Issue - meetings

Cabinet Member: Environment

Forward Plan Ref: 2015/082

Contact: Howard Cox, Infrastructure Funding Manager Tel: (01865) 810436

Report by Director for Environment & Economy (CA12).

The information contained in the annex is exempt in that it falls within the following prescribed category:

5.       Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings

and since it is considered that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information, in that disclosure would prejudice the position of the authority in the process of the negotiations, to the detriment of the Council’s ability properly to discharge its fiduciary and other duties as a public authority.

In June 2013 Cabinet resolved, with respect to major infrastructure requirements associated with new developments, to approve the principle that direct delivery of such major infrastructure by the developers was acceptable; subject to adherence to specific key principles. Following the introduction of the approved processes this report seeks approval of changes to the key principles with regards to Highways infrastructure in order to provide added flexibility and speed up the process of completing S106 agreements.

The Cabinet is RECOMMENDED to:

Approve:

·                 The substitution of the key principles of direct delivery obligations to be integrated within S106 agreements (for Transport) as set out in Annex 2, in place of those approved by Cabinet on 18^th June 2013.

Revoke:

·                 The previous determination of the content of the key principles in relation to Transport as contained in Annex 1: KEY PRINCIPLES OF DIRECT DELIVERY OBLIGATIONS TO BE INTEGRATED WITHIN S106, taken by Cabinet on 18^th June 2013.

Recommendations agreed.

The information contained in the annex is exempt in that it falls within the following prescribed category:

5.       Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings

and since it is considered that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information, in that disclosure would prejudice the position of the authority in the process of the negotiations, to the detriment of the Council’s ability properly to discharge its fiduciary and other duties as a public authority.

In June 2013 Cabinet resolved, with respect to major infrastructure requirements associated with new developments, to approve the principle that direct delivery of such major infrastructure by the developers was acceptable; subject to adherence to specific key principles. Following the introduction of the approved processes the report sought approval of changes to the key principles with regards to Highways infrastructure in order to provide added flexibility and speed up the process of completing S106 agreements.

During discussion Cabinet was assured that the Council would retain control as the legal agreements and monitoring would be in place. They received information about the transfer of financial risk as referred to at paragraph 15 of the report.

RESOLVED:           to:

Approve:

·                 The substitution of the key principles of direct delivery obligations to be integrated within S106 agreements (for Transport) as set out in Annex 2, in place of those approved by Cabinet on 18^th June 2013.

Revoke:

·                 The previous determination of the content of the key principles in relation to Transport as contained in Annex 1: Key Principles of Direct Delivery Obligations to be Integrated within S106, taken by Cabinet on 18^th June 2013.