Agenda item

To enable Cabinet to consider both the recommendations made by the Resources and Services Overview & Scrutiny Committee in respect of the use of Section 106 Agreement monies and the response of the Portfolio Holder thereto.

RESOLVED that the recommendations made by the Resources & Services Overview and Scrutiny Committee be noted and that the response of the Corporate Finance & Governance Portfolio Holder in response thereto be endorsed.

Cabinet was informed that, at its meeting held on 15 July 2021 (Minute 14 referred) the Resources and Services Overview & Scrutiny Committee (“the Committee”) had scrutinised the use of Section 106 monies.

After a detailed discussion the Committee had recommended to Cabinet the following:-

1.      To the extent that it is not happening at present, details of the proposed schemes using S106 funds in a particular ward be advised as a routine to the local Ward Councillor(s) and consideration be given to the views expressed by the Ward Councillor(s) on the proposed scheme before and decisions are taken to implement the scheme.

2.      That, for those parts of the District that are parished, the relevant Town or Parish Council  be advised about S106 funds that had been secured and whether they could bid for schemes to be funded or identify schemes for officers to consider.

3.      That, for those parts of the District that are un-parished, the locality descriptor should be the relevant District Ward rather than ‘Clacton’ so as to improve the understanding of the figures shown for that area.

4.      That an annual statement be made on the amounts of monies received in S106 funds, the total sum held by the Council in S106 funds and the sums spent on schemes in that year against the common obligations of:

·                Public open space

·                Affordable Housing

·                Education

·                Highways

·                Town centre Improvements

·                Health

5.      To note the commitment if the Council’s Assistant Director for Finance and IT that the S106 spreadsheet publicly available on the Council’s website would be amended to include commitments so that the sums shown are clear and complete.

Cabinet had before it the response of the Portfolio Holder for Corporate Finance & Governance thereto which was as follows:-

“Taking each point in turn, my comments are as follows:

1)      Agreed - This will be reflected in future decision making processes, where the views of the ward councillor will be required before the associated decision can be finalised and published.

2)      Existing processes already provide a proportionate response to the issue raised, as the information is published on the Council’s website where Town and Parish Council can access it on a self-service basis rather than having to introduce a further layer of unnecessary administration. However we can consider further sign-posting support / opportunities in future.

3)      & 5) Agreed – both points raised will be addressed via the associated review by the S151 officer.

4)      Similar to the response to point 2) above, existing processes already provide this information which will be enhanced in future years by the commitments made above.”

Having considered the recommendations submitted by the Resources and Services Overview & Scrutiny Committee, together with the response thereto of the Portfolio Holder for Corporate Finance & Governance:-

It was moved by Councillor G V Guglielmi, seconded by Councillor McWilliams and:-

RESOLVED that the recommendations made by the Resources & Services Overview and Scrutiny Committee be noted and that the response of the Corporate Finance & Governance Portfolio Holder in response thereto be endorsed.