Decision details

The purpose of this report is:
1.To seek approval to transfer the Maintenance portion of the “Open Spaces Off Site Contribution” received under Section 106 Agreements to the relevant Parish Councils to be used towards the maintenance of previously approved capital projects;
2.To establish by virement the revenue programme budgets for the maintenance of Open Spaces funded through capital Section 106 Contributions by relevant Parish Councils.

To approve:
1) the transfer of the Maintenance portion of the Open Spaces Off Site Contribution (up to £39,385) 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 expended in accordance with Schedule 1 of the Section 106 Agreement.
2) the transfer of the Maintenance portion of the Open Spaces Off Site Contribution (up to £46,876) from the Section 106 Agreement dated 13th October 2014 in relation to the Planning Permission 2013/0836 Cornwater Fields, Longdale Lane to Ravenshead Parish Council to be expended in accordance with Schedule 1 of the Section 106 Agreement.
3) the transfer of the Maintenance portion of the Open Spaces Off Site Contribution (up to £13,500) from the Section 106 Agreement dated 3rd July 2020 in relation to the Planning Permission 2019/0770 84-86 Chapel Lane to Ravenshead Parish Council to be expended in accordance with Schedule 1 of the Section 106 Agreement.
4)the establishment, by virement, of the revenue programme budgets for maintenance of open space development projects funded by capital Section 106 Contributions as detailed in the above Recommendations.

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

Gedling Borough Council could not transfer the Section 106 Revenue Contributions to the relative Parish Councils however, this would result in the Council not being able to spend the financial contributions in accordance with the obligations and timescales within the relevant Section 106 Agreements. This could subsequently result in the contributions, including any indexation, having to be paid back to the developer.