Agenda item

The Chairman of the S106 Task Group was in attendance to present an update report following its meeting held on 18 May 2011.

Clarification was provided that concern had been expressed over the completion of the database housing details of S106 agreements and its accessibility by the public.  It was understood that the database was now expected to be completed by August 2011 and, accordingly, the Group requested that it continue its work and meet again in September to review progress made.

The report also highlighted that following Full Council Cllr Toby Sturgis had been appointed the Cabinet Member for Development Control Services and that in attending the previous meeting of the Group had confirmed that monitoring of S106 agreements would be undertaken under his direction.

Although it was recognised that the Cabinet Member had agreed to monitor agreements, concern was raised that at officer level uncertainty remained over monitoring with S106 agreements falling within the Development Control, Finance and Legal departments.

The Corporate Director for Resources clarified that the Service Director for Development Services was currently leading on the S106 database which fell within the remit of the Corporate Director for Neighbourhood and Planning and would carry on with future overall responsibility.

Ensuing discussion included concern that clarity could still not be provided on how many S106 agreements existed, the number of agreements approaching their 5 year term and the risks associated with this. 

The Scrutiny Officer advised that the database contained this information and that examples had been provided for the Task Group at its previous meeting.

Members also noted the important role that both Town and Parish Councils had to play in the monitoring of S106 monies within their areas and therefore public access to the information was vital.

A reminder was also provided that the Community Infrastructure Levy (CIL) which would take over many of the areas currently covered by S106 agreements had not yet been implemented by Wiltshire Council although it was understood that legislation required implementation no later than April 2014. 

The Chairman of the Committee acknowledged the good work undertaken by the Task Group which had highlighted areas of concern which were now being addressed by Cabinet. 

Resolved:

1)            To thank the Task Group for the update;

2)            To welcome progress made towards cataloguing S106 agreements agreed by Wiltshire Council but; to voice concern about the ongoing risks associated with the ambitious (August) database completion date, when considering historic agreements yet to be recorded;

3)            To ask the Task Group to meet again in September to establish if the database had been completed and to review the options for making it accessible to the public;

4)            To acknowledge the Cabinet Member for Development Control Services commitment to owning the monitoring process; and in recognition of this to request that an update is provided to the Chairman and Vice-Chairman of the committee by July outlining how he intends to ensure we have a coordinated approach between council services towards the monitoring of agreements; and

5)            To request that the Environment Select Committee retains a watching brief on development of the Community Infrastructure Levy (CIL) and to include CIL on their forward work programme as appropriate.