Agenda item

Council considered a motion proposed by the Labour Group.

On a motion from Councillor Dave Biddleston, seconded by Councillor Matt McCabe it was unanimously

RESOLVED that

Council notes:

1. Like every other council, BNES has government targets for significantly more homes than it had expected to build. New housing developments will bring a clear increase in ‘planning gain’ – developer agreements involving funding or in-kind provision – to mitigate the impacts of development on the immediate surrounding area and its community. This will happen throughout BNES – in Bath, and its surrounding towns and villages, which have many smaller councils (town and parish councils).

2. The Community Infrastructure Levy (CIL) and Section 106 agreements are essential mechanisms for ensuring that developers and developments both contribute to local infrastructure and community improvements, and mitigate the impact of the development.

3. Transparency is important inhow CIL and Section 106 funds are collected, allocated, and spent.

4. The CIL is a tax on certain types of development in the authority area. ‘Strategic CIL’ is a central fund, allocated to essential strategic infrastructure as identified in our Infrastructure Delivery Plan. ‘Neighbourhood CIL’ is made up of a proportion of the CIL funds collected from new developments, which is passed to the Town or Parish Council, or the Bath Neighbourhood CIL committee, where the CIL was generated, for that council to address local priorities. If Neighbourhood CIL funds remain unspent after 5 years, they are returned to the strategic pot.

5. Section 106 agreements are specific obligations attached to a planning approval and are negotiated on behalf of the local community by the planning officer. The condition will be fulfilled either by the Council or the developer as part of the permission.

6. Throughout Bath & North East Somerset, the effective and transparent allocation of these funds, with appropriate consultation, is critical to maintaining public trust, as well as to ensuring local communities see developments’ tangible benefits.

7. A growing number of councils have therefore adjusted their processes, e.g.:

·  Watford has launched a Neighbourhood Grant Portal which allows local people to apply for Neighbourhood CIL funding to address the impact of new development.

·  Chichester has created an Infrastructure Business Plan to improve tracking of need and delivery of Strategic CIL.

·  Sevenoaks has developed an interactive Neighbourhood CIL dashboard so developers and residents can access information on all allocations, in real time, including the total amount passed to town and parish councils.

8. The Council’s Head of Planning has confirmed that the resolutions in this motion are contained within the existing Planning Service budget.

Council Believes:

9. A healthily functioning planning system needs greater accountability, transparency about the mitigation of impact, and funds being allocated in a timely and effective manner – as per the development agreement.

10. Residents, and those working and studying here, have a right to know and understand how locally-generated development contributions are being used to benefit their local areas and to mitigate development impact.

11. Clear and accessible reporting of CIL and Section 106 funds will enhance community confidence in BNES’ strategic vision and governance around planning.

Council Resolves to:

12. Review the Council's processes for meaningful engagement with smaller councils and communities, ensuring local voices are heard and their views reflected in infrastructuredecision-making.

13. Bring strategic annual CIL reports to full council as part of the budget report every year.

14. Provide regular updates on the progress of current funded projects, ensuring clarity on how funds are currently being used to improve local infrastructure and services.

15. Provide comprehensive training on development gain, community engagement and how to make the best use of the funds, and deliver projects, for BNES councillors as well as BNES Parish and Town Councils.

16. Investigate options to improve reporting and transparency on CIL and Section 106 funding including establishing a publicly accessible online register, detailing:

·  The total value of Section 106 obligations agreed annually.

·  A breakdown of specific projects, timelines, and expenditure to date

·  Any unspent funds, their intended purpose, and deadlines.

17. Undertake a piece of work to look at how Section 106 Agreements are drawn up, with a view to ensuring maximum deliverability.