Agenda item

Notice of Motion 24-02: S.106 Agreements

To consider the Notice of Motion from Cllrs Mike Sankey and Nic Puntis as attached.

Minutes:

On invitation of the Chairman Cllr Mike Sankey proposed the motion as set out in the agenda, which was seconded by Cllr Nic Puntis.

 

Cllr Puntis stated the motion had been submitted following his experience of community facility provision and S.106 legal agreements agreed through the planning processes. He provided examples of unusable sports facilities and the difficulties in expanding those that existed over an extended period.

 

Cllr Nick Botterill, Cabinet Member for Finance, Development Management, and Strategic Planning, responded to the motion, stating that the council could learn from some past experiences with S.106 legal agreements, and supported the proposal.

 

The Chairman moved that the Council debate the motion, which was seconded by the Vice-Chairman.

 

Group Leaders were then invited to comment on the motion. Cllr Richard Clewer, Leader of the Council, supported the motion in ensuring the management of community sporting facilities. He stated climate change actions regarding working with and supporting farmers in long term stewardship of the land, understanding the issues they were facing, and assisting them where possible.

 

Cllr Gordon King, Deputy Leader of the Liberal Democrat Group thanked Cllr Sankey for the explanation for his motion and offered support. Cllr Graham Wright, deputising for the Independent Group, offered his personal support for the motion.

 

The Chairman then opened the item for debate.

 

Comments in support of the motion included that some problems with development could have been avoided as part of the process for preparing a S.106 legal agreement, and the motion should help improve that situation. The need to take account of future management and maintenance of assets and facilities was highlighted.

 

There were no comments directly opposed to the motion.

 

Other comments raised examples of what was seen as loose wording within legal agreements relating to development which had led to local issues, and difficulties relating to use of school facilities.

 

During debate an issue was raised with the wording of the motion, including binding the council to secure agreement with all stakeholders, and at what stage completion of any management plan would be required. Following discussion with the Monitoring Officer, and a proposed amendment from Cllr Richard Clewer, the mover and seconder of the motion amended the wording of the motion as follows:

 

This Council requires the completion of a community sporting use management plan involving all relevant stakeholders as appropriate as part of a pre-cursor to future section 106 agreements involving the delivering of facilities that involve community sporting use.

 

At the conclusion of the debate Cllr Botterill responded to a comment made in debate regarding the use of school facilities as part of community sporting use.

 

Cllr Sankey had the opportunity to respond to the debate, and made no further comments.

 

At the conclusion of debate, it was therefore,

 

Resolved:

 

This Council requires the completion of a community sporting use management plan involving relevant stakeholders as appropriate as part of future section 106 agreements involving the delivering of facilities that involve community sporting use.

 

In accordance with the Constitution there was a recorded vote.

 

Votes for the motion (64)

Votes against the motion (0)

Votes in abstention (4)

 

Details of the recorded vote are attached to these minutes.

 

Supporting documents: