336.
Councillor Sunnucks attended as a Visiting Councillor and with the consent of the Chair addressed the Committee. expressing his concern that the Local Plan Committee had not got to the bottom of the infrastructure funding gap of £800 million at its previous meeting. For example, the Council was raising £2,900 per house, plus £7,300 on behalf of Essex County Council, whereas the Local Plan assumed £40,000. This was something that the Committee needed to deal with, perhaps through more prescriptive S106 and a Community Infrastructure Levy (CIL). He also had issues regarding the Newmark appraisals, which contained obvious errors which needed to be addressed before the inspection.
The Strategic Growth and Infrastructure Manager confirmed that it was the intention of the Council to have more prescriptive policies in the Plan. The Council had spoken to Braintree and Tendring about progressing CIL, but there they had not been interested, so she could go back to Cabinet. She would also respond to Councillor Sunnucks separately about his concerns regarding Newmark viability appraisals.
Councillor Sunnucks reiterated that Cabinet would need to answer how the infrastructure funding gap would be filled, otherwise the Council would not pass the inspection.
At the Chair’s request, the Strategic Growth and Infrastructure Manager, Karen Syrett, presented the Infrastructure Funding Statement Report to the Committee, explaining that the Council was required to publish the Statement every year to make information about section 106 agreements available to the public. She detailed that between 1 April 2024 and 31 March 2025, the Council had secured just under £6 million, with £1.9 million received from agreements signed in previous years where the trigger point had been reached. Just under £1 million had been spent, with about £9 million pounds waiting to be spent. 69 affordable houses had been delivered, which was less than in previous years, but agreements had been signed to deliver a further 322. The Report included examples of schemes which had S106 agreements attached to them. However, it only covered matters for which the Council had responsibility and therefore did not include highways or education. No decision was required from the Committee as the report was for information only and needed to be published prior to 31 December 2025.
Members debated the report and enquired why there was no wish list of things the Council would like to spend money on, although acknowledging that there was a list of future infrastructure needs through the Infrastructure Audit. Members raised the issue of how the Council negotiated with multiple developers, to ensure that they all contributed to infrastructure, and discussed the possibility of introducing CIL. The benefits of collaborating with Parish Councils on the development of S106 were also discussed, as was the possibility of increasing the amount raised through S106 to cover archaeological costs. Further information was requested about the percentage of shared ownership properties at Brierley Paddocks.
At the request of the Chair, the Strategic Growth and Infrastructure Manager responded, stating that she would like to include more future needs in planning policies, however it was essential to retain flexibility. Lessons had been learned from previous projects, and the Council now ensured that there was a cascade approach to developer contributions. Her new role would include the strategic overview of infrastructure so that bigger ticket items would be identified.
She explained that when the decision had been taken not to introduce CIL, affordable housing was the priority. If CIL had been implemented at that time the Council would have lost out on affordable housing completely if viability was an issue, as CIL is paid before S106. She also noted that S106 does not fund infrastructure first, furthermore it was not always right to deliver infrastructure first. The Strategic Growth and Infrastructure Manager clarified that although S106 could be used to restrict aspects of a development, such as the way in which Granny Annexes could be used, it would not be possible to raise an additional amount for archaeology through S106, as this would fail to meet statutory tests. With regard to Brierley Paddocks, she confirmed that the Parish Council had agreed to an additional 15 units of affordable housing, which was considered acceptable.
RESOLVED that
(a) The report be noted.
(b) Prior to publication, the Infrastructure Funding Statement should be amended to reflect that funding provided “Towards St Johns & Highwoods Community Centre” included St Anne’s Community Hall (subject to checking by Strategic Growth & Infrastructure Manager) and to correct the location of the Brierley paddocks site.
(c) Further information about CIL and section 106 be provided to members either through a report to the Committee or an all-member briefing.