Issue - meetings

Meeting: 01/12/2020 - Prosperous Communities Committee (Item 35)

35 S106 Precedent wording amendment pdf icon PDF 299 KB

Additional documents:

Minutes:

West Lindsey have a standard precedent wording for S106 agreements which had previously been agreed by Members. This precedent was increasingly causing delays to the planning process due to the Mortgagee Exemption Clause being unacceptable to Registered Providers (RP.) 

 

Members considered a report which sought to amend the exemption clause wording currently used, replacing it with the National Housing Federation Mortgagee Exemption Clause wording (as detailed in appendix 2 para 1).

 

In presenting the report Officers outlined the current approach, what had changed in recent years, giving rise to the current issues experienced, and finally, the risks to the Council in making the change or not, as outlined in Section 3 of the report.

 

Note:    Councillor Mandy Snee made a declaration of interest, in that she was currently working with ACIS Housing through a secondment arrangement, as such she would not take part in the debate or vote.

 

Councillor John McNeill raised a point of order, seeking clarity on the nature of the Councillors interest and whether it did preclude her from taking part.  The meeting was advised that whilst the Councillors interest did not meet the threshold for a disclosable pecuniary interest, mandating the Councillor to leave, it was an individual’s choice as to whether they chose to be part of the debate/ vote in such circumstances.

 

Following further clarity from the Councillor as to the nature of his question, Officers confirmed that there was an adopted to procedure to ensure that when a Councillor did have a disclosable pecuniary interest, they could be legitimately removed from the meeting by the administrators for that item of business.  The procedure had been in operation for the Planning Committee and had worked effectively.

 

On being moved, seconded and put to the vote it was unanimously: -

 

RESOLVED that the National Housing Federation Mortgagee Exemption Clause wording (as detailed in appendix 2 para. 1) be accepted as the standard S106 precedent wording, replacing the wording previously used.

 

 

Note:    Having left the meeting during consideration of the above item of business, Councillor Mandy Snee returned, prior to consideration of the next item of business.