Hillingdon Council Cabinet Member and Officer Decisions
New Allocation of S106 Contributions 2021/22: Implementation of Hillingdon’s Air Quality Action Plan (2019-2024)
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Democratic Services Location: Phase II Ext: 0833 DDI: 01895 250833 Ref: CMD 293 To: COUNCILLOR IAN EDWARDS LEADER OF THE COUNCIL COUNCILLOR MARTIN GODDARD CABINET MEMBER FOR FINANCE COUNCILLOR EDDIE LAVERY CABINET MEMBER FOR ENVIRONMENT, HOUSING AND REGENERATION c.c. All Members of the Environment, Housing & Regeneration Select Committee c.c. Dan Kennedy, Corporate Director for Planning, Environment, Education and Community Services c.c. Nikki Wyatt, Planning, Environment, Education and Community Services c.c. Val Beale, Planning, Environment, Education and Community Services c.c. Conservative and Labour Group Offices (inspection copy) Date: 01 October 2021 Non-Key Decision request Form D NEW ALLOCATION OF S106 CONTRIBUTIONS 2021/22: Implementation of Hillingdon’s Air Quality Action Plan (2019 - 2024). 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 o n or after Monday, 11 Octo ber 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. Jack Roberts Democratic Services Apprentice Title of Report: NEW ALLOCATION OF S106 CONTRIBUTIONS 2021/22: Implementation of Hillingdon’s Air Quality Action Plan (2019-2024). 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 for Environment, Housing and Regeneration Cabinet Member Report (1 October 2021) Page 1 Part 1 - Public NEW ALLOCATION OF S106 CONTRIBUTIONS 2021/22: Implementation of Hillingdon’s Air Quality Action Plan (2019-2024). Cabinet Member(s) Councillor Ian Edwards Councillor Martin Goddard Councillor Eddie Lavery Cabinet Portfolio(s) Leader of the Council Cabinet Member for Finance Cabinet Member for Environment, Housing and Regeneration Officer Contact(s) Val Beale – Planning, Environmental, Education and Community Services Nicola Wyatt – Planning, Environment , Education and Community Services Papers with report None. HEADLINES Summary To seek approval to allocate funds from the s106 contributions currently held at s106 case references towards the projects outlined in the report as part of the Council's Air Quality Action Plan 2019- 2024. Putting our Residents First The report supports the Council objectives of strong financial management. Financial Cost This report seeks to allocate £143,462 from identified s106 contributions held by the Council towards the implementation of the Council's Air Quality Action Plan, as outlined in the report Relevant Select Committee Environment, Housing and Regeneration Select Committee Relevant Ward(s) All RECOMMENDATION That the Leader of the Council, the Cabinet Member for Finance, and the Cabinet Member for Environment, Housing and Regeneration approve a total of £143,462 from the S106 air quality contributions held by the Council to be allocated and used towards the implementation of the Council’s Air Quality Action Plan (2019-2024). Cabinet Member Report (1 October 2021) Page 2 Part 1 - Public Reasons for recommendation As per the Constitution, the allocation of Section 106 (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. This report requests the approval for the S106 funds held at the case reference detailed in this report to be committed as outlined in this report. Alternative options considered / risk management 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 t o 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 been replaced by the Updated Planning Obligations SPD (adopted in 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 provides stakeholders with a fair, transparent and predictable basis for the implementation of S106 agreements. Details of the financial planning obligations held by the Council and the progress being made in their allocation and implementation are reported to 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 (1 October 2021) Page 3 Part 1 - Public Planning Background – developer obligations taken towards the Borough's Air Quality Strategy 4. There are areas of the Borough that suffer from levels of pollution above the national European Union Health Limits. Due to these levels of pollution, and as part of its statutory local air quality management duties, Hillingdon declared an Air Quality Management Area (AQMA) across the bottom two thirds of the Borough and developed an Air Quality Action Plan (AQAP) which includes measures to both monitor and improve local ai r quality. The AQAP has been recently reviewed (2019-2024) and the objectives are to: a. improve the areas of poorer air quality as soon as possible; and b. to continue to improve air quality across the Borough and reduce public exposure to air pollution especially for vulnerable groups within our communities such as the young, the old and those already suffering with associated respiratory illnesses. 5. The s106 contributions referred to in this report were taken in relation to planning applications located within the AQMA and associated within areas where the air quality is particularly poor. In addition, it was also considered that the developments as proposed would lead to an increase in pollutants or would have an adverse impact on the Council's objectives to i mprove air quality within the local area. 6. In accordance with the Council’s Supplementary Planning Document on Planning Obligations 2008, the following obligations may be sought to improve air quality: • Use of low emission fuel technology and other measures to minimise emissions; • Tree and other planting where directly relevant to mitigating the impact of emissions; • Restrictions on certain types of vehicles, improvements to highways junctions to smooth traffic flows; • Use of cleaner fuels for energy and heating; • Use of combined heat and power and community heating systems where appropriate; and • Any other appropriate measures to meet the objectives of the Air Quality Action Plan and/or a financial contributi on towards the monitoring and implementation of air quality management measures in the Authority's area. In some cases, air quality monitoring may be required to ensure these standards can be met and maintained. As such contributions towards the establishment and ongoing maintenance of this may be required if necessary. 7. Officers are requesting that the S106 air quality contributions currently held by the Council and listed in table 1 below, are allocated and spent towards the pr ojects outlined in this report, which are to be implemented as part of the Council's Air Quality Action Plan 2019- 2024 (AQAP 20219-2024). Cabinet Member Report (1 October 2021) Page 4 Part 1 - Public Table 1 - Details of S106 contributions Implementation of the Borough Air Quality Action Plan 8. The Council's Air Quality Action Plan (AQAP) has been updated in accordance with the Mayor of London's London Local Air Quality Management regime. The Plan has incorporated new pollution information including the concept of air quality focus areas. The focus areas are where the pollution levels are predicted to be the highest in the Borough and where there is relevant significant public exposure. It is important to reduce pollution exposure as soon as possible in these areas . It is important that the monitoring of air pollution is continued across the Borough to identify where pollution levels are improving, where the levels remain static or where there may be a worsening of levels. This allows the Council to adjust its actions accordingly. 9. With medical evidence highlighting the detrimental health impacts arising from exposure to air pollution, there is also a recognised need to not only gain improvements just where air quality is currently poor. With this in mind, the Air Quality Action Plan includes measures to gain improvements across the whole Borough to bring about the added health benefits gained by having better air quality. 10. Officers are therefore requesting that funds from the S106 air quality contributions outlined in the table above are allocated towards the implementation of the projects outlined below, in line with the recommendations made in the Council’s Air Quality Action Plan. Some actions will be match funded with the Borough LIP funds and where this is relevant this is noted. Project 1 - Compliance with the non-road mobile machinery regulations (NRMM) (Action Plan measure 3) 11. Construction sites, and in particular the types of plant equipment used on major sites, accounts for elevated levels of the pollutants nitrogen oxides and fine particulate matter. To tackle the issue of the Non- Road Mobile Machinery (NRMM) on construction sites the Cabinet Member Report (1 October 2021) Page 5 Part 1 - Public Mayor of London has imposed a NRMM Low Emission Zone across London with minimum standards set for the equipment used on the major construction sites. It is a requirement for London Borough s, via their Air Quality Action Plans (AQAP), to ensure this policy is properly enforced. 12. There is a specific NRMM planning condition which is applied to all relevant developments, however, there is also the requirement to ensure this is being adhered to. Funds were released by the Mayor of London to participati ng local authorities, which includes the London Borough of Hillingdon, to set up Cleaner Construction for London to carry out audit compliance checks for NRMM at each participating Borough. 13. A selection of the major construction sites in each participati ng authority were audited throughout the year. Where non-compliance issues were found , the officers worked with the construction site managers to work towards compliance as soon as possible. 14. The cost will ensure the participation of the Council in the Cleaner Construction for London enforcement scheme for the year 2021/2022. The cost is £4,000 Project 2 - monitoring the effectiveness of the Air Quality Action Plan (Action Plan measure 1) 15. The London Local Air Quality Management regime requires the Council to monitor and assess air pollution in their areas, and, where this is above the recognised levels set for health, to put in place an Air Quality Action Plan to address the issues. 16. The Air Quality Action Plan 2019-2024 was adopted in May 2019. The monitoring strategy across the Borough has been informed by a review and the updated monitoring network will help to assess the effectiveness of the actions taken by the Council and other partner organisations to improve air quality. The results will be reported each year and provide a trend over time to assess where pollution levels are reducing and where there may be no improvements or a worsening and allow the Council to adjust its actions acc ordingly. 17. The cost includes the continuation of the air quality monitoring stations at strategic locations across the Borough and the updated diffusion tube network for 2021/2022. As the Council is required to keep the public informed of the monitored levels of pollution and to track progress of the implementation of the Air Quality Action Plan, the costs also include the reporting of the pollution results and the progress of the implementation of the Action Plan in the formal submission to the Mayor of London on an annual basis. The cost for 2021/22 is £55,000 Project 3 - Expert evaluation and implementation of the Air Quality Action Plan - Borough-wide (Action Plan measures 1, 9, 19, 20) 18. The implementation of the Council's Air Quality Action Plan (2019-2024) requires specialist technical advice to quantify the impacts of pollution in the Borough , identify trends from Cabinet Member Report (1 October 2021) Page 6 Part 1 - Public monitoring data, identify measures that can be taken to improve air quality, and develop policies that will secure improvements to local air quality levels, with the overall aim of improving health and wellbeing. 19. Securing the appropriate technical advice is therefore essential to fully implement the projects outlined in the C ouncil's AQAP as required by the Planning Obligations SPD (2014). This support includes expert data analysis to enable the Council to identify the key priority areas in the Borough for action and meet its objective of improving the areas of poorer air qual ity as soon as possible (AQAP, 2019-2024). This proposed allocation is sufficient to secure technical support for the implementation of the AQAP for the year 2021/2022. The total cost is £30,000 Project 4 - Prioritising Air Quality Focus Areas (Action plan measure 19) 20. Air quality modelling from the G reater London Authority (GLA) has identified several air quality focus areas within the London Borough of Hillingdon. Air quality focus areas are identified as places where the air quality is poor, there is public exposure, and actions to improve air quality should be prioritised. There are currently 11 separate focus areas in Hillingdon. The Council is expected to report annually to the GLA on the measures undertaken and the improvements made. 21. This project will look at the following Air Quality Focus Area: • Harlington High Street 22. The project will examine the existing conditions and identify a package of measures to improve the local air quality. It will identify measures for immediate implementation as well as those for the medium and long terms to ensure the benefits are locked in. 23. The original request for £10k has been reduced to £9k as funding has been found from other non- council resources. It has the additional benefit of providing firm evidence for further funding via a Transport team bid, made in conjunction with the HS Property Group (HSPG), to Highways England to secure £250k for a cycle lane between Heathrow and Hayes via Harlington High Street . This would have the benefit of providing a sustainable means of transport for airport workers Cost - £9,000 Project 5 - Provision of Green infrastructure at Hayes and Harlington Station (Action Plan measure 18) 24. The Council promotes the use of public transport hubs for sustainable travel. Ensuring the journey to and from such hubs is a clean environment is a key aim of the Healthy Streets initiative. Well placed green infrastructure can help to improve the air quality in the local area. The Hayes area is a declared Air Quality Focus Area. The work of the Town Centre team has provided enhancement to the public realm, especially in the linkages to the Crossrail station via the subway. This costed project adds to this work by providing Cabinet Member Report (1 October 2021) Page 7 Part 1 - Public additional green infrastructure around the station area wher e there is likely to be significant footfall. The additions enhance the Healthy Streets Index of this area. 25. The project will provide a low maintenance community green space with species to help improve air quality. This will also improve the overall customer experience for passengers using the underpass to access train services, complementing the bespoke light/sound public art installation which has been commissioned for the underpass itself. Cost - £8,000 Project 6 - Raising awareness (Action Plan measure 12) 26. This project will ensure the Council continues with the provision of the airTEXT pollution alert system for residents. It will also ensure that the Council meets the requirement for the provision of publicly available data , including the requirement for an annual status report on air quality monitoring trends and action taken. Cost - £2,000 Project 7- Healthy Streets Improvements (Action Plan measure 20) 27. The provision of a healthy streets approach is a key objective of Mayor’s Transport Strategy. The approach focuses on creating streets that are pleasant, safe and attractive, where noise, air pollution, accessibility and lack of seating and shelter are not barriers that prevent people from getting out and about. This project wil l identify the key streets within the Borough where pollution levels are highest and the healthy streets index is low and provide an implementation plan for actions to improve the Healthy Streets index, especially in areas where the air quality is poor. Cost - £20,000 Project 8 – Air quality in schools (Action Plan measure 14) 28. Improving air quality and raising awareness of pollution issues around schools is a key priority of the AQAP. Significant work has been undertaken in 2020/2021 to provide green barriers and additional trees at schools where school play areas were identifie d as being in close proximity to the road with no protection from exposure to road emissions. 29. In 2020/2021 a pilot project was undertaken to complement the barrier work with educational workshops on air pollution, its effects and actions for improvement. Schools in the higher pollution areas were prioritised for the pilot project. The workshops linked pollution with active travel and gave pupils an insight into how their travel behaviour could help improve air quality. The pilot was successful, with all 10 schools recommending the workshops to other schools. 30. This project would bring the workshops to a further 16-20 schools, this time being delivered within the school environment, restrictions allowing. Implementing actions from the workshops has been linked with the school’s travel plans and integrated into the STARS accreditation system. Cabinet Member Report (1 October 2021) Page 8 Part 1 - Public Cost - £15,000 31. The table below provides a summary of the amount of S106 funds to be allocated towards the air quality schemes outlined in this report. Air Quality Action Plan Description Amount (£’s) Project 1 - Compliance with the non-road mobile machinery regulations (NRMM) (Action Plan measure 3) 4,000 Project 2 - monitoring the effectiveness of the Air Quality Action Plan, including annual reporting to the GLA on progress (Action Plan measure 1) 55,000 Project 3 - Expert evaluation and implementation of the Air Quality Action Plan - Borough-wide (Action Plan measures 1, 9, 19, 20) 30,000 Project 4 - Prioritising Air Quality Focus Areas (Action plan measure 19) 9,000 Project 5 - Provision of Green infrastructure at Hayes and Harlington Station (Action Plan measure 18) 8,000 Project 6 - Raising awareness (Action Plan measure 12) 2,000 Project 7 - Healthy Streets Improvements (Action Plan measure 20) 20,000 Project 8 – Air Quality in Schools 15,000 Contingency 462 Total £143, 462 Financial Implications The report requests the allocation of £143, 462 from five S106 contributions detailed in the table below: S106 Funding Reference Scheme Amount Time Limit to Spend Cabinet Member Report (1 October 2021) Page 9 Part 1 - Public E/85/300D Former Powergen Site, North Hyde Gardens, Hayes 25,000 N/A E/102/360B Former Unitair Centre, Great South West Road, Feltham 26,000 N/A E/104/371C 272-276 Bath Road, Hayes 24,537 N/A E/121/404E The Gatefold Building, Blyth Road, Hayes 27,888 Apr-24 E/142/441C 297 Long Lane, Hillingdon 40,037 Dec-26 Total S106 £143,462 The S106 funds are proposed to be utilised towards implementation of the Council’s Air Quality action plan within the Borough as detailed throughout the report. The S106 contributions will be accounted for under the S106 funded revenue projects. Utilising the S106 towards the Air Quality action plan will reduce the call on Council resources. If the S106 contributions held at E/121/404E and E/142/441C are not spent on their intended purpose of improving Air Quality within the Borough by the stipulated deadline, the funds will need to be returned to the developer as per the S106 agreements. 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 Not required CORPORATE CONSIDERATIONS Corporate Finance Corporate Finance concurs with the financial implications above, noting that the Air Quality Action Plan will be funded from developer contributions in accordance with the planning obligation agreements, with no impact on Council resources. Legal Legal Services have considered the content of the section 106 agreements referred to in this report and concludes that the recommendations presented are consistent with the terms of the respective agreements. Infrastructure / Asset Management There are no Infrastructure /Asset Management implications arising from the recommendations in this report. Cabinet Member Report (1 October 2021) Page 10 Part 1 - Public Comments from other relevant service areas The scheme has been developed in consultation with relevant service groups as appropriate. BACKGROUND PAPERS Planning Obligations Quarterly Monitoring Report to Cabinet March 2021 Planning Obligations Supplementary Planning Document Adopted July 2008 and amended July 2014.
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Executive Decision Notice – 13 October 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 2021/22: Implementation of Hillingdon’s Air Quality Action Plan (2019-2024). Reference No. 293 Date of decision 13 October 2021 Call-in expiry date 5pm, on 20 October 2021 Relevant Select Committee(s) Environment, Housing and Regeneration Select Committee Relevant Ward(s) All wards Decision made Cabinet Members making the decision Councillor Ian Edwards – Leader of the Council Councillor Martin Goddard - Cabinet Member for Finance Councillor Eddie Lavery – Cabinet Member for Environment, Housing and Regeneration DECISION APPROVED That the Leader of the Council, the Cabinet Member for Finance, and the Cabinet Member for Environment, Housing and Regeneration approve d a total of £143,462 from the S106 air quality contributions held by the Council to be allocated and used towards the implementation of the Council’s Air Quality Action Plan (2019-2024). Reason for decision As per the Constitution, the allocation of Section 106 (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. Due to areas of the Borough suffering from pollution levels above the national European Health Limits, the Leader and Cabinet Members decided to approve for the S106 funds to be committed t o aid the im plementation of Hillingdon’s Air Quality Action Plan. Alternative options considered and rejected The Leader and Cabinet Members could have agreed to fund the scheme and / or suggest alternative projects to which funds could be allocated within the terms of the relevant legal agreements. However, if the S106 funds are not allocated to an Executive Decision Notice – 13 October 2021 Page 2 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk appropriate scheme, the unspent funds may need to be refunded. Classification Part 1 - Public Link to associated report The associated officer report can be found here. Relevant Officer contact & Directorate Val Beale – Planning, Environment, Education and Community Services Nicola Wyatt – Planning, Environment, Education and 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 20 October 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 High Street Executive Decision Notice – 13 October 2021 Page 3 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk Uxbridge UB8 1UW