Hillingdon Council Cabinet Member and Officer Decisions
New Allocation of S106 Contributions 2021/22: Carbon Reduction Scheme – Lighting Upgrades to Breakspear Crematorium and Charville Lane Children’s Home
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Democratic Services Location: Phase II Ext: 0692 DDI: 01895 25 0692 My Ref: NF To: COUNCILLOR IAN EDWARDS LEADER OF THE COUNCIL COUNCILLOR MARTIN GODDARD CABINET MEMBER FOR FINANCE c.c. Perry Scott, Director of Infrastructure, Procurement, Business Improvement, Communications, Waste Services & ICT c.c. Chairman of the Environment, Housing and Regeneration Select Committee c.c. Nicola Wyatt / Dave Grimshaw - Planning, Environment, Education & Community Services c.c. Conservative and Labour Group Offices (inspection copy) Date: 16 July 2021 Non-Key Decision request Form D NEW ALLOCATION OF S106 CONTRIBUTIONS 2020/21: Carbon Reduction – Lighting Upgrades at Breakspear Crematorium and Charville Lane Children’s Home Dear Cabinet Member Attached is a report requesting that a decision be made by you as an individual Cabinet Member. Democratic Services confirm that this is not a key decision, as such the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 notice period does not apply. You should take a decision on or after Monday 26 July 2021 in order to meet Constitutional requirements about publication of decisions that are to be made. You may wish to discuss the report with the Corporate Director before it is made. Please indicate your decision on the duplicate memo supplied, and return it to me when you have made your decision. I will then arrange for the formal notice of decision to be published. Neil Fraser Democratic Services Officer Title of Report: NEW ALLOCATION OF S106 CONTRIBUTIONS 2020/21: Carbon Reduction – Lighting Upgrades at Breakspear Crematorium and Charville Lane Children’s Home Decision made: Reasons for your decision: (e.g. as stated in report) Alternatives considered and rejected: (e.g. as stated in report) Signed ………………………………………………………Date…………………….. Leader of the Council / Cabinet Member for Finance Cabinet Member Report – 16 July 2021 Page 1 Part I - Public NEW ALLOCATION OF S106 CONTRIBUTIONS 2020/21: Carbon Reduction – Lighting Upgrades at Breakspear Crematorium and Charville Lane Children’s Home Cabinet Members Councillor Ian Edwards Councillor Martin Goddard Cabinet Portfolios Leader of the Council Cabinet Member for Finance Officer Contact Nicola Wyatt / Dave Grimshaw - Planning, Environment, Education & Community Services Papers with report None HEADLINES Summary To seek approval to allocate a total of £93k from the S106 contributions held at E/116/345C and PPR/104/355B towards upgrading the lighting at Breakspear Crematorium and Charville Lane Children’s Home to LED, as outlined in the report. Putting our Residents First This report supports the Council objective of strong financial management. Financial Cost This report seeks to allocate £93,000 from the s106 contributions held by the Council to progress the scheme outlined in this report Relevant Select Committee Environment, Housing & Regeneration Ward(s) affected West Ruislip and Charville Portfolio Member approval Councillor Eddie Lavery RECOMMENDATIONS That the Leader of the Council and Cabinet Member for Finance: 1) approve the allocation of £60,000 from the S106 contribution held by the Council at E/116/345C, to be used towards upgrading the lighting system at Breakspear Crematorium to LED to improve energy efficiency; and Cabinet Member Report – 16 July 2021 Page 2 Part I - Public 2) approve the allocation of £ 33,000 from the S106 contributions held by the Council at E/116/345C (£21,000) and PPR/104/355B (£12,000), to be used towards upgrading the lighting system at Charville Lane Children’s Home to LED to improve energy efficiency. Reasons for recommendations Following a Cabinet decision on 19 March 2009, the allocation of S106 and Section 278 (S278) funds is now required to be formally approved by the Leader of the Council and the Cabinet Member for Finance [Property and Business Services] on a case -by-case basis. This re port requests the approval for the S106 funds held case references detailed in this report and to be committed as outlined in this report. Alternative options considered The Cabinet Members may agree to fund the scheme and/or suggest alternative projects to which funds could be allocated within the terms of the relevant legal agreements. If the S106 funds are not allocated to an appropriate scheme, the unspent funds may need to be refunded. Select Committee comments None at this stage. SUPPORTING INFORMATION 1. Planning obligations, or S106 agreements, are an established mechanism for mitigating planning effects arising from development proposals. The agreements are usually negotiated within the context of planning applications, between Local Planning Authorities and persons with an interest in the piece of land (owners, leaseholders or developers). They are intended to make development acceptable, which would otherwise be unacceptable in planning terms. 2. Any S106 monies generated from planning agreements must be spent on their intended purpose and that the associated development contributes to the sustainability of the area by addressing the impacts of the development proposals. As a result, expenditure of S106 funds must relate to a specific development and must be in accordance with the corresponding legal agreement. If a contribution is not used for the intended purpose or not spent within the period allocated in the S106 agreement, the monies may need to be returned. 3. In July 2008, the Council adopted a Supplementary Planning Document (SPD) for Planning Obligations which outlined the Council's approach, policies and procedures in respect of planning obligations. This document has recently been replaced by the Updated Planning Obligations SPD (adopted July 2014) which reflects the introduction of Hillingdon's Community Infrastructure Levy (CIL). The original SDP is, however, still relevant for contributions negotiated before the introduction of CIL on 1 August 2014 and pr ovides stakeholders with a fair, transparent and predictable basis for the implementation of S106 agreement. Details of the financial planning obligations held by the Council and the progress being made in their allocation and implementation are reported t o Cabinet on a quarterly basis through the 'Planning Obligations Financial Monitoring Report.' The purpose of this report is to further assist in providing a transparent approach to the allocation of S106 funds. Cabinet Member Report – 16 July 2021 Page 3 Part I - Public S106 contribution held at case reference E/116/345C Details of agreement 4. A contribution of £81,000 was received in accordance with a S106 Unilateral Undertaking dated 19 April 2016 and relating to the refurbishment and extension of the Charter Building, Vine Street, Uxbridge (planning references 30675/APP/2014/1345 & 30675/APP/2016/645). The funds have been received as an offsite carbon contribution and are to be used towards reducing carbon emissions within the London Borough of Hillingdon. The funds must be spent within 5 years of receipt (October 2021). Planning background 5. On 17 February 2016, planning permission for a non-material amendment to an existing planning permission (planning reference 30675/APP/2014/ 1345) for the refurbishment and extension of the existing office building with up to 1000sqm of ancillary class A1, A3 and D2 uses was approved. The amendment included a proposal to reduce the number of PV panels to be installed on the roof of the building, to reduce the visual impact on the setting of the Old Uxbridge/Windsor Street Conservation Area. Officers concluded that the loss of some of the PV panels would reduce the level of carbon emission reduction the development could achieve from 32.4% to 25%. The developer therefore agreed to provide a financial contribution commensurate with the level of the shortfall, for the Council to secure delivery of carbon dioxide savings elsewhere in the Borough. Planning permission was subsequently approved, and the above contribution duly received. Proposed allocation 6. Officers are requesting that a total of £60,000 from the S106 carbon saving contribution held at E/116/34 5C is now allocated towards a scheme to upgrade the lighting at Breaks pear Crematorium as outlined in paragraphs 10-13 below. This will leave a balance of £21,000 that officers are requesting is allocated towards a similar scheme to upgrade lighting at Charville Lane Children’s Home as outlined in paragraphs 14-17 below. S106 contribution held at case reference PPR/104/355B Details of agreement 7. A contribution of £82 ,800 was received in accordance with a S106 agreement dated 9 October 2015 and relating to the rede velopment of the former EMI site, Dawley Road, Hayes (planning reference 8294/APP/2015/1406). The funds have been received as an offsite carbon contribution and are to be used towards investment in local energy efficiency and carbon reduction measures within the authority’s area. The funds must be spent within 7 years of receipt (November 2022). Planning background 8. On 16 July 2015, planning permission for the redevelopment of the former EMI site to provide 10,728sqm of class B1(C) (general industrial) and class B8 (storage and distribution) floor space was considered by the Major Applications Planning Committee. At Committee, officers advised that, despite best efforts, the development could not meet the required energy reduction target for the scheme. The developer had therefore agreed to provide a financial contribution Cabinet Member Report – 16 July 2021 Page 4 Part I - Public commensurate with the level of the shortfall, for the Council to secure delivery of carbon dioxide savings elsewhere in the Borough. Planning permission was subsequently approved, and t he above contribution duly received. Proposed allocation 9. Officers are requesting that a total of £12 ,000 from the S106 carbon saving contribution held at PPR/104/355B is allocated towards the scheme to upgrade lighting at Charville Lane Children’s Hom e as outlined in para graph 14-17 below. This will leave a balance of £70,800 available to be allocate towards another eligible scheme. 1. Proposed Scheme: Breakspear Crematorium, upgrade of lighting to LED 10. Breakspear Crematorium was opened in December 1957 and subsequently extended in 1972 when a second Chapel was built. The s ite is used by customers and visitors for cremation services and for memorial purposes. 11. Following a survey of the top energy consumers on the corpo rate estate, Breakspear Crematorium has been identified as the third highest consumer, with most energy being consumed by the existing lighting. Officers are therefore proposing to replace all the internal and external light fitting with more efficient LED. 12. Modelling has shown that , by replacing the 600 light fittings with LED equivalent, energy consumption can be reduced by 56% and reduce the carbon footprint of the building by 19.18 tonnes of CO 2 per annum. It is anticipated that t he upgrade will also reduce energy costs by £11,400 per annum and will repay the capital expenditure within 9 years. 13. The total cost of providing the scheme is budgeted to be £113,329. This will be funded from the Property Works Programme budget. If approved, the allocation of £60,000 from the S106 contribution held at E/116/345C will contribute towards financing the scheme and consequently will reduce the call on Council resources. 2. Proposed scheme: Charville Lane Children’s Home, upgrade of existing communal and emergency lighting to LED 14. Charville Lane Children’s Home is a Council owned residential home for young refugees . The care home provides accommodation for 13 vulnerable children and 3 staff. 15. The existing lighting layout within the care home consist s mainly a mixture of non energy efficient Compact Fluorescent Lamps (CFL). The proposal is to install new LED communal and emergency lighting with 24v Commulite fully remote monitored lighting system. This will upgrade the lighting in compliance with current regulations and ensure sufficient levels of lighting to enable residents to be evacuated safely in the event of a mains failure or emergency situation. 16. The installation of the Commulite LED intelligent emergency lighting system will also assist to reduce the Council’s carbon footprint. It is anticipated that the upgraded system will provide the care home with up to 9 h ours of lighting in emergency conditions and reduce energy costs by 50%. Cabinet Member Report – 16 July 2021 Page 5 Part I - Public 17. The breakdown of the costs of the recommended tender, and the overall costs of the installation of the LED communal and emergency lighting, is shown in Table 1 below. Table 1: Cost Plan Project cost plan Cost (£) Cost of works £28,916 Project contingency (10%) £2,892 FM Management fees (5%) £1,446 Total £33,254 18. Both schemes have been assessed by the Council's Sustainability Officer who has confirmed that the measures as described would be capable of generating savings commensurate with the level of funding requested. Financial Implications The report requests the allocation of £93k from the following S106 contributions towards two schemes: Table 2: S106 Contributions S106 Funding Reference Scheme Amount Time Limit to Spend E/116/345C Charter Place, Vine Street, Uxbridge 81,000 Oct-21 PPR/104/355B Fmr EMI Site, Dawely Road, Hayes 82,800 Nov-22 Total S106 £163,800 Recommendation 1 Recommendation 1 requests the allocation of £60k from the S106 contribution held at E/116/345C. The S106 contribution is to be used towards upgrading the lighting system at Breakspear Crematorium for LED lights to improve energy efficiency. The total cost of the project is £113k, which is to be funded by Council resources. Recommendation 2 requests the allocation of £33k from two S106 contributions. The remaining £21k from E/116/345C and £12k from PPR/104/355B. These S106 contributions are to be used towards upgrading the lighting system at Charville Lane Children’s Home for LED lights to improve energy efficiency. The total cost of the scheme is £33k which is to be fully funded by S106. The approval of the £93k S106 will contribute towards the financing of the schemes and will reduce the call on Council resources. The allocation of the S106 contributions meets the conditions as stipulated in the S106 agreements. The S106 contribution held at E/116/345C is at high risk of being returned to the developer if it is not utilised by October 2021. The remaining S106 balance of £71k held at PPR/104/355B is subject to the allocation process and needs to be spent by November 2022 to avoid being returned to the developer. Cabinet Member Report – 16 July 2021 Page 6 Part I - Public RESIDENT BENEFIT & CONSULTATION The benefit or impact upon residents, service users and communities? The recommendations will enable external funds to be spent to maximum effect to provide viable improvements for the benefit of local communities. Consultation carried out or required Consultations will be carried out as part of individual project development. CORPORATE CONSIDERATIONS Corporate Finance Corporate Finance concurs with the financial implications above, noting that the introduction of LED lighting at Breakspear C rematorium and Charville Children’s Home is eligible to be funded from carbon saving related Section 106 contributions and will reduce future energy costs at both sites. Legal Legal Services has considered the contents of the Section 106 agreement referred to in the report and concludes that the recommendations presented are consistent with the terms of the agreement. Infrastructure / Asset Management Infrastructure and Asset Management comments are included within the report. BACKGROUND PAPERS Planning Obligations Quarterly Monitoring Report to Cabinet June 2021 Planning Obligations Supplementary Planning Document Adopted July 2008 and amended July 2014
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Executive Decision Notice – 26 July 2021 Page 1 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk OFFICIAL EXECUTIVE DECISION NOTICE PUBLISHED BY DEMOCRATIC SERVICES Notice is hereby given that the following decision(s) have been made today by Cabinet Members at the London Borough of Hillingdon: Title of decision NEW ALLOCATION OF S106 CONTRIBUTIONS 2020/21: Carbon Reduction – Lighting Upgrades at Breakspear Crematorium and Charville Lane Children’s Home Reference No. 229 Date of decision 26 July 2021 Call-in expiry date 5pm, on 02 August 2021 Relevant Select Committee(s) Environment, Housing and Regeneration Select Committee Relevant Ward(s) Charville and West Ruislip Decision made Cabinet Members making the decision Cllr Ian Edwards – Leader of the Council Cllr Martin Goddard - Cabinet Member for Finance DECISION APPROVED That the Leader of the Council and Cabinet Member for Finance: 1) Approved the allocation of £60,000 from the S106 contribution held by the Council at E/116/345C, to be used towards upgrading the lighting system at Breakspear Crematorium to LED to improve energy efficiency; and 2) Approved the allocation of £33,000 from the S106 contributions held by the Council at E/116/345C (£21,000) and PPR/104/355B (£12,000), to be used towards upgrading the lighting system at Charville Lane Children’s Home to LED to improve energy efficiency. Reason for decision The allocation of S106 and Section 278 (S278) funds is required to be formally approved by the Leader of the Council and the Cabinet Member for Finance on a case-by-case basis. Executive Decision Notice – 26 July 2021 Page 2 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk Alternative options considered and rejected Consideration was given to the partially built site and it was considered to complete in favour of the proposed scheme which has housing benefits for residents. Classification Part 1 - Public Link to associated report Here. Relevant Officer contact & Directorate Nicola Wyatt / Dave Grimshaw - Planning, Environment, Education & Community Services Any interest declared by the Cabinet Member(s) / dispensation granted N/A Implementation of decision & scrutiny call-in [Internal Use only] When can this decision be implemented by officers? Officers can implement Cabinet Member decision in this notice only from the expiry of the scrutiny call-in period which is: 5pm, on 02 August 2021 However, this is subject to the decision not being called in by Councillors on the relevant Select Committee. Upon receipt of a valid call-in request, Democratic Services will immediately advise the relevant officer(s) and the decision must then be put on hold. Councillor scrutiny call- in of this decision Councillors on the relevant Select Committee shown in this notice may request to call-in this decision. The request must be before the expiry of the scrutiny call-in period above. Councillors should use the Scrutiny Call-in App (link below) on their devices to initiate any call-in request. Further advice can be sought from Democratic Services if required: Scrutiny Call-In - Power Apps (secure) Further information These decisions, where applicable, have been taken under The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. This is the formal notice by the Council of the above executive decision, including links to the reports where applicable. If you would like more information on this decision, please contact Democratic Services on 01895 250636 or email: democratic@hillingdon.gov.uk. Circulation of this decision notice is to a variety of people including Members of the Council, Corporate Directors, Officers, Group Secretariats and the Public. Copies are also placed on the Council’s website. Democratic Services London Borough of Hillingdon Civic Centre Executive Decision Notice – 26 July 2021 Page 3 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk High Street Uxbridge UB8 1UW