70 Direct Construction of Infrastructure by Developers
PDF 86 KB
Cabinet Member: Growth & Infrastructure
Forward Plan Ref: 2013/018
Contact: Roy Newton, Service Manager - Infrastructure Development Tel: (01865) 815647
Report by Deputy Director for Environment & Economy – Strategy & Infrastructure Planning (CA12).
The information contained in the appendices
is exempt in that it falls within the following prescribed category:
3 – information relating to the financial or business affairs of any
particular person (including the authority holding that information)
5 - Information in respect of
which a claim to legal professional privilege could be maintained in legal
proceedings
It is considered that in this case the public
interest in maintaining the exemption outweighs the public interest in
disclosing the information, in that such disclosure would distort the proper process of free negotiations
between the authority with another party for the purposes described and would
prejudice the position of the authority in those negotiations and other
negotiations of a similar nature in future.
Developers are
increasingly interested in undertaking the direct construction of
infrastructure required by new development rather than make provision for it in
the form of financial contributions. This flows partly from central government
reviews which concluded that there was scope for cost reduction in the delivery
of schools. The paper discusses the implications of enabling direct delivery,
discusses why such an approach could be acceptable and proposes the measures
for mitigating risk and updates to
standard conditions.
Cabinet is
RECOMMENDED to:
Approve:
(a).
In
relation to development proposals the principle of direct delivery of
i. major on-site infrastructure, and
ii. major off-site highway infrastructure
(b).
The
entering into of S106/S278 agreements (subject to the prior approval of the
Director for Environment & Economy) to secure the direct delivery of major
infrastructure in line with the
key principles as set out in Annex 1.
(c). The standard
conditions (for S278 agreements) for the control of highway works in
conjunction with development
(as in Annex 2).
(d). Development of school space standards for
subsequent approval by Cabinet (Paragraph 4.5).
Revoke:
(e).
Previous
determinations in relation to the standard conditions for highway works in
conjunction with development and in
relation to noise insulation compensation requirements taken by the Highways
Committee on 18 May 1976.
Additional documents:
Minutes:
The information contained in the appendices
is exempt in that it falls within the following prescribed category:
3 – information relating to the financial or business affairs of any particular
person (including the authority holding that information)
5 - Information in respect of
which a claim to legal professional privilege could be maintained in legal
proceedings
Cabinet agreed that the item be considered in
public as there were no queries relating to the exempt annex.
Cabinet considered a paper on the
implications of enabling direct delivery by developers of infrastructure
required by new development. During discussion the importance of sufficient controls
was stressed.
RESOLVED:
to:
Approve:
(a).
In relation to
development proposals the principle of direct delivery of
i. majo
ii. r on-site infrastructure, and
iii. major off-site highway infrastructure
(b).
The entering
into of S106/S278 agreements (subject to the prior approval of the Director for
Environment & Economy) to secure the direct delivery of major
infrastructure in line with the key principles as set out in Annex
1.
(c).
The standard
conditions (for S278 agreements) for the control of highway works in
conjunction with development (as in
Annex 2).
(d).
Development of
school space standards for subsequent approval by Cabinet (Paragraph 4.5).
Revoke:
(e).
Previous
determinations in relation to the standard conditions for highway works in
conjunction with development and in relation
to noise insulation compensation requirements taken by the Highways Committee
on 18 May 1976.
.