transparent.

The Chairman thanked the Cabinet Member, Steve Bambrick and Darran Eggleton for attending the meeting.