Hillingdon Council Cabinet Member and Officer Decisions
New Allocation & Capital Release of S106 Contributions 2023/24: Public realm upgrades in Ruislip High Street (Release No.7)
Report Document
Can't see the PDF? Download Report
Decision / Minutes Document
Can't see the PDF? Download Minutes
Text extracted from PDFs
View Report Text
Democratic Services Location: Phase II Ext: 0833 DDI: 01895 25 0833 CMD No:1007 To: COUNCILLOR JONATHAN BIANCO CABINET MEMBER FOR PROPERTY, HIGHWAYS AND TRANSPORT COUNCILLOR MARTIN GODDARD CABINET MEMBER FOR FINANCE c.c. All Members of th e Property, Highways and Transport Services Select Committee c.c. Nicola Wyatt – Central Services Directorate Sophie Wilmot – Central Services Directorate c.c. Dan Kennedy – Corporate Director of Central Services c.c. Ward Councillors for Ruislip Date: 05 January 2024 Non-Key Decision request Form D NEW ALLOCATION OF S106 CONTRIBUTIONS & CAPITAL RELEASE 2023/24: public realm improvements in Ruislip High Street (Release No 7) Dear Cabinet Members, 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 15 January 2024 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. Rebecca Reid Democratic Services Apprentice Title of Report: NEW ALLOCATION OF S106 CONTRIBUTIONS & CAPITAL RELEASE 2023/24: public realm improvements in Ruislip High Street (Release No 7) 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 Property, Highways and Transport / Cabinet Member for Finance Capital Release Report – 05 January 2024 Page 1 Part I – Public NEW ALLOCATION OF S106 CONTRIBUTIONS & CAPITAL RELEASE 202 3/24: public realm improvements in Ruislip High Street (Release No 7) Cabinet Members Councillor Jonathan Bianco Councillor Martin Goddard Cabinet Portfolios Cabinet Member for Property, Highways and Transport Cabinet Member for Finance Officer Contact Nicola Wyatt – Central Services Directorate Sophie Wilmot – Central Services Directorate Papers with report Appendix A – Capital release requests for approval Appendix B – Location Plan Appendix C – Proposed general layout HEADLINES Summary To seek Cabinet Member approval to allocate and release funds from the S 106 contributions held at PT/213/428A & PPR/77/282 towards public realm improvements in Ruislip High Street between Ickenham Road and Pembroke Road as detailed within this report. 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 £59,868 from S106 funds made available from the redevelopment of sites in the London Borough of Hillingdon and detailed within this report towards enhancement scheme outlined in this report. The works will commence upon release of the funds and are due for completion by March 2025. Relevant Select Committee Property, Highways and Transport Select Committee. Relevant Ward Ruislip Ward Capital Release Report – 05 January 2024 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 £52,282 from the S106 contribution held at PT/213/428A to be spent towards public rea lm improvements in Ruislip High Str eet between Ickenham Road and Pembroke Road. 2) Approve the reallocation of £7,586 from the S106 contribution held at PPR/77/282D to be used towards the above scheme. 3) A pprove the capital release requesting £59,868 to be used 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 – 05 January 2024 Page 3 Part I – Public S106 contribution held at case reference PT/213/428A Details of contribution 3. A contribution of £52, 282 (including indexation) was received in accordance with a S 106 Agreement dated 4 July 2017 and relating to the redevelopment of land at Fanuc House, 1 Station Approach, Ruislip (planning ref 26134/APP/2016/1987). The funds were received as the " Highway Contribution" as a contribution towards town centre and highway improvements in the immediate vicinity . There are no time limits for spending this contribution. Planning background 4. On 14 March 2017, the Council resolved at its Major Applications Planning Committee to grant permission for the demolition of the existing office building at 1 Station Approach, Ruislip, and redevelopment to provide a four -storey building containing 40 residential apartments. Planning permission was granted subject to the completion of a S 106 agreement to secure a number of financial obligations in order to mitigate the impact s of the development. As the site is located at the southern end of Ruislip town centre , these included a contribution towards town centre/ highways improvements to help integrate the site into the surrounding area. Proposed allocation 5. Officers are requesting that the contribution held at PT/2013/ 428A (£52,282) is allocated towards a scheme to provide public realm and highway improvements at the southern end of Ruislip High Street to compl ement the highways works which are currently being undertaken in the area, as outlined in paragraphs 9-12 below. S106 contribution held at case reference PPR/77/282D Details of the contribution 6. The Council currently holds an unspent balance of £ 7,586. The original contribution (£25,330 including indexation) was received by the Council in accordance with an obligation contained in a s106 agreement dated 31st July 2012, and relating to the redevelopment of Lyon Court and 28- 30 Pembroke Road (planning reference 6698 5/APP/2011/3049). The funds were received as the “Public Realm Contribution” to be used towards the provision of CCTV; lighting; rerouting of dangerous footpaths; safety improvements to public transport facilities and car parks or safer town centres affected by the development and/or enhanced night bus networks to and from new facilities and leisure uses within the authority's area. Under the terms of the agreement, funds must be spent within 5 years of the completion of the development , however the Council may retain any unexpe nded balance where this amounts to less than £10,000 for any other purpose(s) related to the development. 7. On 7 June 2012 at the Council’s North Planning Committee, authority to determine a planning application for the redevelopment of Lyon Court and 28- 30 Pembroke Road, Ruislip, to provide 61 residential units, associated parking and landscaping was delegated Capital Release Report – 05 January 2024 Page 4 Part I – Public to the Director of Planning and Transportation. The reason for the delegated authority was to allow for the completion of the s106 agreement to secure a number of obligations, in order to mitigate the impacts of the proposed development on the local area. These included a financial contribution to be used towards improving the public realm in the area, which, due to the new development, was likely to see an increase in footfall. Proposed allocation 8. The contribution held at PPR/77/282D was previously allocated towards a scheme to provide lighting improvements in Pembroke Road, Ruislip (Cabinet Member Decision 04/10/2018), which was completed in 2019. Lyon Court lies within walking distance of Ruislip High Street and officers are therefore requesting that the remaining balance from this contribution (£7,586) is reallocated towards the public realm improvements outlined in paras 9-12 below. Project Proposal: public realm upgrades Ruislip Town Centre 9. High Street, Ruislip is a key local shopping destination in the north of the Borough and has a mix of large chain stores and smaller independent stores. It is located close to Ruislip Underground Station and Bus Station which allows good connection between local services and public transport, a location plan is shown in Appendix B. The High Street has recently benefited from the addition of the 278 bus services which terminates on th e High Street close to the junction with Pembroke Road. 10. A scheme is currently being undertaken to better accommodate the termination of the 278 and to improve bus flow along the High Street . The scheme is being funded by Transport for London Local Implementation Plan monies and involves works to inset the loading bays to prevent congestion on the High Street and subsequent delays to buses. This work is also looking at reconfiguring parking to remove confusing tidal parking and try to reduce the problem of delivery motorcycles near McDonalds restaurant. 11. To support this work and further improve facilities for cyclists and pedestrians using the southern end of the High Street, it is proposed to also upgrade the public realm and street furniture in the High Street between Ickenham Road and Pembroke Road. This will include new benches; additional cycle parking stands and bollards to protect pedestrians. All works will be carried out by the Council’s term contractor O’Hara. Plans showing the proposed works are provided in Appendix C. 12. Capital release of £59,868 is requested to support the ongoing improvement works in High Street, Ruislip by upgrading the public realm and street furniture. The costs associated with the scheme are outlined Table 1 below: - Table 1: Cost Plan Scheme Element Amount 22 cycle stands £13,725 8 bollards £2,850 12 benches £40,500 Fees £2,793 TOTAL £59,868 Capital Release Report – 05 January 2024 Page 5 Part I – Public Financial Implications (S106 2023/24 Budget £6 0k Previously Released Nil, Capital Release Requested £6 0k) – Appendix A The report seeks the allocation of £52k the reallocation of £8k and capital release of £ 60k from the two S106 contributions as detailed in Table 2 below: Table 2: S106 Contributions S106 Funding Reference Scheme Amount PT/213/428A Fanuc House, Station Approach, Ruislip 52,282 PPR/77/282D Lyon Court, 28-30 Pembroke Road, Ruislip 7,586 Total Contribution £59,868 The S106 funds are to be used towards Public Realm Improvements in Ruislip High Street , between Ickenham Road and Pembroke Road. The costs of the works are based on scheduled rates within the Council’s Highways term contract and includes engineer’s fees at approximately 5%. The release of the £60k 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 the proposed works are fully externally funded with no impact on Council resources. Legal Legal Services has considered the content of the Section 106 agreements referred to in this report, namely planning application numbers 26134/APP/2016/1987 and 66985/APP/2011/3049 and conclude that the recommendations presented are consistent with the terms of the respective agreements. Capital Release Report – 05 January 2024 Page 6 Part I – Public Estate and Asset Management The Property Services team can confirm that there are no Asset Management implications arising from the recommendations in this report. 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 t o 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 TITLE OF APPENDICES Appendix A – Capital release requests for approval Appendix B – Location Plan Appendix C – Proposed general layout Capital Release Report – 05 January 2024 Page 7 Part I – Public APPENDIX A - CAPITAL RELEASE REQUESTS FOR APPROVAL S106 Capital Release 2023/24: Public realm improvements in Ruislip High Street between Ickenham Road and Pembroke Road (Release No 7) Location Project/ Expenditure Title Information Funds Release Sought £000’s Approve Hold More Information Required High Street, Ruislip Public realm upgrades. Scheme to improve the public realm to support other highway works progressing in the area. 60 Total seeking release 60 Previously released 0 Budget 60 Remaining budget 0 Capital Release Report – 05 January 2024 Page 1 Part I – Public Capital Release Report – 05 January 2024 Page 2 Part I – Public APPENDIX C – PROPOSED GENERAL LAYOUT Capital Release Report – 05 January 2024 Page 3 Part I – Public
View Decision / Minutes Text
Executive Decision Notice – 17 January 2024 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 2023/24: public realm improvements in Ruislip
High Street (Release No 7)
Reference No. 1007
Date of decision Wednesday 17 January 2024
Call-in expiry date Wednesday 24 January 2024
Relevant Select
Committee
Property. Highways and Transport Services Select Committee
Relevant Wards Ruislip
Decision made
Cabinet Members
making the decision
Councillor Martin Goddard – Cabinet Member for 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 £52,282 from the S106
contribution held at PT/213/428A to be spent towards
public realm improvements in Ruislip High Street
between Ickenham Road and Pembroke Road.
2) Approved the reallocation of £7,586 from the S106
contribution held at PPR/77/282D to be used towards
the above scheme.
3) Approved the capital release requesting £59,868 to
be used 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.
Alternative options
considered and
rejected
The Cabinet Members may 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. If
the S106 funds were not allocated to an appropriate scheme,
the unspent funds may need to be refunded.
Classification Part I – Public
Link to associated
report
Report
Executive Decision Notice – 17 January 2024 Page 2
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
Relevant Officer
contact & Directorate
Nicola Wyatt – Central Services Directorate
Sophie Wilmot – Central Services 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 24 January 2024
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
Uxbridge
UB8 1UW