Hillingdon Council Cabinet Member and Officer Decisions
New Allocation & Capital Release of S106 Contributions 2023/24: Improved access onto the Grand Union Canal at Horton Road, West Drayton (Release No.8)
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Democratic Services Location: Phase II Ext: 0185 DDI: 01895 250185 CMD No:1033 To: COUNCILLOR MARTIN GODDARD CABINET MEMBER FOR FINANCE COUNCILLOR JONATHAN BIANCO CABINET MEMBER FOR PROPERTY, HIGHWAYS AND TRANSPORT c.c. All Members of th e Property, Highways and Transport 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 Yiewsley Date: 08 February 2024 Non-Key Decision request Form D NEW ALLOCATION OF S106 CONTRIBUTIONS & CAPITAL RELEASE 2023/24: Improved access onto the Grand Union Canal at Horton Road, West Drayton (Release No 8) 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 16 February 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. Liz Penny Democratic Services Officer Title of Report: NEW ALLOCATION OF S106 CONTRIBUTIONS & CAPITAL RELEASE 2023/24: Improved access onto the Grand Union Canal at Horton Road, West Drayton (Release No 8) 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 & Transport Capital Release Report – 8 February 2024 Page 1 Part I – Public NEW ALLOCATION OF S106 CONTRIBUTIONS & CAPITAL RELEASE 2023/24: Improved access onto the Grand Union Canal at Horton Road, West Drayton (Release No 8) 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 – Central Services Directorate Sophie Wilmot – Central Services 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/212/425B towards improved access onto the Grand Union Canal at Horton Road, West Drayton 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 £23,583 from S106 funds made available from the redevelopment of sites in the London Borough of Hillingdon and detailed within this report towards the 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 Yiewsley Capital Release Report – 8 February 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 £23,583 from the S106 contribution held at PT/212/425B to be spent towards improvements to the access on to the Grand Union Canal at Horton Road, West Drayton. 2) A pprove the capital release requesting £23,583 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 the associated development contribut e to the sustainability of the area by addressing the impacts of the development proposals. As a result, expenditure of S 106 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 – 8 February 2024 Page 3 Part I – Public S106 contribution held at case reference PT/212/425B Details of contribution 3. A contribution of £2 6,083 (including indexation) was received in accordance with a S 106 Agreement dated 31 August 2017 and relating to the redevelopment of land rear of 2 -24 Horton Road, West Drayton (planning ref 71582/APP/2016/4582). The funds were received as the " Highway Contribution" towards highway improvement works to include (but not limited to) the installation of a Legible London finger sign and resurfacing of the canal path adjacent to the site boundary in a suitable bitumen macadam material. The contribution is to be spent within 7 years of receipt (December 2025). Planning background 4. On 10 May 2017, the Council resolved at its Major Applications Planning Committee to grant permission for the demolition of the existing buildings at 2-24 Horton Road, West Drayton and redevelopment of the site to provide 86 residential units. Planning permission was granted subject to the completion of a S106 agreement to secure a number of planning obligations in order to mitigate the impact s of the development . The site is located immediately adjacent to a pedestrian/cycle access to the canal; officers therefore requested a financial contribution to upgrade the access point to include the resurfacing of the access path and provision of a Legible London finger sign to provide greater awareness of the local cycle route which runs along the canal. Proposed allocation 5. A total of £2,500 from this contribution has already been allocated towards the provision of a Legible London finger sign at this location (Cabinet Member Decision 15/08/2023). Officers are now requesting that the balance of the contribution held at PT/2012/ 425B (£23,583) be allocated towards improvements to the canal access point as outlined in paragraphs 6-9 below. Project Proposal: improved access onto the canal at Horton Road, West Drayton 6. The Council has been working with the Canal and Rivers Trust , as the manager of the Grand Union Canal towpath, to upgrade the towpath to Quietway standard (2m wide with a resin bound surface). The upgrade is now completed between Trout Road, Yiewsley and Printing House Lane, Hayes. 7. In order to support the upgrades, officers are now looking at access improvements to encourage and promote the use of the towpath. Where possible, access improvements will include provision for cyclists and those with mobility difficulties. An opportunity has arisen to improve the access onto the canal from Horton Road at the junction with High Street, Yiewsley. The current provision is a ramped access with a small section of carriageway where cars are often illegally parked. A location plan in shown in Appendix B. 8. It is proposed to make improvements in the area to create a shared space and a more open access onto the towpath from the local town centre. All works will be undertaken by the Council’s term contractors O’Hara (civils) and McCanns (lighting) . The works will include: Capital Release Report – 8 February 2024 Page 4 Part I – Public i. Removal of a small section of carriageway; ii. Provision of shared use paving to match the paving outside the a djacent development; iii. Implementation of removable bollards to maintain service access but prevent illegal parking; iv. Replacement of existing bollards with illuminated bollards; v. Installation of Legible London fingerpost (cost of which has previously been released). 9. Capital release of £23,583 is requested to implement the improvements to the access onto the canal at Horton Road, West Drayton . The costs associated with the scheme are outlined in the table below. Scheme Element Amount Site Clearance, site preparation & traffic management £500 Civil & lighting works £19,013 Risk management / contingency £1,535 Highways Fees £1,535 Project Management £1,000 TOTAL £23,583 Financial Implications (S106 2023/24 Budget £26k previously Released £2k , Capital Release Requested £24k) – Appendix A The report seeks the allocation and capital release of £2 4k from the S106 contribution held at PT/212/425B relating to the development of Land rear of 2- 24 Horton Road, West Drayton towards improvements to the access on to the Grand Union Canal at Horton Road, West Drayton. The total cost of the scheme is £2 4k. The cost of the works is based on scheduled rates within the Council’s Highways term contract and includes engineer fees and contingency of approximately 8% each. The release of £24 k will enable the project to progress. The proposals meet the conditions stipulated by the developer in the S106 agreement 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. Capital Release Report – 8 February 2024 Page 5 Part I – Public CORPORATE CONSIDERATIONS Corporate Finance Corporate Finance concurs with the financial implications above, noting that the proposed scheme will be funded from Section 106 contributions in accordance with the planning agreements, with no impact on Council resources. Legal Legal Services has considered the content of the Section 106 agreement referred to in this report and concludes that the recommendations presented are consistent with the terms of the respective agreement. Infrastructure/ Asset Management There are no Infrastructure/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 Capital Release Report – 8 February 2024 Page 6 Part I – Public APPENDIX A - CAPITAL RELEASE REQUESTS FOR APPROVAL S106 Capital Release 202 3/24: Improved access onto the Grand Union Canal at Horton Road, West Drayton (Release No 8) Location Project/ Expenditure Title Information Funds Release Sought £000’s Approve Hold More Information Required Horton Road, West Drayton Access onto the Grand Union Canal Scheme to improve access onto the upgraded sections of the Grand Union Canal towpath. 24 Total seeking release 24 Previously released 2 Budget 26 Remaining budget 0 Capital Release Report – 8 February 2024 Page 1 Part I – Public Capital Release Report – 8 February 2024 Page 2 Part I – Public
View Decision / Minutes Text
Executive Decision Notice – 23 February 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: Improved access onto the Grand Union
Canal at Horton Road, West Drayton (Release No 8)
Reference No. 1033
Date of decision Friday 23 February 2024
Call-in expiry date Friday 1 March 2024
Relevant Select
Committee
Property, Highways and Transport Select Committee.
Relevant Wards Yiewsley Ward
Decision made
Cabinet Members
making the decision
Councillor Martin Goddard – Cabinet Member for Finance
Councillor Jonathan Bianco – Cabinet Member for Property,
Highways & Transport
Decision Approved
That the Cabinet Member for Finance and Cabinet Member
for Property, Highways and Transport:
1. Approved the allocation of £23,583 from the S106
contribution held at PT/212/425B to be spent towards
improvements to the access on to the Grand Union Canal
at Horton Road, West Drayton; and
2. Approved the capital release requesting £2 3,583 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. Th e report requested
the approval for the S106 funds held at case references detailed
in the report to be committed as outlined in this report.
Alternative options
considered and
rejected
The Cabinet Members ma y 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
Executive Decision Notice – 23 February 2024 Page 2
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
the S106 funds were not allocated to an appropriate scheme,
the unspent funds may have needed to be refunded.
Classification Part I – Public
Link to associated
report
Report Link
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 Friday 1 March 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
Executive Decision Notice – 23 February 2024 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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