Archived decisions

Contact: Dominic McGrath, ext 6054 email: [email protected]

1. Summary

1. In February 2001, a developer's contribution was secured from the Harrier Way development site in Hardley, located in the New Forest District. The funding is currently allocated to the Hardley - Hythe Cycle Route scheme, for implementation in the current financial year. Fawley Parish Council has queried whether this is consistent with the resolution of the Roads and Development Sub-Committee at the time the contribution was secured. This report highlights the views of the Parish Council and suggests a potential way forward.

2. Background

2.1 A developer's contribution of £129,000 was secured from the Harrier Way, development in February 2001. With interest, this contribution in now worth £143,000. The contribution has been allocated to the Hardley - Hythe Cycle Route.

2.2 New Forest District Council consulted the County Council, in its capacity as Highway Authority, on the planning application in 2001. The contribution was considered at the meeting of the former Roads and Development Sub-Committee on 15 January 2001. The Committee resolved as follows:

"(i) That an agreement, in such form as the Chief Executive may determine, be entered into with J.S. Bloor (Newbury) Limited in relation to the financial contribution of £129,000 towards local schemes to be agreed by the County Surveyor in consultation with the Chairman and the local Member.

"(ii) That, subject to the completion of the agreement and the conclusion of a legal agreement to secure the Green Travel Plan, New Forest District Council be informed that there is no objection to the residential and industrial development on land off Harrier Way, Hardley."

2.3 The resolution was a variation from the report recommendation, which had suggested that the financial contribution be specifically allocated "towards the provision of a cycleway from the site to Hythe and/or improvements to the A326 corridor" at the end of (i). The resolution was the same as the recommendation in all other respects.

2.4 The Hardley - Hythe Cycle Route scheme was agreed for inclusion in the 2005/06 Capital Programme at the meeting of the former South West Hampshire Strategy Panel on 4 November 2003. It has subsequently been identified that, subject to the resolution of the Roads and Development Sub-Committee, a part of the costs could be met from the contributions secured against the Harrier Way Development in Hardley.

2.5 Responding to current consultation on the proposed scheme, Fawley Parish Council has objected to the allocation of the developer's contribution to the cycleway scheme. It has indicated that, in its view, the contribution should be utilised entirely within its Parish area, whereas the cycleway scheme runs from Fawley Parish into Hythe and Dibden Parish. It has asked that the intention behind the resolution be investigated, including by examination of rough notes taken at the time and by contacting the local Member at the time.

3. Suggested Way Forward

3.1 The County Council does not consider that it would be appropriate to reopen discussion about the resolution of the Roads and Development Sub-Committee. The resolution is clear and does not contain apparent ambiguities. The minutes of the meeting were subsequently agreed to be an accurate record.

3.2 The scheme is clearly a local scheme. There is no record of a requirement for the contributions to be used wholly within the parish, which would be a departure from general County Council practice. The inclusion of the scheme in the capital programme was agreed with the relevant strategy panel. The scheme will shortly be subject to the Project Appraisal (PA) procedure. This requires the Executive Members for Environment (who are successors to the Sub-Committee Chairman) to take a decision on the scheme, following consultation with the local Member. To ensure this happens, this issue of developer contributions, and the views of Fawley Parish Council, will be specifically addressed in the PA report. Subject to the Panel's views, the PA could be considered by the Executive Members for Environment in September.

3.3 The Local Transport Plan process provides an opportunity for new transport schemes to be identified for inclusion in future programmes. It is therefore recommended that Fawley Parish Council should advise New Forest District Council of any other transport schemes that it would like to put forward as candidates for Local Transport Plan funding.

Recommendations

That the Panel advises the Executive Members for Environment that:

(i) There should be no amendment to the resolution of the Roads and Development Sub-Committee, as set out in paragraph 2.2 of the report;

(ii) The issue of consultation with the local Member on the allocation of the funding should be addressed through the Project Appraisal for the scheme; and

(iii) Fawley Parish Council should be invited to submit its own priorities for transport schemes in the local area.

358DM