Issue - meetings

Direct Construction of Infrastructure by Developers

Meeting: 18/06/2013 - Cabinet (Item 70)

70 Direct Construction of Infrastructure by Developers pdf icon 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.

 

.