Agenda item

To discuss the following matters raised by the local councils:

a)     Review of Terms of Reference

              A review of the Committee’s Terms of Reference has been requested by

              the Local Councils. Any suggested revisions will be submitted to the

              Council’s Constitution Working Group for review, prior to being

              submitted to the Council for adoption.

b)    Section 106 legal agreement funding

Is there any guidance / training available for local Councils on how the process for s.106 funds work.  The Local Councils are concerned that they are missing opportunities to apply for or access these funds, which could be used to improve the facilities in their areas.

a)    Review of Terms of Reference

Democratic Services Manager Gary Woodhall updated the Committee that the review has not been undertaken fully. Local Councils Liaison Committee is an outside body, and it is therefore not in Epping Forest District Councils constitution. However, District and Local Council Charter has previously been reviewed, and members can at the next meeting take a view if a separate term of reference is needed or if the charter can be used.

Local Council Liaison Committee is a liaison committee to discuss items of mutual interest, it is not a decision-making committee, and this will be reflected in the terms of reference.

The Chairman pointed out that although no terms of Reference is available at this time Local Councils can still ask for issues to be raised.

The Committee asked the following question:

·         Is it the role of Essex Association of Local Councils to look at the Terms of Reference? Gary Woodhall confirmed that currently there is no secretary appointed to the Essex Association of Local Councils, and therefore there is no single point of contact. If the Epping Forest branch of the Essex Association of Local Councils wants to take on that role, Gary Woodhall would be happy to provide guidance.  

Action:

Woodhall will report back to the Local Council Liaisons Committee at the next meeting and the Committee can then decide whether to adopt the Terms of Reference.

B)   Section 106 legal agreement funding

Service Director Nigel Richardson presented on Section 106 Legal Agreement Process (attached), explaining when Section 106 is needed, how it can be done and what they will cover.

Here are some links to relevant documents mentioned in the presentation;

Infrastructure Delivery Fund

Air Pollution Mitigation Strategy

Annual Infrastructure Statement

The Committee asked the following questions:

·         How can Councillors influence the Section 106 conversations with their local knowledge? Nigel Richardson replied, there has been a lot of consultations, however this needs to be captured at pre-planning application stage, and this will be looked at. 

·         There is no mention of Highways, Epping is congested – is any Section 106 money going to Highway improvements? Nigel Richardson said he cannot comment on individual applications, however confirmed that Epping Forest District Council (EFDC) does consult Essex County Council and they do comment on applications and can ask for S38 and S278 Highway contributions.

·         The Parishes ask for small amounts of money compared to the sums in the development. Local Councillors have a hard time explaining that there is no money even for small aids like high visibility vests for Community Speed Watch or for Village Gates. The Chairman advised the Parish Councillors to speak to their County Councillor.

·         The area where the construction and development are done should be the area that benefits from the Section 106 money. Nigel Richardson explained that the Section 106 contributions should be spent where relevant and necessary i.e. the local area the development is in. Cllr Sam Kane confirmed that Essex County Councils education contribution may however be pooled and used outside the immediate area of development. County Councillor Marshall Vance informed the Committee that Corporate Scrutiny at Essex County Council is asking the same question.

·         Regarding the Section 106 money paid for the forest in respect of the recreation pressures and air quality. Is the money currently being used? If so, how is the money used? Nigel Richardson replied: we are still collecting money. Cabinet on 4^th December 2023 states how much money has been collected.

·         Whilst the Section 106 money is being collected is it held by EDFD, or passed to City of London? Nigel Richardson said EFDC holds the money.

·         How and when are you going to progress Epping Forest Special Area of Conservation (SAC). Regarding affordable homes – why is there a difference between what Nigel Richardson says and what Qualis said earlier? Nigel Richardson replied that it is still very early days, however it is Essex County Council looking to support EFDC on the delivery of the SAC. The 40% affordable homes, is the goal, however this is not always viable.

·         At what stage does the developer pay? Nigel Richardson confirmed that this varies - some prior to commencement, others after a proportion of the development being built, and yet others a proportion once finished.

·         Is it possible thought Section106 or through planning applications – that bonds can be put on the builder to repair pavement damage? Nigel Richardson explained the difficulty of proving who caused the damage, and then enforcing this. It would be a legal agreement for every single application, and for smaller applications EFDC does not have the staff or resource to do this, we might be able to look into this for larger developments. Cllr S Kane suggested a small per-home levy to repair damage.

Action

·         County Councillor Marshall Vance will invite someone from Essex County Council to present on where the money goes and the reasons behind the decisions.

·         Nigel Richardson will find out how the Section 106 contributions are being spent in respect of recreation pressures and air quality in Epping Forest.

·         Nigel Richardson to look into adding a bond/levy to larger applications – to fix damage caused to pavements etc.