URL: https://horsham.moderngov.co.uk/ieDecisionDetails.aspx?ID=896

Decision Maker: Cabinet

Outcome:

Is Key Decision?: No

Is Callable In?: Yes

Purpose:

Content: RESOLVED – to review the appropriateness:          i.         Of a protocol for Ward Members who sit on Planning Committee to support early engagement with developers in relation to non-financial section 106 obligations, noting that the Monitoring Officer is presently conducting a review of the Council’s planning function;        ii.         Of a policy providing for fall-back options and extended timescales for the delivery of infrastructure (where appropriate) when drafting non-financial section 106 planning obligations being developed;        iii.         Of a process being established to facilitate engagement between officers and local ward members when identifying heads of terms or drafting non-financial section 106 planning obligations for developments within their wards, noting that the Monitoring Officer is presently conducting a review of the planning function;       iv.         Of a review and, where appropriate, improvement to the way in which non-financial section 106 planning obligations are displayed on the planning portal to improve accessibility and transparency;        v.         Of effective communication being encouraged between local ward members and parish councils to discuss potential mitigation arising from future developments in their area, noting that the Monitoring Officer is presently undertaking a review of the Council’s planning function; and       vi.         Of Appendix B being submitted to Horsham District parish councils as a good example of partnership working with developers and other stakeholders, noting that the Monitoring Officer is presently undertaking a review of the Council’s planning function.   REASONS          i.         To ensure that any process for ward member liaison with developers, in relation to S106 planning obligations, is clear and transparent, allows ward members to represent their constituents needs effectively, and where relevant, enables them to remain effective members of the Planning Committee.        ii.         The inclusion of an extended time period for the provision of infrastructure may assist in demonstrating the sustained need to mitigate the impact of planning, thereby increasing the likelihood that planned infrastructure is brought forward.       iii.         In situations where a stakeholder, such as WSCC or NHS England, have decided not to take up an option to provide infrastructure, the inclusion of effective fall-back provisions in S106 planning obligations may ensure that other routes to mitigate the impact of planning can be explored.       iv.         To ensure that S106 planning obligations are easily identifiable on the planning portal, particularly when there have been variations to the original agreement, to assist local ward members, parishes and members of the public, who wish to monitor progress.   ALTERNATIVE OPTIONS CONSIDERED BUT REJECTED AS IDENTIFIED IN THE REPORT   Members could have kept within the original terms of reference, but they considered their insight as ward members could add value to initial discussions about nonfinancial S106 planning obligations, both with developers, and with officers. Whilst it was noted that a process had been put in place for Members who did not sit on the Planning Committee, this was not in place for those who did sit on Planning Committee.   Members are aware that the current planning function is presently the subject of a formal review by the Monitoring Officer. Given this, the Task and Finish Group considered whether submission of an information report to the Communities and Place Policy and Scrutiny Committee would be appropriate. However, Members were keen to ensure that the potential improvements they had identified were actively taken forward for consideration. They concluded that this could only be achieved by submitting formal recommendations.

Date of Decision: June 24, 2026