Agenda item

Question Time

Meeting of Cabinet, Tuesday, 12th September, 2023 10.00 am (Item 5.)

Question from Councillor Robin Stuchbury to Councillor Peter Strachan, Cabinet Member for Planning and Regeneration

Buckingham Town Council recently wrote to six of its local Buckinghamshire Councillors to ask how they could be more involved in the early stages of Section 106 agreements. This could include involvement in such issues as an automatic inclusion of the right to adopt, limiting the necessity for management companies as so to reduce the economic tariffs on new developments to the bare minimum, and looking at economic considerations so that agreements match the aspirations in Buckinghamshire Council’s Parish Charter.

Could the Cabinet Member please explain what steps Buckinghamshire Council is willing and able to take to work and engage earlier with Buckingham Town Council on future developments and infrastructure projects?

Question from Councillor Thomas Hogg to Councillor Peter Strachan, Cabinet Member for Planning and Regeneration

You requested that I lead on the Design Code in June 2022. Since then I have worked with the Planning Officer team on the Code, but have not made the progress that I had anticipated on this issue. I have developed an optional Design Guide which has been proposed as a first step towards better urban design. It has no legal weight, which means it cannot be enforced, but the document is not meant to be. It focuses on showing property developers the merits of evidence-based urban design and how to follow the NPPF.

Could the Cabinet Member and his team re-consider the proposals contained within the Design Guide that would provide many benefits to our Buckinghamshire Communities which has such strong support within our scientific community, as evidenced by many surveys and research papers?

Minutes:

Question from Councillor Robin Stuchbury to Councillor Peter Strachan, Cabinet Member for Planning and Regeneration

“Buckingham Town Council recently wrote to six of its local Buckinghamshire Councillors to ask how they could be more involved in the early stages of Section 106 agreements.? This could include involvement in such issues as an automatic inclusion of the right to adopt, limiting the necessity for management companies as so to reduce the economic tariffs on new developments to the bare minimum, and looking at economic considerations so that agreements match the aspirations in Buckinghamshire Council’s Parish Charter.

RESPONSE from Councillor Matthews

Local Ward Members and Parish/Town Councils are consulted on planning applications and can provide comments on all aspects of the proposal. It is during the application process, prior to a determination that Members and Town/Parish Councils have an opportunity to identify and request mitigation proposals. It should be noted that identifying and requesting mitigation if the planning application is to proceed, does not prejudice or undermine your overall position. Any mitigation requests must be considered by officers in relation to the tests of lawfulness detailed within the National Planning Policy Framework (NPPF), the associated guidance (PPG) and within the Community Infrastructure Levy (CIL) regulations. Paragraph 002 of the PPG details that planning obligations can assist in mitigating the impact of unacceptable development to make it acceptable in planning terms.?

As set out within the NPPF (para 57) to meet the tests obligations must be:?

necessary to make the development acceptable in planning terms.?
directly related to the development; and?
fairly and reasonably related in scale and kind to the development.?

At the stage of drafting and finalising an S106 agreement, we are working to approved Heads of Terms. The S106 agreement is simply the legal mechanism that secures the obligations as set out in the recommendation to approve (either by the officer or planning committee). We do however publish S106 drafts 10 working days prior to completion albeit this is not a formal consultation. The Council also publishes an Infrastructure Funding Statement in relation to developer contributions secured and spent.

The Vale of Aylesbury Local Plan sets out the following under Policy I1 Green Infrastructure:

“Green infrastructure being provided must have a long-term management and maintenance strategy to be agreed by the council with assets managed for at least 30 years after completion and during this time secure a mechanism to manage sites into perpetuity. The management and maintenance strategy shall set out details of the owner, the responsible body and how the strategy can be implemented by contractors"

Long term stewardship of the public realm is important to ensure that open space provided from development is maintained to high standards. We are supportive of Town and Parish Council’s taking on the ownership and maintenance of Open Space, however, as it stands this is ultimately at the discretion of the developer. The wording of the S106 Agreements, therefore, offers flexibility for the developer to look at both options of Parish and Town Council adoption or establishing a residential management company. This also reflects that not all Town and Parish Councils have the desire to take on all responsibilities. The important part in planning terms, is that the open space is delivered and maintained to mitigate the impacts of the development. We encourage Town and Parish Councils who have interest in taking on new Open Space to actively engage in dialogue with developers and the Council as sites come forward through the planning process.

The commuted sum is required for Parishes and Town Councils to adopt as – understandably – such a process comes with a burden of ongoing additional public costs. Residents when purchasing properties on a site where a management company is in place are accepting the costs and associated obligations resulting from this. Nevertheless, the standard and quantum of Open Space will meet the required obligations of the S106, regardless of which ongoing maintenance mechanism is brought into effect.

Question from Councillor Thomas Hogg to Councillor Peter Strachan, Cabinet Member for Planning and Regeneration

RESPONSE from Councillor Matthews

Thank you for your question and indeed the time you have put into support the development of the Council’s Design Code. As you will be aware, the development of design codes is an important part of how the Council can ensure that new developments are of a high standard. Codes need to secure the delivery of high quality design, but in a way which allows for the varied and locally specific vernacular which occurs across Buckinghamshire. While the academic research you cite may have some influence on the content of the design code, it needs to be balanced with best practice as set out in the National Design Guide and National Model Design Code. It also needs to draw lessons from and support the character and qualities of the existing communities of Buckinghamshire.

I know this is a topic which you are passionate about and hence asking for you to be involved in the work to develop our design code. However, for the Buckinghamshire Design Code to have the impact required, it must be prepared in accordance with the process set out in the National Model Design Code, and must be adopted so that it has legal weight and is enforceable. Otherwise, it will do little to change design practice. This in turn means that we must ensure that such codes are aligned with national and local policies and are defendable as part of the planning process, including at appeal. So, though I deeply appreciate your commitment to the topic, the Council’s focus will continue to be on bringing forward a design code that has been prepared in accordance with the guidance. I do hope that as our thinking on design develops further, particularly in the production of ‘B’ codes, that we may be able to incorporate some of the thinking that you have been developing.