Transfer of S106 Developer Contributions for Open Space Development Projects

July 20, 2023 Leader of the Council (Cabinet member) Awaiting outcome View on council website
Full council record

Purpose

The purpose of this report is:
1.To seek approval to transfer the open space development
contributions received under S106 developer agreements to Linby
Parish Council to expend on capital projects which meet the
requirements of the developer agreements;
2.To establish by virement the capital programme budgets for the
delivery of open space development projects by the Parish Council,
to be funded by S106 developer contributions.

Decision

To approve:
1) the transfer of the Open Spaces Contribution (up to
£59,652.67), from the Section 106 Agreement dated 7th April
2015 in relation to the Planning Permission 2014/0950 Land at
Wighay Road, to Linby Parish Council to be spent in accordance with
Schedule One of the above Section 106 Agreement.
2)the establishment, by virement, of the capital programme budgets
for delivery of open space development projects to be funded by
S106 developer contributions as detailed in recommendation 1.

Reasons for the decision

To ensure the transferring of funds for
delivery of open space provision in line with planning obligations
detailed in the above 106 agreements.

Alternative options considered

Gedling Borough Council could not transfer the
Section 106 Contribution to Linby Parish Council however, if the
Council does not spend the financial contributions in accordance
with the obligations and timescales within the relevant agreements
this could result in the contributions, including any indexation,
having to be paid back to the developer.

Supporting Documents

Linby Section 106 Open Space Contribtuions Report to Leader.pdf
Linby Heritage Centre - DEVELOPER CONTRIBUTIONS Commitment Request Form 1.pdf

Details

OutcomeFor Determination
Decision date20 Jul 2023