Issue - meetings

To seek approval for Section 106 (S106) open space contributions to be used to fund improvements to parks and open spaces and for their capital schemes. These are to be included in the Capital Programme for the applicable years.

Cabinet considered a report which sought approval for Section 106 (S106) open space contributions which were to be used to fund improvements to parks and open spaces and for their capital schemes. These would be included in the Capital Programme for the applicable years.

S106 developer contribution funds had been received by the Council for improvements within certain parks and open spaces.  Once approved, the funds would need to be spent within a five-year period.

Whilst there were no exact restrictions on what the S106 funding must be spent on, the funding does have to be spent on the sites identified in the S106 agreements.  When completed, the works would improve the Borough’s open space and play areas for site users and would align with the following priorities highlighted in the Council’s Play Strategy.

RESOLVED that the parks and open spaces improvement schemes for Beeston and Eastwood be added to the Capital Programme for 2023/24 at a combined cost of just over £130,000. These improvements will be funded by an allocation from respective 106 contributions.

Reason

Planning obligations are covered by Section 106 of the Town and Country Planning Act 1990 and known as Section 106 agreements. By law, planning obligations can only be required where they are necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and in kind to the development. Payments can be made in the form of a capital or revenue contribution, as a lump sum or phased payments, due on defined dates or triggered as the development progresses. Local planning authorities are required to use the funding in accordance with the terms of the individual Section 106 agreement and if not spent by the date specified in the agreement must be returned to the developer.