Details of fulfilment of Section 106 Agreement under planning application number 2013/93879

The request was partially successful.

Dear Kirklees Borough Council,

In Section 106 Agreement of planning application number 2013/93879, the following requirements were imposed as part of the planning consent:

- Affordable Housing - As the site is greenfield the level of affordable housing required would be 30% of floor area. The application provides for 15 affordable dwellings under the QSH model. This is in excess of 30% of the floor area, and comprises 56% of the numbers. As such this offer is in accordance with Policy H10 and SPD “Affordable Housing.
- Public Open Space - Off site provision is considered acceptable in this case, and a contribution of £ 72,450 would be required.
- Education - A contribution of 54,952 would be required in this case.
- An additional contribution of £12,102.45 is required towards the provision of
METRO cards.

Please can you provide proof of how you confirmed the developer fulfilled these commitments as well as evidence of how you used money in the appropriate way after it was received.

Yours faithfully,
Robert Carroll

Freedom Info, Kirklees Borough Council

Dear Mr Carroll

RE: 19380 Freedom of Information request - Details of fulfilment of Section 106 Agreement under planning application number 2013/93879

I confirm receipt of your information request and that we are dealing with this and will respond to you in due course.

If you are not content with the handling of your request, you have the right to ask for an internal review. Requests for internal reviews should be addressed to the Monitoring Officer, 1st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. Alternatively, you can send an email to: [email address].

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of any review you have the right under section 50 of the 2000 Act to apply to the Information Commissioner for a decision as to whether your request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner’s website is at www.ico.org.uk and gives more information about the role and duties of the Commissioner. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Regards

Information Governance Team
The Democracy Service
Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

This email and any attachments are confidential. If you have received it in error - notify the sender immediately, delete it from your system, and do not use, copy or disclose the information in any way. Kirklees Council monitors all emails sent or received.

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Freedom Info, Kirklees Borough Council

Dear Mr Carroll

RE: 19380 - Details of fulfilment of Section 106 Agreement under planning application number 2013/93879

I am writing in response to your request dated 9 April 2019. This has been dealt with under the Freedom of Information Act 2000.

You asked for the following information:

In Section 106 Agreement of planning application number 2013/93879, the following requirements were imposed as part of the planning consent:

-Affordable Housing - As the site is greenfield the level of affordable housing required would be 30% of floor area. The application provides for 15 affordable dwellings under the QSH model. This is in excess of 30% of the floor area, and comprises 56% of the numbers. As such this offer is in accordance with Policy H10 and SPD “Affordable Housing.
-Public Open Space - Off site provision is considered acceptable in this case, and a contribution of £ 72,450 would be required.
-Education - A contribution of 54,952 would be required in this case.
-An additional contribution of £12,102.45 is required towards the provision of METRO cards.

Please can you provide proof of how you confirmed the developer fulfilled these commitments as well as evidence of how you used money in the appropriate way after it was received.

The Council’s response to your request is set out below:

The Council Section 106 monitoring information confirms 15 affordable homes were provided on the development site although financial contributions are yet to be fully recovered.

If you are not content with the handling of your request, you have the right to ask for an internal review. Requests for internal reviews should be submitted within 2 months of the date of receipt of the response to your original request and should be addressed to the Monitoring Officer, 1st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. Alternatively, you can send an email to: [email address].

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of any review you have the right under section 50 of the 2000 Act to apply to the Information Commissioner for a decision as to whether your request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner’s website is at www.ico.org.uk and gives more information about the role and duties of the Commissioner. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely

Information Governance Team
The Democracy Service
Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

This email and any attachments are confidential. If you have received it in error - notify the sender immediately, delete it from your system, and do not use, copy or disclose the information in any way. Kirklees Council monitors all emails sent or received.

<http://www.kirklees.gov.uk>
[http://www.kirklees.gov.uk/beta/assets/g...

Website<https://www.kirklees.gov.uk> | News<http://www.kirkleestogether.co.uk> | Email Updates<http://www.kirklees.gov.uk/stayconnected> | Facebook<https://www.facebook.com/liveinkirklees> | Twitter <https://twitter.com/KirkleesCouncil>

This email and any attachments are confidential. If you have received this email in error – please notify the sender immediately, delete it from your system, and do not use, copy or disclose the information in any way. Kirklees Council monitors all emails sent or received.

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