Hillingdon Council Cabinet Member and Officer Decisions
New Allocation of S106 Contributions & Capital Release 2022/23: Minet Country Park Improvements (Release No 2)
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Democratic Services Location: Phase II Ext: 0185 DDI: 01895 250185 CMD No: 707 To: COUNCILLOR MARTIN GODDARD CABINET MEMBER FOR FINANCE COUNCILLOR EDDIE LAVERY CABINET MEMBER FOR RESIDENTS’ SERVICES c.c. All Members of th e Residents’ Services Select Committee c.c. Nicola Wyatt – Place Directorate c.c. Hayley Thomas – Place Directorate c.c. Perry Scott – Corporate Director of Place c.c. Ward Councillors for Wood End Date: 16 February 2023 Non-Key Decision request Form D NEW ALLOCATION OF S106 CONTRIBUTIONS & CAPITAL RELEASE 20 22/23: Minet Country Park Improvements (Release No 2) 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 Friday 24 February 2023 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. Liz Penny Democratic Services Officer Title of Report: New Allocation of S106 Contributions & Capital Release 2022/23: Minet Country Park Improvements (Release No 2) Decision made: Reasons for your decision: (e.g. as stated in report) Alternatives considered and rejected: (e.g. as stated in report) Signed ……………………………………………………… Date…………………….. Cabinet Member for Finance / Cabinet Member for Residents’ Services Capital Release Report – 16 February 2023 Page 1 Part 1 - Public NEW ALLOCATION OF S106 CONTRIBUTIONS & CAPITAL RELEASE 2022/23: Minet Country Park I mprovements (Release No 2) Cabinet Member(s) Councillor Martin Goddard Councillor Eddie Lavery Cabinet Portfolio(s) Cabinet Member for Finance Cabinet Member for Residents Services Officer Contact(s) Nicola Wyatt – Place Directorate Hayley Thomas – Place Directorate Papers with report Appendix A with capital release requests for approval HEADLINES Summary To seek Cabinet Member approval to allocate and release £462,940 from the S106 contribution held at E/151/557A towards a scheme of recreational and ecological improvements at Minet Country Park. Putting our Residents First This report supports our ambition for residents / the Council of: Enjoy access to green spaces, leisure activities, culture and arts This report supports our commitments to residents of: A Green and Sustainable Borough Financial Cost This report seeks to allocate £462,940 from a s106 contribution held by the Council to progress the scheme outlined in this report. Relevant Select Committee Residents’ Services Select Committee Relevant Ward(s) Wood End RECOMMENDATIONS 1) That the Cabinet Member for Finance approve s the allocation of £462,940 from the S106 contribution held at E/151/557A and relating to the redevelopment of Southall Gas Works, towards recreational / ecological improvements at Minet Country Park; and 2) That the Cabinet Member for Finance and the Cabinet Member for Residents’ Services approve the capital release request of £337,940 towards the scheme as set out in Appendix A. Capital Release Report – 16 February 2023 Page 2 Part 1 - Public Reasons for recommendations In accordance with the Council Constitution, the allocation of Section 106 (S106) and Section 278 (S278) funds is required to be formally approved by the Cabinet Member for Finance on a case- by-case basis – and any capital release, in conjunction with the relevant Cabinet portfolio holder. This report requests the approval for the s 106 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 S 106 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 Purpose of Planning Obligations 1 Planning obligations, or S 106 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 l ocal 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 S 106 monies generated from planning agreements must be spent on their intended purpose and the associated development contribute 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. S106 contribution held at case reference E/151/557A Details of agreement 3. In accordance with a S106 planning agreement dated 29 September 2010 and subsequent DOV dated 7 September 2017, the Council has received the first instalment of the Minet Country Park contribution £462,939 (i.e £380,000 plus indexation) from the f ormer Southall Gas Works development, now known as the Green Quarter. The contribution must be spent within 5 years of receipt (May 2026). Two further instalments of £730k each (plus any indexation), are also due to be received by the Council as the development reaches the following two triggers; • 12 months before completion of Springfield Road pedestrian and cycle bridge or prior to occupation of 1,500 dwellings (whichever is earlier). • 12 months before completion of Minet Country Park bridge or prior to occupation of 3,000 dwellings (whichever is earlier). Capital Release Report – 16 February 2023 Page 3 Part 1 - Public 4. Under the terms of the agreement, the contribution is to be spent by the Counc il towards the provision of improvements to the Country Park, having regard to the scope of works identified in Appendix 4 of the agreement. Planning background 5. The former Southall Gas Works site straddles the boundary between the London Boroughs of Ealing and Hillingdon. On 25 th March 2010, the GLA resolved to grant planning permission to redevelop the site to provide a mixed-use development including 3,750 new homes, as well as new office, leisure and retail facilities, and a new access road linking the site to the Hayes by- pass (planning ref: 54814/APP/2009/430). Permission was approved subject to the completion of an appropriate s106 agreement to mitigate the impacts of the development on the surrounding area. As part of a package of obligations, it was determined that a contribution of £1.8 million was required to implement mitigation measures and provide capacity enhancements to Minet Country Park (which lies adjacent to the site). The obligation was deemed necessary due to the expected increase in use of the park by residents/users of the new development and to reinstate habitat lost due to the implementation of the new access road. Proposed allocation 6. Officers are requesting that £462,940 from the first instalment of the Minet Country Park contribution (held at E/151/557A) is allocated towards a programme of recreational and ecological improvements to Minet Country Park as set out in paras 8 -11 below. 7. Further proposals will be brought forward as each of the remaining two instalments of the contribution are received, and further funds become available. The priority works identified as phase 1 improvements are supported by the Cabinet Member for Residents’ Services. Minet Country Park (Phase 1 proposals) 8 Minet Country Park is a 36-hectare site located to the east of the Hayes by -pass. It was created to provide leisure and recreational facilities for the community and to improve the ecological and wildlife value of the area. 9 The Council has received the fi rst instalment of S106 Minet Country Park Contribution towards improvements to the Country Park from the Southall Gas Works development. The aim of the funding is to reinstate and create new habitats and environments as well as upgrade existing facilities. It is intended that improvements to the park will be made in stages as further funding becomes available. 10 Following consultation with The Friends of Minet Country Park, it is proposed that Phase 1 of the project will focus on the following identified priorities for improving the park. • U pgrades to the existing car park, including resurfacing/repairs to extend the life of the current Coxwell gravel surface, new lighting and CCTV. • A new footpath to be implemented to the east of the existing cycle circuit which will connect with existing footpaths to the north and south of the cycle circuit. • A dditional signage, interpretation boards and furniture to be implemented throughout the site Capital Release Report – 16 February 2023 Page 4 Part 1 - Public • A new post for a ‘Countryside Ranger’ to be created for an initial three-year period with recruitment from 2023-24. • Improvements to the existing ponds to take place along with the creation of three new wildflower planting areas and the start of a programme of treatment works to remove invasive plant species such as Hemlock and Himalayan Balsam. 11 The estimated costs of the proposals have been prepared in conjunction with the Council’s Term Contractors and Human Resources and are detailed in the table below. Cost breakdown Description Amount (Capital) Amount (Revenue) Car park resurfacing/repairs 40,000 Traffic order, signs, and ticket machines 14,500 Car park lighting (inc. design fees) 114,000 Car park CCTV 11,000 New footpath (east side) 74,000 Countryside Ranger post (Apr 23 – Mar 26) 109,000 Signage upgrades 13,500 Wildflower planting £2,500 Invasive species removal (yrs. 1-4) 16,000 Upgrades to existing ponds 50,000 New furniture 10,000 Project management fees 8,440 SubTotal £337,940 £125,000 Grand Total £462,940 Financial Implications S106 Revenue Budget 2022/23 £125k (S106 2022/23 Capital Budget £338k (from this allocation), Previously Released Nil, Capital Release Requested £338k) – Appendix A The report requests the allocation of £463k towards the Minet Country Park improvement works, from the S106 contribution held at E/151/557A relating to Southall Gas Works Site, Hayes bypass, Southall. The funds have a time limit to spend by May 2026. The project expenditure will be both capital and revenue in nature as specified in the table above. The revenue expenditure will be accounted for under S106 revenue projects. The £338k capital works relate to Phase 1 of the improvements to be carried out at Minet Country Park and are based on scheduled rates from the Council’s Highways, Lighting and Green Spaces term contractor s and includes internal project management fees of approximately 2% and no contingency. The S106 allocation also includes £109k to fund a Countryside Ranger post for three years and £16k for invasive species removal. The proposal of the scheme meets the conditions stipulated by the developer on the intended use of the S106 contribution. Capital Release Report – 16 February 2023 Page 5 Part 1 - Public RESIDENT BENEFIT & CONSULTATION The benefit or impact upon Hillingdon residents, service users and communities The recommendations will enable external funds to be spent to the maximum effect to provide viable improvements for the benefit of local communities. Consultation carried out or required Appropriate consultation to be carried out as part of individual project development. CORPORATE CONSIDERATIONS Corporate Finance Corporate finance notes that the proposed improvement works detailed in this report and creation of associated new ranger post for three years can be financed from Section 106 monies related to Minet Country Park, with no impact on Council resources. Legal Legal Services have considered the content of the Section 106 agreement referred to in the report and conclude that the recommendations presented are consistent with the terms of the respective agreement. In procuring any of the services required for the scheme, officers must ensure that they observe the Council’s Contract and Procurement Standing Orders. Infrastructure / Asset Management Asset Management can confirm that the proposal above does not contravene any plans or strategy held by the department and the recommendation can move forward from an Asset Management perspective. Capital Release Protocol The release of all capital funds, and certain revenue funds, held by the Council is to be made by a formal democratic decision. No expenditure can be placed or committed by officers until this formal approval is given by Democratic Services. Release of funds must be for identified projects only and strictly not for the general release of funds for projects to be identified at a later date. No block releases of capital or funding will be allowed, except if authorised by the Leader of the Council in advance to Corporate Finance. The release of funds will only be made if previous Council, Cabinet or Cabinet Member agreement has been given to the project and only if there is an approved budget. BACKGROUND PAPERS Planning Obligations Supplementary Planning Document 2014. Capital Release Report – 16 February 2023 Page 6 Part 1 - Public APPENDIX A - CAPITAL RELEASE REQUESTS FOR APPROVAL Minet Country Park Improvements (Phase 1) - Release No 2 Location Project / Expenditure Title Information Funds Release Sought £000’s Approve Hold More Information Required Minet Country Park, Hayes Minet Country Park – Recreational & ecological improvements Project to be funded from s106 contribution E/151/557A 338 Total seeking release 338 Previously released 0 Budget 338 Remaining budget 0
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Executive Decision Notice – 08 March 2023 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 & CAPITAL
RELEASE 20 22/23: Minet Country Park I mprovements
(Release No 2)
Reference No. 707
Date of decision Wednesday 08 March 2023
Call-in expiry date Wednesday 15 March 2023
Relevant Select
Committee
Residents’ Services Select Committee
Relevant Wards Wood End
Decision made
Cabinet Members
making the decision
Councillor Martin Goddard – Cabinet Member for Finance
Councillor Eddie Lavery – Cabinet Member for Residents’
Services
Approved
1) That the Cabinet Member for Finance approved the
allocation of £462,940 from the S106 contribution held at
E/151/557A and relating to the redevelopment of Southall
Gas Works , towards recreational / ecological
improvements at Minet Country Park; and
2) That the Cabinet Member for Finance and the Cabinet
Member for Residents’ Services approved the capital
release request of £337,940 towards the scheme as set out
in Appendix A of the report.
Reason for decision
In accordance with the Council Constitution, the al location of
Section 106 (S106) and Section 278 (S278) funds is required to
be formally approved by the Cabinet Member for Finance on a
case-by-case basis – and any capital release, in conjunction
with the relevant Cabinet portfolio holder.
Alternative options
considered and
rejected
The Cabinet Members could have agre ed not to fund the
scheme and / or suggest ed alternative projects to which funds
could be allocated within the terms of the relevant legal
agreements. If the S 106 funds had not been allocated to an
appropriate scheme, the unspent funds may have needed to be
refunded.
Classification Part I - Public
Executive Decision Notice – 08 March 2023 Page 2
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
Link to associated
report
Here
Relevant Officer
contact & Directorate
Nicola Wyatt – Place Directorate
Hayley Thomas – Place Directorate
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 Wednesday 15 March 2023
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 – 08 March 2023 Page 3
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
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