The use of Commuted Sums from Section 106 Agreements
Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
The report sought Members approval for the use of commuted sums in Section 106 Agreements to be delegated to the Executive Member in consultation with the Strategic Director.
That delegated authority be given to the Executive Member, in consultation with the Strategic Director and following consultation with the relevant Ward Member and the Town and Parish Council, for the allocation of commuted sum monies from Section 106 Agreements.
Reasons for the decision:
1) The use of the Section 106 monies had already been agreed through the signing of the legal agreement between the Council and the other parties involved. The Council were unable to use the monies for any other purpose.
2) By allocating the resources through a delegated decision with the Executive Member, in consultation with the Strategic Director (and Section 151 Officer if necessary) proper controls over the funds would be retained but would allow flexibility in terms of timing and speed of when the monies were used.
Alternative options considered:
1) To operate within the existing Finance Procedure rules so that every scheme which included a commuted sum would be presented to Cabinet for approval.
2) To allow delegated authority to be given to the Executive Member in consultation with the Strategic Director.
3) To allow Section 106 Agreement funds to be spent within the terms of the legal agreement by the Strategic Director without reference to Cabinet or the Executive Member.
Publication date: 11/09/2008
Date of decision: 09/09/2008
Decided at meeting: 09/09/2008 - Cabinet
Effective from: 19/09/2008