Agenda item

The Committee received a report on lessons learned with new estates development.

Councillor Michael Hardware, Portfolio Holder for Economic Development, advised that encouraging developers to perform their S106 requirements was not uncommon. However, he noted that legal action against a developer for this reason had not been done in recent history.

Councillor Joel Charles advised the Committee of the history with regard to the Gilden Park development. He explained that residents and local councillors have tried to communicate and engage with the Consortium since 2021. This included site visits, meetings with residents and an action tracker which was developed relating to the S106 agreement. Councillor Joel Charles welcomed the injunction but advised he did not trust the Consortium to follow up with the completion of the requirements under the S106 agreement.

Councillor Joel Charles advised that a residents association was set up in November 2023. The association has suggested a number of recommendations including;

a)    Communication – The Council should have worked with residents quicker to create a residents association

b)    Enforcement – Further investment is needed in the planning team

c)    Future legal strategy – The Council should consider stronger penalties and plan for the worst case scenario 

The Committee noted that the report detailed seven trigger points (paragraph 21) which were largely on track. However, there had been some slippage with the landscaping and the football pitches due to the adverse weather and it being the wrong time of year. Councillor Michael Hardware advised that it would not be reasonable for the Council to enforce these trigger points as this stage as there was a reasonable reason for the delay. 

Councillor Dan Swords confirmed that further enforcement action would be taken if there was a timeframe slip for any substantial item and if the legal advice received suggested that the Council could secure a successful injunction.

Andrew Bramidge, Chief Executive, confirmed that the Council would not have been able to successfully secure an injunction in October 2023 as the Consortium had lodged timescales with the Court.

With regard to investment in the planning team, Andrew Bramidge advised that the Council had made a bid for government funding for a new planning post for the enforcement of S106 agreements. If the bid was unsuccessful, the Council could look at sharing officer resources with other North Essex authorities. Furthermore, Andrew Bramidge advised that the team was also looking at increasing the capacity of the administration resource to give existing planning officers more time to follow up on enforcement matters.

Pauline Elliott, Head of Planning, noted that the recent Government Autumn Statement suggested that statutory planning fees could be increased which potentially could secure an extra £60,000 for local councils. Pauline Elliott suggested that this could be retained within the planning service.

Councillor Michael Hardware noted that developers need to consider their exit strategy at the start of the planning and development process. It was suggested that the Legacy Strategy could be agreed at the planning stage.

RESOLVED that the Committee agreed that:

A     The council maintains a robust stance against the developers on major housing sites when it negotiates and monitors Section 106 Agreements, to ensure that the best possible benefits are achieved for the community.

B     That sufficient officer resource and expertise is identified in the Planning department to hold developers to account and to provide sufficient monitoring capacity.

C     The council undertakes more proactive engagement with the residents association.

D     Further work to be undertaken on legacy issues, consider the need for a planning charter.

E     Work to be done to codify “willful breaches” and to be clearer on trigger points for further enforcement action.

F     Work to be undertaken on further opportunities for officer resource with other local authorities if necessary.

G     The Council should require developers to facilitate a residents association.