Decision details

Matter for Decision

The council has, for many years, collected S106 contributions to help to mitigate the impact of new development in the city. These used to be based on generic infrastructure types, but a significant change to the regulations governing S106 funding came into effect from April 2015. The impact of these restrictions has been felt across local government – and particularly by those councils (like Cambridge) not yet in a position to introduce the Community Infrastructure Levy.

a)   S106 contributions now have to be for specific projects (stipulated in S106 agreements) related to nearby developments.

b)   No more than five specific contributions can be agreed for the same project.

c)    In addition, councils can now only seek S106 contributions from developments of more than 10 dwellings.

The council introduced an interim approach in June 2015, to seek as many S106 contributions as possible within these restrictions. This was reviewed and strengthened last March, although it is recognised that the scope for securing new contributions is now more limited.

Last March’s ‘taking stock’ report to the Executive Councillor for City Centre and Public Places identified ‘target lists’ of play areas and open spaces, which would be used as a starting point for seeking specific contributions in appropriate cases. The setting of similar target lists for outdoor and indoor sports and community facilities was deferred until now, to allow findings from recent facility audits to be reported.

Decision of Executive Councillor for Communities

       i.          Agreed to continue to collect up to five S106 specific contributions for those that the council has already started to collect, as opportunities arise and in appropriate cases. See paragraph 4.2 and Appendix B of the Officer’s report.

     ii.          Agreed the ‘target list’ of outdoor and indoor facilities, arising from the recent audits, which will also be used as a starting point for negotiating specific contributions from nearby major developments. See paragraphs 4.5, 4.8 and Appendix E.

   iii.          Agreed that the provisional community facilities ‘target list’ should focus on community centres, houses and rooms owned or managed by the city council. See paragraphs 4.6 – 4.8 and Appendix F.

   iv.          Instructed officers to look to add to the target list more community facilities owned/managed by others, provided that: (a) a clear need for specific contributions can be demonstrated and (b) that the relevant community groups accept the uncertainties and responsibilities attached to specific S106 contributions. See paragraph 4.9

Reason for the Decision

As set out in the Officer’s report.

Any Alternative Options Considered and Rejected

Not applicable.

Scrutiny Considerations

The Committee received a report from the Urban Growth Project Manager.

Officers said the following in response to Members’ questions:

       i.          Head of Community Services: The council was trying to get children and young people systematically involved in decision making. The Children & Young People's Services Manager would be asked to circulate a briefing note to Members.

     ii.          Urban Growth Project Manager: Specific S106 contributions from particular new developments were focussed on projects that satisfy the three legal tests (mentioned in Appendix A of the Officer’s report. It is unlikely that this will be spread evenly across wards.

   iii.          Community Funding & Development Manager: Appendix F of the Officer’s report set out an initial target list as a starting point for negotiations. New projects could come forward to join the list. The target list would be reviewed on an on-going basis.

The Committee unanimously resolved to endorse the recommendations.

The Executive Councillor approved the recommendations.

Conflicts of Interest Declared by the Executive Councillor (and any Dispensations Granted)

No conflicts of interest were declared by the Executive Councillor.