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DONCASTER SECTION 106 AGREEMENTS Annual Monitoring Report 1 April 2014 – 31 March 2015
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Contents
Section Page No. 1. S106 Vision / Introduction 2. Background 3. Planning Activity 4. Financial Position 5. Implementation: Affordable Housing
Public Open Space Transport
Education Miscellaneous 6. Moving Forward 7. Case Studies 8. Further Information
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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 1st April 2014 to 31st March 2015.
1.2 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
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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.
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3.0 PLANNING ACTIVITY
3.1 During 2014/15 a total of 25 Section 106 Agreements were successfully negotiated between the Local Authority and developers. This is an increase from the number of Agreements negotiated in recent years due possibly to improved confidence in the Housing market.
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 49 provisions required, by category, for the 25 Section 106 Agreements signed during 2014/15. Table 1: Agreements signed in 2014/15
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
0 3 8 11
Public Open Space
1 11 1 13
Transport Related
1 9 0 10
Education 0 3 1 4 Miscellaneous 6 5 0 11
Total 8 31 10 49
Table 1 highlights that the vast majority of provisions included within Section 106 Agreements signed during 2014/15 involved a financial contribution to the Council. There are 8 provision to be delivered directly by the developer and a further 10 provisions where it is not yet known whether delivery will be directly by the developer or in-directly via commuted sum.
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4.0 FINANCIAL POSITION
Income 4.1 During 2014/15 Doncaster Council received cash income (including internal
interest) of £943,403 from Section 106 Agreements. This income relates in part to some of the 25 Section 106 Agreements signed in 2014/15, but the majority relates to Agreements made in earlier years for developments that were being delivered and hitting financial trigger points in 2014/15. Table 2 provides a break down by category, of the income received in 2014/15.
Table 2: Income received from Section 106 Agreements during 2014/15
Categories Income from
Debtors raised
Income from
Phased Payments
Income from
Interest earned
TOTAL
Affordable Housing 468,000 0 0 468,000
Public Open Space 220,919 58,565 1,629 281,113
Transport Related 102,990 0 868 103,858
Education 60,000 0 288 60,288
Miscellaneous 30,000 0 144 30,144
Total 881,909 58,565 2,929 943,403 Expenditure
4.2 During 2014/15 Doncaster Council spent £2,396,963 of the Section 106 budget on projects. A summary is shown below in Table 3 and a full breakdown can be seen under Section 5.
Table 3: 2014/15 Commuted sum expenditure by Doncaster Council
Categories Spend (£)
Affordable Housing 1,125,561
Public Open Space 1,077,290
Transport Related 80,894
Education 60,000
Miscellaneous 53,218
Total 2,396,963
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Balance Held
4.3 At the end of March 2015, £6,004,137 of resources were held by the Council. Of this, 61% was available for public open space projects, 29% for affordable housing, 8% for transport related activity and 2% for miscellaneous projects. Table 4 provides a break down by category, of the income held at the end of 2014/15. It shows that 52% of the affordable housing budget, 45% of the public open space budget, 6% of the transport budget and 32% of the miscellaneous budget is committed to projects over the next two years. After allowing for these commitments the balance available for new projects is £3,377,165. Table 4: Summary Position as at 31st March 2015
Categories Income held at
31.3.15 Committed Income at 31.3.15
Uncommitted Income 31.3.15
Affordable Housing 1,765,009 915,992 849,017
Public Open Space 3,680,567 1,656,758 2,023,809
Transport Related 471,140 26,200 444,940
Education 0 0 0
Miscellaneous 87,421 28,022 59,399
Total 6,004,137 2,626,972 3,377,165
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5.0 IMPLEMENTATION
In 2014/15 a total of 68 projects have been delivered as follows:
Affordable Housing
5.1 45 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 5 below. 2 projects were provided through commuted sums indirectly via DMBC or in partnership with Housing and Care 21. Table 6 shows how these affordable housing commuted sums have been spent in 2014/15.
Table 5: Direct Provision by a Developer during 2014/15
Ward Project Number of Units
Balby & Hexthorpe Carr Lodge, Balby 23
Bentley The Avenue, Bentley 5
Edenthorpe & Kirk Sandall Athelstane Crescent, Edenthorpe 11Finningley The Close, Branton 6Total Number of Units 45 Table 6: In-direct provision by Doncaster Council via commuted sum during 2014/15
Ward Project Spend (£) Borough Wide Empty Properties Landlord Grants 157,569
Edlington Contribution to Extra Care facility 450,000Borough Wide Transfer to Service Transformation
Fund 517,992
Total Spend 1,125,561
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 2014/15 there was no direct provision of projects delivered by developers. Table 7 shows the 49 projects delivered in-directly by Doncaster Council using S106 commuted sums.
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Table 7: In-direct provision by Doncaster Council via commuted sum during 2014/15
Ward Project Spend (£)
Adwick Woodlands allotment society – site improvements
5,459
Armthorpe Maintenance of Neighbourhood Equipped Area of Play and Locally Equipped Area of Play, Wakelam Drive / Reeves Way, Armthorpe
18,913
Armthorpe Maintenance of Multi-Use Games Area, Briar Road, Armthorpe
3,760
Armthorpe Grounds Maintenance, Multi-Use Games Area, Wickett Hern Road and Holme Wood Lane, Armthorpe
4,000
Armthorpe Provision of Multi-Use Games Area, Briar Road
176
Balby/Hexthorpe Grounds Maintenance, Woodfield Plantation
15,140
Balby/Hexthorpe Grounds Maintenance, Springwell Lane, Balby
5,793
Balby/Hexthorpe Grounds Maintenance, Multi-Use Games Area, Mallard Primary School, Balby
5,350
Balby/Hexthorpe Play area equipment and landscaping, Woodfield Plantation
224,045
Balby/Hexthorpe Tree works, Woodfield Plantation 42,990Balby/Hexthorpe Resurfacing of Coronation Road Play
Area, Balby 6,000
Balby/Hexthorpe Fencing at Hexthorpe Park 4,114Belle Vue/Hyde Park Landscaping and Play Area, Lakeside 10,927Bessacarr/Cantley Maintenance of Tree Shelter Belt,
Lakeside 6,220
Bessacarr/Cantley Grounds Maintenance, Cornflower Drive, Off Ellers Road,
5,050
Bessacarr/Cantley Grounds Maintenance, Bolton Hills Multi-Use Games Area, Bessacarr
1,000
Bessacarr/Cantley Grounds Maintenance, Acacia Road Play Area, Cantley
1,000
Bessacarr/Cantley
Cantley Park improvements 739
Central Elmfield Park improvements 820Conisbrough/Denaby Maintenance of public open space and
footpath at Moat House Way, Low Road, Conisbrough
7,000
Edenthorpe, Kirk Sandall and Barnby Dun
Maintenance of public open space land at ApplehaighDrive, Kirk Sandall
610
Edenthorpe, Kirk Sandall and Barnby Dun
Grounds Maintenance, White House View, Barnby Dun
280
Edlington/Warmsworth Signage at Martinwells Lake, Edlington 1,190Edlington/Warmsworth CCTV at Martinwells Lake, Edlington 7,590
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Edlington/Warmsworth Grounds Maintenance, Martinwells Lake, Edlington
3,000
Greater Adwick Grounds Maintenance, Carcroft Multi-Use Games Area & Skate Park
1,330
Greater Askern Maintenance of public open space land at Priory Road, Norton
1,174
Greater Bentley Park and Pavilion Improvements, Bentley
70,426
Greater Bentley Maintenance of public open space land and play area at Askern Road, Toll Bar
1,900
Hatfield Improvements to Quarry Park, Dunsville 14,464Mexborough Grounds Maintenance, Schofield Park
Play Area, Mexborough 1,020
Mexborough Maintenance of play equipment at Pitt Street, Mexborough
1,000
Rossington Grounds Maintenance, Holmescarr Children’s Play Area, Rossington
1,000
Rossington Grounds Maintenance, Youth Play Area, West End Lane, Rossington
1,650
Sprotbrough Maintenance of public open space land at Melton Road, Sprotbrough
5,993
Sprotbrough Maintenance of Protected Woodland and 3m Buffer, Park Drive, Sprotbrough
3,010
Stainforth/Moorends Grounds Maintenance, Polton Toft Play Area, Stainforth
1,000
Stainforth/Moorends New Park Estate Play Area Lighting 31,246Stainforth/Moorends Floodlights to the rear of Stainforth
Youth Club 3,895
Thorne Maintenance of public open space land at Coulman Road, Thorne
2,020
Thorne Ex Dunstan’s Shipyard, off Union Street/Rope Walk, Thorne
1,470
Thorne Improvements to Thorne Memorial Park 58,989Thorne Grounds Maintenance, Wike Gate Road
Play Area, Thorne 2,050
Thorne Grounds Maintenance, Thorne Memorial Park, Thorne
2,041
Torne Valley Public Open Space Improvements, Pemberton Grove, Bawtry
6,893
Torne Valley Public Open Space Improvements, Galley Fields, Bawtry
21,040
Wheatley/Intake Bloodstock Play Area, Intake 3,376Wheatley/Intake Grounds Maintenance, Multi-Use Games
Area, Intake 1,000
Wheatley/Intake Grounds Maintenance, Bloodstock Play Area, Intake
2,488
Borough Wide Transfer to Service Transformation Fund 455,650
Total Spend
1,077,290
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Transport
5.3 Through in-direct provision by Doncaster Council and South Yorkshire Passenger Transport Executive (SYPTE) following receipt of a commuted
sum, 6 projects were implemented in 2014/15. There was no direct provision of projects delivered by developers. Table 8 shows how the Council’s transport related commuted sums have been spent in 2014/15 and Table 9 shows the projects implemented by South Yorkshire Passenger Transport Executive (SYPTE) via commuted sum during 2014/15.
Table 8: In-direct provision by Doncaster Council via commuted sum during 2014/15
Ward Project Spend (£)
Bentley General Improvements to Highways
9,500
Bessacarr/Cantley Travel Plan Monitoring, Lakeside
6,000
Central Improvements to lighting at pedestrian subway, Cleveland Street
4,819
Mexborough Maintenance of Signalised Crossing at Cliff Street, Mexborough
2,950
Rossington M18 Link Contribution 50,673Sprotbrough Roadside planting along A638
at Hampole 5,138
Borough Wide Transfer to Service Transformation Fund
1,814
Total Spend 80,894 Table 9: In-direct provision by South Yorkshire Passenger Transport Executive (SYPTE) via commuted sum during 2014/15
Neighbourhood Project Number Supplied
Bentley
Travelmaster Tickets, Askern Road, Toll Bar
9
Bessacarr/Cantley Travelmaster Tickets, Plots 8 and 9, Lakeside
42
Edenthorpe, Kirk Sandall and Barnby Dun
Travelmaster Tickets, Church Balk Gardens, Edenthorpe
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Total Number Supplied 55
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Education
5.4 Details are shown in Table 10 of how the Council’s education commuted sums have been spent in 2014/15. There have been no education projects delivered directly by developers during 2014/15
Table 10: In-direct provision by Doncaster via commuted sum during 2014/15
Ward Project Spend (£) Bessacarr/Cantley Contribution towards the
provision of additional places at Bessacarr Primary School
60,000
Total Spend 60,000 Miscellaneous
5.5 Details are shown in Table 11 of how the Council’s miscellaneous commuted sums have been spent in 2014/15. There have been no miscellaneous projects delivered directly by developers on-site during 2014/15.
Table 11: In-direct provision by Doncaster Council via commuted sum during 2014/15
Ward Project Spend (£) Edenthorpe, Kirk Sandall and Barnby Dun
Improvements and maintenance of Glass Park, Kirk Sandall
13,799
Finningley Take off at the Airport programme 25,000Thorne Payment to Thorne & Hatfield Moors
Conservation Forum. 9,876
Borough Wide Transfer to Service Transformation Fund
4,543
Total Spend 53,218
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6.0 MOVING FORWARD
6.1 From April 2015, the Community Infrastructure Levy (CIL) Regulations restrict the use of pooled Section 106 contributions towards items that may be funded by CIL, whether a Local Authority has adopted CIL or not. At that point, no more may be collected in respect of a specific infrastructure project or type of infrastructure through a S106 Agreement if 5 or more obligations for that project or type of infrastructure have already been entered into since 6th April 2010, and it is a type of infrastructure that is capable of being funded by CIL. For provision that is not capable of being funded by CIL, such as affordable housing, Local Authorities are not restricted, but regard must continue to be had to wider policies on planning obligations e.g. the 3 statutory/policy tests. Contributions for highway works secured through S278 of the Highway Act are not subject to the pooling restriction either.
6.2 Doncaster Council took a formal decision in July 2012 not to consult on a CIL Preliminary Draft Charging Schedule at that point in time, but to keep the evidence base under review and reconsider the Council’s position in the future. This was largely due to the findings of the economic viability testing undertaken early 2012, but also other significant factors, including the relatively fragile state/recovery of the market and further proposed changes to the CIL Regulations by the government were waiting to be confirmed. Since then, the viability evidence base has been annually reviewed, but it is still not considered appropriate for the Council to move towards the statutory stages of CIL at the moment. Doncaster Council has therefore continued to rely on S106 Agreements for negotiating contributions from developers towards infrastructure since it took its decision in 2012. Such negotiations have of course been needed to be mindful of the legal scaling back from the CIL Regulations and the 3 statutory/policy tests.
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7.0 CASE STUDIES
7.1 Thorne Memorial Park Walled Garden Improvements Case Study
On the 9th October 2013 an agreement was entered into between Doncaster Council and Thorne & Moorends Town Council. The agreement was for an award of £63,000 Section 106 funding to the Town Council as a contribution towards funding a range of improvements to the ‘Walled Garden’ area of Thorne Memorial Park inclusive of one year’s maintenance.
Thorne Memorial Park comes under the responsibility of the Town Council and as such it was agreed that the Town Council would take responsibility for the management and delivery of the scheme including the procurement and purchase of all goods and services. As part of the agreement the Town Council would also take on all future maintenance of the garden to ensure its upkeep.
The project emerged following consultation between the local Ward Members and Town Council in which the garden was identified as an ideal location where visitors to the park could come and use the area as a place for quiet reflection and relaxation. Sadly the area had previously been subject to some anti-social behaviour in part due to its then secluded nature. The scheme incorporated a range of improvements befitting its intended use and taking account of the need to bring about a sustainable maintenance and management regime going forward. A number of redundant raised beds were removed and new pathways were installed, along with seating, litter bins and trees. The existing walled entrance feature access point was redesigned and remodelled sympathetically and in keeping with the conservation status of the area to provide a more open and safe aspect to the site.
The official opening of the newly landscaped Walled Garden took place on Tuesday 20th January 2015. The opening was unveiled by Councillor Rachel Durant, the Mayor of Thorne.
The Mayor, Cllr Rachel Durant said “The walled garden had become a neglected area which was a focus for anti-social behaviour. What has been created is an area for quiet contemplation which provides something different, but is complimentary to the Park. The changes to the Park wall mean that it is no longer hidden away. The area will become increasingly attractive as the planting matures, and I am looking forward to seeing it provide an attractive facility for the local community for many years to come.”
The project reflects some positive collaborative and partnership working and without the injection of Section 106 funding it is considered very unlikely that the improvements could have ever have been achieved.
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Thorne Memorial Park Walled Garden before improvements
Thorne Memorial Park Walled Garden after improvements
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7.2 SWALLOWDALE EXTRA CARE SCHEME, EDLINGTON
The scheme received £450,000 S.106 contribution. Provision of suitable older people’s accommodation is a key priority for all Local Authorities, not just Doncaster. The Council has an aspiration to provide modern, good quality accommodation that meets the needs for all its residents including older people. Current older people’s accommodation is out of step in terms of changing demographics (an increasing ageing population), modern aspirations of a new generation of older people, and a legacy of low investment in the past. Good quality housing that meets individual need is a key determinant of health, wellbeing and independent living across all vulnerable groups, especially older people. Extra care housing provides an opportunity to improve the health and wellbeing of the people living within it and enables them to exercise greater choice and control in a safe environment, unlike traditional provision. The new extra care development, Swallowdale, will provide good quality homes for older people reducing the impact of poor health often caused through poor quality housing. Modern extra care facilities such as Swallowdale, offer the following:
Modern design and build techniques resulting in more sustainable and thermally efficient accommodation that is fit for purpose
Good quality, suitable accommodation which offer a range of facilities (self-contained apartments, generous space standards, secure by design, level access showers, underfloor heating, modern kitchens, and attractive environmental spaces)
24/7 On site care and support services offering much more tailored and personalised services
Ability to provide a more personalised telecare and telehealth facilities to enable people with a range of complex needs to live independently for longer
More affordable / cost effective accommodation for residents Easy access to local amenities Assists in diverting clients away from Residential Care, and assists
older people / people with disabilities to live more independently for longer
Prior to the scheme being built the area was a significant brown field site detracting from the local area, suffering from fly tipping and ASB. The scheme is seen as a catalyst to encourage and enable additional housing investment, which will be a boost to the local economy and neighbourhood.
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8.0 FURTHER INFORMATION
Please contact the following for details of projects delivered during 2014/15 or for projects planned for 2015/16: General Enquiries Laura Sharman, S106 Programmes Officer Tel: 01302 737638 Email: [email protected] Michelle Beeney, S106 Programmes Officer Tel: 01302 737477 Email: [email protected]
Affordable Housing Adam Goldsmith - Housing Investment Strategy Manager Tel: 01302 736683 Email: [email protected]
Transport Suzanne Higham -Transport Planner Tel: 01302 735121 Email: [email protected] Education Andy Crabtree – Head of Service, Access to Learning Tel: 01302 736724 Email: [email protected] 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: 01302 735925 Email: [email protected] West Area
Adwick & Carcroft, Bentley, Conisbrough, Edlington and Warmsworth, Mexborough, Norton & Askern, Roman Ridge, Sprotbrough Steve Thomas Tel: 01302 735782 Email: [email protected]
Central Area
Balby South, Bessacarr, Hexthorpe & Balby North, Town, Wheatley Hills & Intake Claire Scott Tel: 01302 735484 Email: [email protected]