Agenda item

To consider the report by the Director for the Economy, attached as Item 8.

The report provided an update on negotiations to vary the original s106 agreement signed in connection with the West Durrington development (reference WB/11/0275/OUT).

An addendum had been circulated since despatch of the papers, which included Officers’ responses to some of the concerns from the Residents’ Association.

The Head of Planning and Development shared an aerial photograph of the scheme for Members’ attention and stated the key issues related to the area around the proposed school and community facilities.  He advised the original s106 agreement included a school site of 1.1 hectares, and a financial contribution towards the construction of the school, with the potential for the County Council to acquire additional land.  Many discussions had been held since the granting of planning permission, back in 2011, and the original intention for various triggers to be met had been exceeded in some cases however, there had also been triggers missed by all parties the Consortium, WSCC and the Borough Council.

The Officer advised the County Council and the Department for Education (DfE) had been through a tender process to nominate a Trust to build the school and had held discussions to decide how much land might be required and whether some of the community facilities could be linked to the school. 

The Officer confirmed the DfE had now negotiated directly with the Consortium and had agreed a school site which incorporated some additional land to provide a two-form entry local Trust school, with an appropriate level of outdoor space.  However, the Legal Agreement needed to be amended to reflect those discussions and secure additional land in lieu of a financial contribution towards the construction of the new school.    

Regarding the Community Centre, the Officer said that Members may recall that Reserved Matters had been granted for the Centre some time ago, however, there had been no certainty as to a future occupier at that stage.  Therefore, discussions had been held with the Parks and Communities Teams for an alternative way forward, whereby the community land (indicated on a plan in the report) would be transferred to the Borough Council, together with a financial contribution equivalent to the cost of construction, so that the Council could liaise with a future tenant regarding the Centre’s detailed design and internal specifications.

The Officer concluded by referring to other elements within the report which, in summary, included the marketing of land for additional community space (previously earmarked for a Medical Centre) the potential for an off site skateboard facility/green gym; and other community facilities.

A Member asked whether there was any cost incurred through missing triggers.  The Officer advised that all parties had missed triggers and therefore had agreed to meet their own legal costs, however, there would be some additional costs in terms of building the community centre.  Nevertheless, this would be more cost effective in the long run by avoiding the Consortium building a Community Centre to a specification that would not be suitable for a future tenant.

Another Member said she understood the Committee were being asked to vary the original s106, however, whatever was achieved by Officers, she asked whether it would  come back to the Committee for their approval and consideration.  The Officer responded by stating that should there be any significant variation to the Heads of Terms attached to the report as a result of future negotiations, the matter would come back to Committee..

The Member raised a further query in relation to the draft Heads of Terms, Clause 16, Education. The Councillor understood that £960,000 was to be contributed by the Consortium for the delivery of the school, but were now to give away some land free of charge.  She therefore asked whether Officers had valued the land and whether it met that sum of money.  The Officer advised many discussions had been held between the Consortium, WSCC and DfE and that a viability exercise had been undertaken but the Borough Council had not been involved directly in those discussions.

Another comment raised was in relation to the potential delivery of a skatepark/youth facility which was yet to be confirmed.  The Officer agreed that community engagement, particularly with the youth, was important to deliver the most appropriate community facility for the area.  It would be also important to engage with the West Durrington Residents Association.

Decision

The Committee Members unanimously AGREED that the s106 signed in connection with the outline planning permission WB/11/0275/OUT be amended as set out in the report and in line with the Heads of Terms set out at Appendix I.