Agenda and draft minutes

Scrutiny (Community and Regeneration) Committee
Wednesday, 13th February, 2019 6.00 pm

Venue: Council Chamber - Dover District Council. View directions

Contact: Jemma Duffield  Democratic Services Officer

Items
No. Item

80.

Apologies

To receive any apologies for absence.

Minutes:

An apology for absence was received from Councillor N Dixon.

81.

Appointment of Substitute Members

To note appointments of Substitute Members.

Minutes:

There were no substitute Members appointed.

 

82.

Declarations of Interest pdf icon PDF 37 KB

To receive any declarations of interest from Members in respect of business to be transacted on the agenda.

Minutes:

There were no declarations of interest made by Members.

83.

Minutes

To confirm the Minutes of the meeting of the Committee held on 4 July 2018, 5 December 2018 and 16 January 2019 (attached).

Minutes:

The Minutes of the meetings held on 4 July 2018, 5 December and 16 January 2019 were deferred to the next meeting.

84.

Public Speaking

Please note that in accordance with the agreed Protocol for Public Speaking at Overview and Scrutiny, the right to speak does not apply to any items on the agenda.

 

The right of the public to speak does not apply to the following agenda items: Apologies, Appointment of Substitute Members, Declarations of Interest, Minutes, the Forward Plan, the Scrutiny Work Programme, any agenda item that is not accompanied by a written report and items that are exempt business.

Minutes:

The Democratic Services Manager advised that no members of the public had registered to speak on items on the agenda to which the public speaking protocol applied.

85.

Decisions of the Cabinet Relating to Recommendations from the Scrutiny (Community and Regeneration) Committee

There were no decisions taken by the Cabinet at its meeting held on 4 February 2019in respect of recommendations from the Scrutiny (Community and Regeneration) Committee.

Minutes:

There were no items of business to consider.

86.

Issues referred to the Committee by Council, Cabinet, Scrutiny (Policy and Performance) Committee or another Committee

There are no items for consideration.

Minutes:

There were no items for consideration.

87.

Items called-in for Scrutiny or placed on the agenda by a Member of the Committee, any individual Non-Executive Members or Public Petition

(a)    Items placed on the agenda by a Member of the Committee or any individual Non-Executive Member

 

       Any individual Councillor may request that a matter is placed on the agenda of one of the Council's Overview and Scrutiny Committees.

 

       There are no items for consideration.

 

(b)    Call-In

 

       Executive Decisions may be called-in by the Chairman or Spokesperson of the Scrutiny (Policy and Performance) Committee or any three non-executive members. Call-Ins are heard by the Scrutiny (Policy and Performance) Committee unless it decides to refer the matter to the Scrutiny (Community and Regeneration) Committee.

 

       There are no items for consideration.

 

(c)    Public Petitions

 

       There are no items for consideration.     

Minutes:

There were no items for consideration.

88.

Notice of Forthcoming Key Decisions pdf icon PDF 175 KB

It is intended that Members should use the Notice of Forthcoming Key Decisions to identify topics within the remit of the Committee for future scrutiny.

Minutes:

The Democratic Services Manager presented the Notice of Forthcoming Key Decisions to the Committee for its consideration. Members identified the following items from the Notice of Forthcoming Key Decisions for inclusion within the work programme:

 

·           Item No. 58 (To approve the use of Building Foundations for Growth funding and to authorise the completion of an appropriate legal agreement).

·           Item No. 40 (Authority Monitoring Report).

 

RESOLVED:     That the Notice of Forthcoming Key Decisions be noted subject to the inclusion of items 40 and 58 in the Work Programme.

 

 

89.

Scrutiny Work Programme pdf icon PDF 68 KB

It is intended that the Committee monitor and prioritise its rolling work programme.

Minutes:

The Democratic Services Manager presented the Scrutiny Work Programme to the Committee for its consideration.

 

RESOLVED:     That the Work Programme be noted subject to the inclusion of the additional items identified in Minute No. 88.

 

90.

Regeneration Update

To receive an update from the Head of Inward Investment.

Minutes:

The item was withdrawn from the agenda by reason of the Head of Inward Investment being unavailable due to a diary conflict with another meeting he was attending in London.

91.

Presentation on S106 Agreements

To receive a presentation from the Head of Regeneration and Development on S106 agreements.

Minutes:

The Committee welcomed the Head of Regeneration and Principal Infrastructure Officer who had been invited to provide a presentation on Developer Contributions (S106 agreements). Members had asked officers to provide details on the role of parish councils, community groups and individuals in the allocation and dispersal of contributions from the agreements which were secured when required to make an otherwise unacceptable development acceptable or to address issues which could not be addressed through planning conditions. They were most commonly used to secure financial contributions toward provision of off-site infrastructure and the provision of affordable housing.

 

Through the planning application consultation process community groups, individuals and parish councils could suggest or request S106 contributions. In order for the Council to take such suggestions or requests forward these had to be evidenced and meet three legal tests: be necessary to make the development acceptable in planning terms; be directly related to the development; and be fairly and reasonable related in scale and kind. It must be demonstrated that the project requiring the contribution must meet additional needs generated by the development which could not otherwise be supported by existing infrastructure and also directly relate to the needs of the local community, where the development takes place.

 

It was encouraged that community groups and parish councils should prepare in advance for what was required if a development were to come forward. Through the Local Plan parish councils would be aware of the allocated sites in the parish. The pre-application process was an opportunity for developers to approach parish councils and inform of their proposals, which was encouraged by officers. Although pre-application advice was confidential and there was no legal obligation for developers to consult. Parish councils were consulted as part of the application process, providing an opportunity for S106 requests to be submitted to the Council. No retrospective contribution requests could be made for infrastructure that had already been delivered. Furthermore, applicants for major developments (15 or more houses) were strongly encouraged by the Council to prepare a Statement of Community Involvement in advance of submitting their scheme, which involved engaging communities at the earliest opportunity to as much information about a development proposal and its likely impact.

 

Applicants were required to provide proof by way of a financial viability appraisal to support any claim that the contributions requested were beyond what they could afford. The view of the Developer Contributions Executive Committee may also be sought. Each decision would take account of whether the infrastructure deficit was such that permission should be refused or that there were other reasons why it should be granted.

 

It was confirmed that S106 contributions were not usually triggered by developments of fewer than 15 houses, particularly in the case of contributions for the provision of affordable homes. In response to queries Members were advised it was not possible to apply a fixed fee against every house built in a development to obtain financial contributions as the land costs and sales values of properties differed from area  ...  view the full minutes text for item 91.