Hillingdon Council Cabinet Member and Officer Decisions
New Allocation & Capital Release of S106 Contributions 2023/24: Grand Union Canal Towpath Upgrades (Release No.5)
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Democratic Services
Location: Phase II
Ext: 0692
DDI: 01895 25 0692
CMD No: 880
To: COUNCILLOR MARTIN GODDARD
CABINET MEMBER FOR FINANCE
COUNCILLOR JONATHAN BIANCO
CABINET MEMBER FOR PROPERTY, HIGHWAYS
AND FINANCE
c.c. All Members of th e Property, Highways and
Transport Select Committee
c.c. Nicola Wyatt – Resources Directorate
c.c. Dan Kennedy – Corporate Director of Place
Date: 18 August 2023
Non-Key Decision request Form D
NEW ALLOCATION OF S106 CONTRIBUTIONS & CAPITAL RELEASE
2023/24: GRAND UNION CANAL TOWPATH UPGRADES
(RELEASE NO. 5)
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 Tuesday 29 August 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.
Ryan Dell
Democratic Services Officer
Title of Report: New Allocation of S106 Contributions & Capital Release 2023/24: Grand
Union Canal Towpath Upgrades (Release No. 5)
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 Property, Highways and Transport
Capital Release Report – 18 August 2023 Page 1
Part I – Public
NEW ALLOCATION OF S106 CONTRIBUTIONS & CAPITAL RELEASE
2023/24: GRAND UNION CANAL TOWPATH UPGRADES
(RELEASE NO. 5)
Cabinet Members Councillor Martin Goddard
Councillor Jonathan Bianco
Cabinet Portfolios Cabinet Member for Finance
Cabinet Member for Property, Highways and Transport
Officer Contact Nicola Wyatt – Resources Directorate
Papers with report Appendix A – Capital release requests for approval
Appendix B – Location Plan
HEADLINES
Summary To seek Cabinet Member approval to allocate and release funds
from the S106 contributions held at PT/217/427B, PT/227/440A and
PT/251/559A towards upgrade of the Grand Union Canal Towpath
between Rockingham Road and Oxford Road, Uxbridge.
Putting our
Residents First
Delivering on the
Council Strategy
2022-2026
This report supports our ambition for residents/ the Council of: Live
active and healthy lives.
This report supports our commitments to residents of: A Green and
Sustainable Borough
.
Financial Cost This report seeks the allocation and release of £101,677 from S106
funds made available from the redevelopment of sites in the London
Borough of Hillingdon and detailed within this report towards
enhancement of the Grand Union Canal Towpath.
The works will commence upon release of the funds and are due for
completion by March 2024.
Relevant Select
Committee
Property, Highways and Transport Select Committee.
Relevant Ward Uxbridge.
Capital Release Report – 18 August 2023 Page 2
Part I – Public
RECOMMENDATIONS
That the Cabinet Member for Finance and Cabinet Member for Property, Highways and
Transport:
1) A pprove the allocation of £70,095 from the S106 contributions held at, PT/227/440A
and PT/251/559A to be used towards improvements to the Grand Union Canal to
Quietway standard between Rockingham Road and Oxford Road, Uxbridge.
2) Approve the reallocation of £31,582 from the S106 contribution held at PT/217/427B
to be used towards the above scheme.
3) A pprove the capital release requesting £101,677 towards the scheme, as outlined in
Appendix A to this report.
Reasons for recommendations
In accordance with the Council ’s 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 case references detailed in
this report 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 S 106 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 agreements. 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.
Capital Release Report – 18 August 2023 Page 3
Part I – Public
S106 contribution held at case reference PT/217/427B
Details of contribution
3. A contribution of £31,582 (including indexation) was received in accordance with a S 106
Agreement dated 26 April 2017 and relating to the redevelopment of the former Waterloo
Wharf, Waterloo Road, Uxbridge (planning ref 43016/APP/2016/2840) . The funds were
received as the "Canalside Improvement Contribution" to be used by the Canals & Rivers
Trust towards canal -side improvement works on the land immediately opposite the site
(shown on plan attached to the agreement). Works to include towpath and access
improvements. There are no time limits for spending this contribution.
Planning background
4. On 26 October 2016, the Council resolved at its Major Applications Planning Committee to
grant permission for the demolition of existing buildings and the erection of a four -storey
building containing 52 apartments and a commercial unit on the former Waterloo Wharf.
Planning permission was granted subject to the completion of a S106 agreement to secure
a number of financial obligations in order to mitigate the impact of the development on the
surrounding area. As the site sits immediately adjacent to the Grand Union Canal, these
included a contribution towards improvements to the canal towpath which is located directly
opposite the site and is expected to experience an increase in use as a result of the new
residential development.
S106 contribution held at case reference PT/227/440A
Details of the contribution
5. A contribution of £57,557 (including indexation) was received in accordance with a S 106
Agreement dated 09 November 2017 and relating to the redevelopment of the former
Dolphin Bridge House, Rockingham Road, Uxbridge (planning ref 35248/APP/2017/3013).
The funds were received as the " Public Realm Contribution" to be used by the C ouncil
towards the improvement of the canal towpath between Rockingham Road and Oxford
Road as a Quiet Way. Funds are to be spent within 10 years of receipt (December 2029).
6. On 25 October 2017, the Council resolved at its Major Applications Planning Committee to
grant prior approval for the change of use of Dol phin Bridge House from office
accommodation to 41 residential units . Permission was granted subject to the completion
of a S106 agreement to secure several financial obligations in order to mitigate the impact
of the development on the surrounding area. As the site sits immediately adjacent to the
Grand Union Canal, these included a contribution towards improvements to the canal
towpath which is located directly opposite the site and is expected to experience an increase
in use as a result of the new residential development.
S106 contribution held at case reference PT/251/559A
Details of the contribution
7. A contribution of £ 12,538 (including indexation) was received in accordance with a S106
Agreement dated 26 June 2020 and relating to development at Bridge House, Oxford Road,
Uxbridge (planning ref 40050/APP/2018/1737) . The funds were received as the " Canals &
Capital Release Report – 18 August 2023 Page 4
Part I – Public
River Trust Contribution" for the purposes of upgrading the canal towpath in the vicinity of
the site to TFL Quiet Way specification (as shown on a plan attached to the agreement).
Funds are to be spent within 7 years of receipt (April 2028).
8. On 21 August 2019, the Council resolved at its Major Applications Planning Committee to
grant prior approval for a two-storey extension to Bridge House to provide 25 additional
residential units. Permission was granted subject to the completion of a S106 agreement to
secure several financial obligations in order to mitigate the impact of the development on
the surrounding area. As the site sits immediately adjacent to the Grand Union Canal, these
included a contribution towards improvements to the canal towpath which is located directly
opposite the site and is expected to experience an increase in use as a result of the new
residential development.
Proposed allocation
9. Officers are requesting that the contributions held at PT/217/427B (£31,582), PT/227/440A
(£57,557) and PT/251/559A (£12,538) are allocated towards canal towpath improvements
between Rockingham Road and Oxford Road as outlined in paragraphs 11-17 below. The
scheme includes the section of towpath immediately opposite the Bridge House
development as defined in the relevant S106 obligation.
10. The contribution held at PT/217/427B was previously allocated towards upgrading the
stretch of towpath between Cowley Mill Road and Rockingham Road (Cabinet Member
Decision 08/10/2020), which was completed last year . This scheme was completed using
time limited TFL funding. Officers are therefore requesting that this contributio n is used
towards completing the next section of the towpath in lieu of the Council resources used.
Project Proposal: Upgrades to the Grand Union Canal Towpath between Rockingham
Road and Oxford Road
11. The Grand Union Canal runs north/ south through the Borough and provides an off -road
cycle route and pedestrian link and recreational amenities for local residents. The canal is
owned and managed by the Canals and River Trust (CRT), who now allows the Council's
Highways Term Contractor, O'Hara Bros, to undertake works on the Grand Union Canal on
their behalf.
12. TfL has identified the Grand Union Canal as a key cycling asset and it has been designated
a cycling Quietway. A Quietway is a high quality well -signed cycle route designated to
overcome the barriers to cycling, specifically targeting less confident cyclists and those who
prefer a more relaxed journey. The London Borough of Hillingdon and CRT have been
working together for some time now to upgrade the canal towpath in Hillingdon to Quietway
standard using Section 106 contributions from new developments located close to the
canal.
13. As part of works to improve the footpaths along Cowley Mill Road in 2017/2018, a new
footpath was constructed with bitumen macadam connecting Cowley Mill Road to the Grand
Union Canal towpath. Following which the towpath between Cowley Mill Road and
Rockingham Road was upgraded to Quietway status using a combination of S106
developer funding and Transport for London funding.
Capital Release Report – 18 August 2023 Page 5
Part I – Public
14. It is proposed to use the funds secured from the two development sites detailed within this
report as a contribution towards the upgrade of the Grand Union Canal further north
between Rockingham Road and Oxford Road. This will improve connection to the large
number of employment sites as well as New Bucks University and access into Uxbridge
Town Centre.
15. London Borough of Hillingdon engineers have been on site and provided an estimated cost
for the resurfacing of the towpath, from Rockingham Road, northwards to the next main
access point at Oxford Road. The section is a total of 832 metres (see attached map at
Appendix B). The full cost of completing this section is £200,000 based on rates by the
Council's Term Contractor, O'Hara, who will undertake the works.
16. A breakdown of costs is provided in Table 1 below:
Table 1: Cost Plan
Description Amount (£)
Traffic Management 2,400
Excavation 25,800
Edging and Surfacing 118,000
Pontoon 25,000
Engineering fees 14,400
Contingency 16,077
TOTAL £201,677
Financed by:
TFL Grant (release approved June 23) 100,000
S106 Contributions (Appendix A) 101,677
TOTAL £201,677
17. In order to complete the section in full , there is a shortfall of £ 100,000. A total of £100,000
has been released from the 2023/24 Transport for London Local Implementation Plan
funding.
Financial Implications
(S106 2023/24 Budget £102k; Previously Released Nil, Capital Release Requested £102k) –
Appendix A
The report seeks the allocation of £70k, the reallocation of £32k and capital release of £102k from
the three S106 contributions as detailed in Table 2 below:
Table 2: S106 Contributions
S106 Funding
Reference
Scheme Amount Time Limit to
Spend
PT/217/427B Waterloo Wharf, Waterloo Road,
Uxbridge 31,582 N/A
PT/227/440A Dolphin Bridge House, Rockingham
Road, Uxbridge 57,557 Dec 2029
PT/251/559A Bridge House, Oxford Road, Uxbridge 12,538 Apr 2028
Total Contribution £101,677
Capital Release Report – 18 August 2023 Page 6
Part I – Public
The S106 funds are to be used towards towpath improvements to the Grand Union Canal between
Rockingham Road and Oxford Road. The cost of the works is based on scheduled rates within
the Council’s Highways term contract and includes engineer’s fees and contingency at
approximately 10% each of the works’ cost.
The total cost of the scheme is £202k which is to be funded £102k from the S106 and £100k from
the TfL Local Implementation Plan funding which has had capital release in June 2023 . The
release of the £102k will enable the scheme to progress. The proposals meet the conditions
stipulated by the developer on the intended use of the S106 contributions.
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 set out above, noting that these works
will be funded from a combination of Section 106 monies and Transport for London grant of £100k,
subject to a separate capital release approval.
Legal
Legal Services has considered the contents of the Section 106 agreements referred to in the
report and concludes that the recommendations presented are consistent with the terms of the
agreement.
Infrastructure/ Asset Management
The Property & Estates Team confirm that there are no property implications resulting from the
recommendations that would impede on any proposal or strategy from an Asset Management
prospective.
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.
Capital Release Report – 18 August 2023 Page 7
Part I – Public
BACKGROUND PAPERS
Planning Obligations Supplementary Planning Document 2014
Capital Release Report – 18 August 2023 Page 8
Part I – Public
APPENDIX A - CAPITAL RELEASE REQUESTS FOR APPROVAL
S106 Capital Release 202 3/24: Signage and access onto the Grand
Union Canal Towpath (Release No 5)
Location
Project/
Expenditure
Title
Information
Funds
Release
Sought
£000’s
Approve Hold
More
Information
Required
Rockingham
Road & Oxford
Road, Uxbridge
Upgrade of the
Grand Union
Canal Towpath
Upgrade of the
canal towpath to
Quietway standard
(2m wide with resin
bound service)
102
Total seeking release 102
Previously released 0
Budget 102
Remaining budget 0
Capital Release Report – 18 August 2023 Page 1
Part I – Public
View Decision / Minutes Text
Executive Decision Notice – 06 September 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 CONTRIBUTIO NS & CAPITAL
RELEASE 2023/24: GRAND UNION CANAL TOWPATH
UPGRADES (RELEASE NO. 5)
Reference No. 880
Date of decision Wednesday 06 September 2023
Call-in expiry date Wednesday 13 September 2023
Relevant Select
Committee
Property, Highways and Transport Select Committee
Relevant Wards Uxbridge
Decision made
Cabinet Members
making the decision
Councillor Martin Goddard – Finance
Councillor Jonathan Bianco – Cabinet Member for Property,
Highways and Transport
Decision Approved
That the Cabinet Member for Finance and Cabinet Member
for Property, Highways and Transport:
1) Approved the allocation of £70,09 5 from the S106
contributions held at, PT/227/440A and PT/251/559A
to be used towards improvements to the Grand Union
Canal to Quietway standard between Rockingham
Road and Oxford Road, Uxbridge.
2) Approved the reallocation of £31,582 from the S106
contribution held at PT/217/427B to be used towards
the above scheme.
3) Approved the capital release requesting £101,677
towards the scheme, as outlined in Appendix A to
this report.
Reason for decision In accordance with the Council’s 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 S106 funds held at case references detailed
in this report to be committed as outlined in this report.
Executive Decision Notice – 06 September 2023 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
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.
Classification Part I – Public
Link to associated
report
Here
Relevant Officer
contacts &
Directorate
Nicola Wyatt – Resources 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 13 September 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
Executive Decision Notice – 06 September 2023 Page 3
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
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