DONCASTER SECTION 106 AGREEMENTS. Annual Monitoring Report. 1 April March 2017
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1 DONCASTER SECTION 106 AGREEMENTS Annual Monitoring Report 1 April March
2 Contents Section Page No. 1. S106 Vision / Introduction 2. Background 3. Planning Activity 4. Financial Position Implementation: Affordable Housing Public Open Space Transport Education Miscellaneous 6. Moving Forward 7. Case Study 8. Further Information
3 S106 VISION FOR DONCASTER To be a UK leading Authority in the implementation and governance of Section 106, working in partnership with Developers to continually improve and provide attractive neighbourhoods for Doncaster s residents 1.0 INTRODUCTION 1.1 This Annual Monitoring Report describes Section 106 activity for the period 1 st April 2016 to 31 st March It sets out: background information on Section 106 Agreements information on the volume of planning activity resulting in Section 106 Agreements the Council s Section 106 budget position information on the number, location and types of projects implemented 3
4 2.0 BACKGROUND 2.1 Planning Obligations, commonly known as Section 106 Agreements are legal agreements negotiated between a Local Authority and developers. They are intended to make a development proposal acceptable which would be unacceptable without such an Agreement, thus allowing planning permission to be granted. An Agreement must be fairly and reasonably related in scale to the proposed development and be relevant to planning, and should only be used where planning conditions attached to a planning permission would not provide an alternative approach. 2.2 In Doncaster, Section 106 Agreements have been used for a wide range of developments. Generally, it is possible to classify planning obligations in Doncaster into five specific categories: i) Affordable Housing ii) Public Open Space iii) Transport iv) Education v) Miscellaneous 2.3 The projects delivered through Section 106 Agreements are usually undertaken by either: the planning applicant or developer as an integral part of the overall development. the Local Authority (or other statutory Authority, e.g. South Yorkshire Passenger Transport Executive (SYPTE), if a commuted sum is provided. 4
5 3.0 PLANNING ACTIVITY 3.1 During 2016/17 a total of 23 Section 106 Agreements were successfully negotiated between the Local Authority and developers. 3.2 For a number of reasons developers do not implement all planning permissions and therefore if a planning permission is not implemented, the associated Section 106 Agreement will not be implemented. 3.3 A Section 106 Agreement may contain provisions for more than one category. Table 1 below shows details of the 64 provisions required, by category, for the 23 Section 106 Agreements signed during 2016/17. Table 1: Agreements signed in 2016/17 Categories Direct Provision by Developer In-Direct Provision by Statutory Authority via commuted sum Yet to be Agreed whether Direct or In-Direct Provision Total Number of Provisions Affordable Housing Public Open Space Transport Related Education Miscellaneous Total Table 1 highlights that the vast majority of provisions included within Section 106 Agreements signed during 2016/17 involved a financial contribution to the Council. There are 10 provisions to be delivered directly by the developer and a further 15 provisions where it is not yet known whether delivery will be directly by the developer or in-directly via commuted sum. 5
6 4.0 FINANCIAL POSITION Income 4.1 During 2016/17 Doncaster Council received cash income (including internal interest) of 1,990,662 from 23 Section 106 Agreements. This income relates in part to some of the 23 Section 106 Agreements signed in 2016/17, but the majority relates to Agreements made in earlier years for developments that were being delivered and hitting financial trigger points in 2016/17. Table 2 provides a summary by category, of the income received in 2016/17. Tables 3-7 provide a detailed breakdown of that income. Table 2: Summary of Income received from Section 106 Agreements during 2016/17 Categories Income from Debtors raised ( ) Income from Phased Payments ( ) Income from Interest earned ( ) TOTAL ( ) Affordable Housing 814, , ,603 Public Open Space 401,006 33,115 5, ,621 Transport Related 52, ,242 53,604 Education 648, , ,501 Miscellaneous 21, ,521 23,333 Total 1,937,255 33,115 20,292 1,990,662 Table 3: Affordable Housing Planning Reference Development Amount Received ( ) 06/02512/FULA Plots 8 and 9, Lakeside 507,253 14/02995/FULM Land at Malton Way, Redhouse Interchange, 306,820 Doncaster Total 814,703 6
7 Table 4: Public Open Space Planning Reference Development Amount Received ( ) 03/4659/P Doncaster Industry Park, Amersall 69,882 Road, Scawthorpe 11/01098/FULM Land at rear of Cardwell Court, 43,662 Braithwell 12/01327/EXTM Land at Station Road Blaxton 73,545 14/00157/WCC Land at the Maltings Doncaster Road 24,056 Kirk Sandall 14/02995/FULM Malton Way, Adwick 153,291 14/02876/FULM 06/00493/FULM 06/01095/FULM 06/01869/FULM 07/01081/FULM 11/01164/EXTM 02/4565/P Total Alexander Road, Moorends 80 Doncaster Road, Hatfield Roy Dean, Whiphill Lane, Armthorpe 6-8 Crookesbroom Lane, Hatfield The Circle, Rossington The Ridings, Church Road, Stainforth Refund of monies defrayed in 2013/14 in relation to Multi- Use Games Area, Briar Road, Armthorpe 29,930 1,100 3,215 2,800 11,000 15,000 6, ,121 Table 5: Transport Related Planning Reference Development Amount Received ( ) 13/02239/4FULM Land South East of Lakeside Boulevard, Doncaster 10,000 14/01854/4FULM XP School Lakeside Doncaster 2,904 7
8 15/00393/FULM 16/01597/FULM 14/00297/4FULM Total Land at Balby Carr Plot 8, Rockingham Way, Brodsworth Land off Athelstane Crescent, Edenthorpe 12,458 5,000 22,000 52,362 Table 6: Education Planning Reference Development Amount Received ( ) Land off Athelstane 148,002 14/00297/4FULM) Crescent, Edenthorpe 09/02048/OUTM Land at Hayfield 500,000 Green, Auckley Total 648,002 Table 7: Miscellaneous Planning Reference Development Amount Received ( ) 98/2734/P Hatfield Moors 1 And 3 Production 5,488 Site 16/00126/FULM Helios Park, Thorne 5,000 15/01680/FULM Total Selby Road, Askern 11,324 21,812 Expenditure 4.2 During 2016/17 Doncaster Council spent 1,490,226 of the Section 106 budget on projects. A summary is shown below in Table 8 and a full breakdown can be seen under Section 5. 8
9 Table 8: 2016/17 Commuted sum expenditure by Doncaster Council Categories Spend ( ) Affordable Housing 166,328 Public Open Space 720,668 Transport Related 12,487 Education 500,000 Miscellaneous 90,743 Total 1,490,226 Balance Held 4.3 At the end of March 2017, 8,144,566 of resources were held by the Council. Of this, 41% was available for public open space projects, 49% for affordable housing, 6% for transport related activity, 2% for education and 2% for miscellaneous projects. Table 9 provides a break down by category, of the income held at the end of 2016/17. It shows that 52% of the Affordable Housing budget, 45% of the Public Open Space budget, 9% of the Transport budget and 9% of the Miscellaneous budget has yet to be committed to projects. It also shows that a large amount of the Transport budget (86%) and the whole of the Education budget is allocated to projects that have not yet been developed. Table 9: Summary Position as at 31 st March 2017 Categories Income held at ( ) Committed Income at ( ) Allocated to Projects not yet developed Uncommitted Income ( ) Affordable 3,966,401 1,895, ,070,623 Housing Public Open 3,333,159 1,802,869 22,500 1,507,790 Space Transport 497,812 23, ,981 45,092 Related Education 149, ,501 0 Miscellaneous 197, ,499 20,909 19,285 Total 8,144,566 3,879, ,891 3,642,790 9
10 5.0 IMPLEMENTATION In 2016/17 a total of 67 projects have been delivered as follows: Affordable Housing Affordable housing units were delivered through Section 106 Agreements. These were through direct provision by the developer rather than through a commuted sum and are shown in Table 10 below. Table 11 shows how the affordable housing commuted sum has been spent in 2016/17. Table 10: Direct Provision by a Developer during 2016/17 Ward Project Number of Units Balby Carr Lodge (Dominion) 30 Bessacarr Manor Farm, Bessacarr 6 Finningley Badgers Holt, Branton 5 Total Number of Units 41 Table 11: In-direct provision by Doncaster Council via commuted sum during 2016/17 Ward Project Spend ( ) Various Empty Property Landlord Grant 166,328 Total Spend 166,328 Public Open Space 5.2 Public Open Space projects are implemented through direct provision by developers or in-directly by the Council following receipt of a commuted sum. In 2016/17 there were 2 direct provision of projects delivered by developers and are shown in table 12 below: 10
11 Table 12: Direct provision by Developers during 2016/17 Ward Project Number Finningley Onsite Public Open Space 1 provision, Badgers Holt, Finningley Town Onsite Public Open Space 1 provision, Cultural and Civic Quarter, Waterdale Total 2 Table 13 shows the projects delivered in-directly by Doncaster Council using S106 commuted sums. Table 13: In-direct provision by Doncaster Council via commuted sum during 2016/17 Ward Project Spend ( ) Adwick & Carcroft Maintenance of Multi-Use Games Area 1,330 & Skate Park, Carcroft Adwick & Carcroft Improvements at Highfields Country 27,170 Park and Woodlands Squares and purchase of nomad CCTV cameras Armthorpe Maintenance of Multi-Use Games 22,673 Area, Briar Road, Armthorpe Armthorpe Play Area Improvements, Mercel 24,998 Avenue, Armthorpe Armthorpe Installation of CCTV at Multi-Use 6,814 Games Area at Wickett Hern Road and Holme Wood Lane, Armthorpe Armthorpe Grounds Maintenance & Maintenance 4,000 of Multi-Use Games Area and CCTV at Wickett Hern Road and Holme Wood Lane, Armthorpe Balby South Grounds Maintenance & Maintenance 5,350 of Multi-Use Games Area, Mallard Primary School, Balby Bentley Provision of Fitness Trail, Natural Play 15,175 Area & Gate Access, Linden Walk, Bentley Bentley Bentley New Village Play Area, Bentley 34,748 Bentley CISWO Land, The Avenue, Bentley 43,047 Bentley Maintenance of public open space land 1,900 and play area at Askern Road, Toll Bar Bessacarr Landscaping & Play Area at Lakeside 218,489 11
12 Bessacarr Grounds Maintenance, Cornflower 5,050 Drive, Off Ellers Road, Bessacarr Bessacarr Maintenance of Tree Shelter Belt, 6,228 Lakeside Bessacarr Cantley Park Skate Park, Cantley 2,486 Bessacarr Bessacarr Conisbrough Conisbrough Conisbrough Conisbrough Edenthorpe & Kirk Sandall Edenthorpe & Kirk Sandall Edenthorpe & Kirk Sandall Edlington & Warmsworth Edlington & Warmsworth Finningley Hatfield Hatfield Mexborough Mexborough Mexborough Norton & Askern Maintenance of Multi-Use Games Area at Bolton Hills, Bessacarr Maintenance of Play Area at Acacia Road, Bessacarr Maintenance of public open space and footpath at Moat House Way, Low Road, Conisbrough Installing of boulders and a gate/seat, The Old Library Church Road, Denaby Main Grant to Cadeby Colliery Group for improvements to Cadeby Pit Wheel, Cadeby Grant to En Tour (a community group) for improvements at Mill Piece Pond, Low Road, Conisbrough Grant to Edenthorpe Parish Council for improvements to the Edenthorpe War Memorial, Edenthorpe Fencing at Church Balk Gardens allotments, Edenthorpe Maintenance of public open space land at Applehaigh Drive, Kirk Sandall Grant to Hilltop Allotment Group for improvements to Hilltop allotments site at Edlington Hilltop Centre, Edlington Grant to Friends of Martinswell Lake for the fitting of four fitness trail pieces of equipment at Martinswell Lake, Edlington Zebra Crossing, Doncaster Road, Branton Improvements to Quarry Park, Dunsville Grounds Maintenance of Quarry Park, Dunsville Maintenance of Schofield Park Play Area, Mexborough Maintenance of play equipment at Pitt Street, Mexborough New Fencing, Manvers Road Play Area, Mexborough Maintenance of public open space land at Priory Road, Norton 1,000 1,000 3,600 1,099 5,000 4,364 4, ,400 5,500 12,782 17, ,020 1,000 6,000 1,201 12
13 Roman Ridge Replacement of Roman Ridge Play 42,286 Area, Roman Ridge Roman Ridge Improvements to Askern Springs Play 5,581 Area, Scawthorpe Rossington & Bawtry Maintenance of Children's Play Area at 1,000 Holmescarr Centre, Rossington Rosssington & Bawtry Bawtry Memorial Sports Ground, 47,086 Bawtry Rossington & Bawtry Maintenance of Youth Play Area at 1,810 West End Lane, Rossington Rossington & Bawtry Refund of monies defrayed in 2015/16-1,201 relating to Public Open Space Improvements, Pemberton Grove, Bawtry Sprotbrough Maintenance of Protected Woodland 3,020 and 3m buffer, Park Drive, Sprotbrough Sprotbrough Improvements to public open space, 32,989 including pathways, benches, planting and natural play elements at New Lane, Sprotbrough Stainforth & Barnby Dun Maintenance of Polton Toft Play Area, 1,000 Stainforth Stainforth & Barnby Dun Grounds Maintenance, White House 280 View, Barnby Dun Thorne & Moorends Maintenance of public open space at 1,470 Ex Dunstan's shipyeard, off Union Street/Rope Walk, Thorne Thorne & Moorends Maintenance of public open space land 2,020 at Coulman Street, Thorne Thorne & Moorends Grounds Maintenance & Maintenance 2,050 of play area at Wike Gate Road, Thorne Thorne & Moorends Grounds Maintenance, Thorne 1,974 Memorial Park, Thorne Tickhill & Wadworth Grounds Maintenance & Maintenance 11,810 of Multi-Use Games Area and Play Equipment, Woodfield Plantation Town Grounds Maintenance and 2,000 maintenance of play area at Bloodstocks Play Area, Intake Town Safer Spaces in Town Ward 59,881 Wheatley Hills & Intake Maintenance of Multi-Use Games 1,000 Area, Intake Section 106 Management and Admin 15,000 Total Spend 720,668 13
14 Transport 5.3 Through in-direct provision by Doncaster Council and South Yorkshire Passenger Transport Executive (SYPTE) following receipt of a commuted sum, 3 projects were implemented in 2016/17. There was no direct provision of projects delivered by developers. Table 14 shows how the Council s transport related commuted sums have been spent in 2016/17 and no projects were implemented by South Yorkshire Passenger Transport Executive (SYPTE) via commuted sum during 2016/17. Table 14: In-direct provision by Doncaster Council via commuted sum during 2016/17 Ward Project Spend ( ) Bessacarr/Cantley Travel Plan Monitoring, 1,000 Lakeside Mexborough Maintenance of Signalised 2,950 Crossing at Cliff Street, Mexborough Stainforth/Barnby Dun Early Speed Warning sign, 8,537 Barnby Dun Total Spend 12,487 Education 5.4 Table 15 shows there was 1 education project delivered through the use of Section 106 commuted sums in 2016/17. Table 15: In-direct provision by Doncaster Council via commuted sum during 2016/17 Ward Project Spend ( ) Finningley Additional classroom space, Hayfield 500,000 Lane Primary School, Finningley Total Spend 500,000 Miscellaneous 5.5 Details are shown in Table 16 of how the Council s miscellaneous commuted sums have been spent in 2016/17. There have been no miscellaneous projects delivered directly by developers on-site during 2016/17. 14
15 Table 16: In-direct provision by Doncaster Council via commuted sum during 2016/17 Ward Project Spend ( ) Bessacarr/Cantley Biodiversity Offsetting at Doncaster Common, One-off tree works relating to Plot 5B, Lakeside Boulevard, Lakeside 10,000 Edenthorpe & Kirk Sandall Improvements and maintenance of Glass Park, Kirk Sandall 1,505 Finningley Take off at the Airport scheme. 10,000 Rossington & Bawtry Inland Port training initiatives. 58,750 Thorne & Moorends Natural England habitat 5,000 Thorne & Moorends Payment to Natural England relating 2,439 to Hatfield Moors 1 And 3 Production Site Thorne & Moorends Payment to Thorne & Hatfield Moors 3,049 Conservation Forum relating to Hatfield Moors 1 And 3 Production Site Total Spend 90,743 15
16 6.0 MOVING FORWARD 6.1 The Council has kept its position on the Community Infrastructure Levy (CIL) under review since the CIL Regulations were first published in Viability Testing was undertaken in 2012 which informed a Full Council decision in summer 2012 not to proceed with the formal statutory stages of implementing CIL at that point in time. This decision was due largely to viability challenges in large parts of the Borough, as well as further revisions to the CIL Regulations at the time which were not yet confirmed, such as whether affordable housing should be included in the Levy or not. Full Council committed to keeping the evidence under review and to reconsider the position on a periodic basis. In the meantime, the Council has continued with its approach to developer contributions through Section 106, but mindful of the legal scaling back and restrictions of their use as set out by the CIL Regulations. 6.2 The Council is also in the process of preparing a new Local Plan which is required to undertake Whole Plan Viability Testing to demonstrate that the policies and proposed development sites are deliverable and viable. As part of demonstrating this, the Council has commissioned independent Viability Testing which will be published in due course as a key part of the Local Plan evidence base. This evidence will also review the viability of CIL, and whether or not the market and other circumstances have now changed that may lead to a decision to move forward with the Levy in the future. Should the Council choose to implement CIL, then the legislation requires at least two rounds of full consultation followed by an independent Examination into the draft Charging Schedule before CIL can be adopted and used in relation to planning applications. 6.3 CIL has now been operational for some 7 years. It is highly likely that the new Government will evaluate to effects of CIL on the housing industry in the near future, which could result in the Government changing its stance. The Council will keep a close eye on any progress made in this regard and review the impact to Doncaster if any changes are made. 16
17 7.0 CASE STUDY 7.1 Lakeside Runway Play Area The area of land identified for the informal open space is in close proximity to Hyde Park residents and businesses in the Town Ward of Doncaster. The area serves as an important place for active recreational activity in an area that was lacking this. The scheme was designed to deliver a new children s play area and landscaped gardens to an area of the lakeside development that has been left unattended for some years and which was in very poor condition. It was one of the very few areas around the lakeside development that is not allocated for housing or business use and was therefore readily available to provide an open space and children s play area. The area also falls within the required 1km of the development from which the section 106 monies were obtained. A Management Plan for the site will be managed and maintained in accordance with good practice and the range of improvements were identified in consultation with Elected Members, Friends Group and Street Scene Services, the latter who currently have operational responsibility for managing and maintaining the site for the years to come. The improvements to the area have included: Significant Landscaping works including all boundary fencing Signage and Interpretation Outdoor Exercise Equipment Children s play equipment Entrance points, access, surface and footway improvements Formal Seating Litter bins Picnic areas Naturalised areas for nature walks & Bug Hunts Users of the area have included a number of local residents and visitors to the shopping complex one of which was Mrs Brown a local child-minder. She said: This facility provides a much needed park in the area which for me and other families who come past this area is a god send. It allows the children time to play and exercise in a place that we can enjoy and is a credit to the area and money well spent 17
18 18
19 Since it has been opened the numbers using it have been increasing noticeably with on average 20/30 people there at any one time. The project was funded by 279,000 of Section 106 monies 7.2 Roman Ridge Play Area Roman Ridge is the stretch of land that follows the original Roman Road, Ermine Street which linked London and Lincoln. It is also the name given to the Electoral Ward that covers the villages of Scawsby, Scawthorpe and Cusworth. The Roman Ridge Play Area is located just off of the A638 York Road in the North West of Doncaster. Roman Ridge doesn t benefit from other local play facilities and therefore this play area provides the community with a much needed place to meet, relax and enjoy active recreation. The former play area and boundaries were dated and unsightly. Due to the age of the equipment, it was not possible to replace it when it became damaged, leaving it difficult to maintain and keep safe. The work to the site included the following: Remove old play equipment and replace with new Remove the damaged boundary fencing and replace with a more robust alternative To remove dead foliage and replace with new whips to provide a natural hedgerow to the open space To clear foliage and remove overhanging branches to the Roman Ridge to increase the width of the footpath 19
20 The requirement for this work was identified through informal consultation with DMBC staff, the community and elected ward members. Play Equipment The new and improved equipment has provided young people of all ages with a safe and enjoyable place to play. It is modern and well maintained In addition, thermoplastic markings have been printed on the ground and picnic benches have been installed. This gives the area an extra dimension, encourages families and friends to meet and enjoy time here. Waste bins have been fitted to ensure that the area is cleaner and greener than before and to encourage the community to take pride in their environment and their facilities. 20
21 Boundary Fencing The area now benefits from robust fencing and access points that encourage pedestrian and cycle access, but restrict the unauthorised access of vehicles that may damage the grounds. Access is still available if and when required and for maintenance. Boundaries and Foliage The boundaries have been cleared and widened making them more accessible, but also reducing the risk of anti-social behaviour. 21
22 The new play equipment and improved surrounding area has had a really positive contribution to the community. The area is unusual as it is residential whilst also being in an urban part of Doncaster and sometimes the residents can feel forgotten. Yet this work has proven that it is cared for and that as a local authority, we want residents to live, work, play and thrive here. Ward Member, Cllr Pat Haith The total cost of the works was 43,630 which was funded through the Redhouse Interchange Public Open Space money. 22
23 8.0 FURTHER INFORMATION Please contact the following for details of projects delivered during 2015/16 or for projects planned for 2016/17: General Enquiries Laura Sharman, Strategy and Performance Analyst (Section 106) Tel: Affordable Housing Adam Goldsmith - Housing Investment Strategy Manager Tel: adam.goldsmith@doncaster.gov.uk Transport Suzanne Higham -Transport Planner Tel: suzanne.higham@doncaster.gov.uk Education Neil McAllister School Organisation Manager Tel: neil.mcallister@doncaster.gov.uk Public Open Space Contact relevant Stronger Communites Manager below: East Area Armthorpe, Edenthorpe & Kirk Sandall, Finningley, Hatfield, Rossington & Bawtry, Stainforth & Barnby Dun, Thorne & Moorends, Tickhill & Wadworth Dave Ridge Tel: david.ridge@doncaster.gov.uk West Area Adwick & Carcroft, Bentley, Conisbrough, Edlington and Warmsworth, Mexborough, Norton & Askern, Roman Ridge, Sprotbrough Steve Thomas Tel: steve.thomas@doncaster.gov.uk Central Area Balby South, Bessacarr, Hexthorpe & Balby North, Town, Wheatley Hills & Intake Claire Scott Tel: claire.scott@doncaster.gov.uk 23
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