Sainsbury's Sec106, Benefits to Penzance

Last night Penzance Town Council had a Special Full Town Council Meeting to discuss the Section 106 agreement and Food / Other goods split regarding Sainsbury’s Supermarket to be built on the heliport site.

[Section 106 of the Act, in conjunction with DoE Circular 5/05, allows for Local Planning Authorities and persons interested in land to agree contributions, arrangements and restrictions as Planning Agreements or Planning Obligations. Applicants can offer such agreements unilaterally or negotiate and agree them as support for their application to make it accord with local planning requirements, but without some of the rigorous controls of Planning Conditions under s 70(1).

It relates to monies paid by developers to Local Planning Authorities in order to offset the costs of the external effects of development. For example, if a developer were to build 100 new houses, there would be effects on local schools, roads etc., which the Local Authority would have to deal with. In that situation there might be a Section 106 agreement as part of the granting of planning permission. The developer might agree to make a contribution towards the provision of new schools.]

The Town Council are rarely if ever consulted on these agreements, but this time we were to be consulted because when this application came before the Strategic Planning Committee at Cornwall Council part of the resolution proposed and passed was that Sainsbury’s had to negotiate with Penzance Town Council & Ludgvan Parish Council on the retail split and sec 106. (Something I wrote about in a previous blog…. Here).

So all is good……… Sadly no, in fact a very big NO.

The first big problem is what the resolution of Cornwall Council was….?

Having viewed the web cast of the meeting many times (available here   at 2hrs 52mis to 2hrs 57mins)

My reading of this is “to pass the application with the condition that Sainsbury’s negotiate the retail split with Penzance Town Council & Ludgvan Parish Council proposed by Cllr A Wallis, and the section 106 agreement added by the chairman of the meeting, and a failure to do so, the application was to return to the Strategic Planning Committee”.

The Minutes of the Meeting do not reflect the above resolution.

Representatives of Penzance Town Council & Ludgvan Parish Council were asked to a meeting (in Camborne), by officers of Cornwall Council, the purpose of the meeting was to consult, the Town Clerk and two members attended along with two members from Ludgvan. Two officers of Cornwall Council, Sainsbury’s representative, a representative of JBP planning and a rep from British International Helicopters, were in attendance. The meeting was not productive, with Cornwall Council and Sainsbury’s making it very clear that they were not prepared to vary their original proposals. The Councillors and the Town Clerk were then put under pressure to make a decision on behalf of the Town Council but where steadfast in not doing so, and in fact had no mandate to do so. Remember this meeting was meant to be about consultation not negotiation.

A long way to get to last nights meeting, in fact this was the first chance the Town Council had to discuss the Section 106 agreement, the details of which where only made known to the council the day before the Strategic Planning Meeting.

So what are we talking about….

SAINSBURY'S SUPERMARKETS LTD & BRITISH INTERNATIONAL

HELICOPTER SERVICES LTD

PROPOSED MIXED USE DEVELOPMENT ON LAND AT PENZANCE HELIPORT

PA10/08714

S106 HEADS OF TERMS

Transportation

Item 1. Dedication to Cornwall Council of land with access rights through the Sainsbury's site for the purposes of constructing a Park and Ride facility (250 spaces).

Financial contribution to Cornwall Council to cover the cost of constructing the Park & Ride. (£1,200,000)

Item 2. Financial contribution to Cornwall Council to cover the cost of constructing two double length bus stops on Jelbert Way and pedestrian links to the Sainsbury's site before the store opens for trading. (£213,000)

Item 3. Financial contribution to subsidise a reduced price fare stage on public buses between the application site and Penzance town centre. (£75,315)

Item 4. Financial contribution to cover the costs of linkage improvements on A30 Eastern Green including a new at-grade crossing of A30 Eastern Green with the works to be completed before the store opens for trading. (£225,000)

Item 5. Financial contribution to cover the cost of replacement signage on the A30 Chy-an-Mor roundabout as required by the Highways Agency. (£20,000)

Town Centre

Item 6. Financial contribution to cover the costs of setting up the Penzance Business
Improvement District. (£35,000)

Item 7. Financial contribution to cover the costs of free or subsidised parking events for town centre car parks between September and May inclusive. (£152,000)

Item 8. Advice and support to Penzance Town Council on a strategy to promote the vitality and viability of Penzance town centre. (£15,000)

Item 9. Free in-store advertising space for town centre businesses.

A055583/SC   17 October 2011

A total of £1,935,315 that is a lot of money, all of the above was negotiated with Sainsbury’s by officers of Cornwall Council without any reference to any elected member and what a good job they have done for the highways department.

Item 1 & 2.  A Park & Ride for Penzance cost £1,200,000.

£1.2 million to turn a car park into a car park? Does Penzance need a park & ride? I was not sure about this so I sent an e-mail to the officer concerned to ask on what data was the decision made that Penzance required a Park & Ride (remember Cornwall Council are spending £9.5 million on a Park & Ride at St Erth just up the road), a week later I got a reply, well I didn’t in fact, I got an e-mail saying something else, so by return I sent a further e-mail asking the same question, 16 days later and no reply, I submitted a Freedom of Information request,( FOI’s cost you and I £350), why can’t you just answer an e-mail. Still waiting.

But this money is just for the building the Park & Ride, where are the funds coming from to operate it?

Item 3. £213,000 to build a bus stop.

WHAT, and that sum does not include any land cost, this is going to be some bus stop.

Item 4. Subsidise a reduced price fare stage on public buses between the application site and Penzance town centre. £75,315

Cheap bus to get you to and from their Supermarket. Big benefit to the town.

Item 5. Linkage improvements on A30 Eastern Green £225,000.

A roundabout on the A30 so you can get to our store.

Item 6. Replace signs on roundabout. £20,000

Going to have to anyway, they say that there’s a heliport down the road.

Town Centre

Item 7. Financial contribution to cover the costs of setting up the Penzance Business Improvement District. (£35,000)

Penzance has not decided if it wants to be a Business Improvement District. If it did this money would go to Cornwall Council.

Item 8. Financial contribution to cover the costs of free or subsidised parking events for town centre car parks between September and May inclusive. (£152,000)

I’m not sure what this means, but I do know that the money goes to Cornwall Council

Item 8.  Advice and support to Penzance Town Council on a strategy to promote the vitality and viability of Penzance town centre. (£15,000)

Thanks guys.

So let’s get this straight of the £1,935,315 for Penzance 98% goes to Cornwall Council and you tell us how to spend the other 2%.

Not such a great deal for Penzance.

We had an interesting meeting, I’m not going to post here (yet) what our plans are, as I wish to keep Cornwall Council Officers as much in the dark as they like to keep us. But I can assure you this is going to run and run.

Update: Penzance Town Council did return to the table and you can read  the outcome  Here