DISTRICT and parish councillors have this week called for closer monitoring of planning conditions imposed on developers. This comes in the wake a string of recent "106 agreements" which councillors say have failed to deliver what they wanted when they granted planning permission. Recent reports in The Herald concerning problems arising from 106 agreements have included contributions given by developers as part of the planning agreement for two sites in Passfield totalling £30,000, for safety measures on the Headley Road in the village that have not been used. This, council officials say, was due to confusion between district and county councils over whether the money had been collected from the developer, coupled with on going legal problems in negotiating land necessary to carry out the work from the National Trust, which HCC said has lasted almost four years. Another example councillors have cited was the play park at Passfield where its future was not secured as part of the agreement before development was allowed to begin. As a result the play area was scheduled to be removed after the council accepted a limited survey of Passfield residents conducted by the developers themselves – Squires Bridge. This showed an overwhelming desire to have the facility removed. It was not until other Passfield residents protested about the plan to remove the equipment that a proper consultation process was initiated. Sam James, deputy leader of EHDC, said: "I am keen to ensure that in future councillors are more involved during the negotiation phase of a 106 and in the ongoing monitoring of its implementation. "Sainsbury's is an issue in point. At their petrol station they are legally obliged to only sell fuel- related items as part of the agreement when planning permission was given, but this was ignored. When permission was granted to extend their store in 2005 they were warned to comply with the original 106 agreement and to stop selling things like milk and cereal. But it seems they are still selling these items at the station and I am determined not to let them get away with it." Tony Ludlow, leader of the Liberal Democrats at East Hampshire District Council, said: "For legal reasons we have no party view on individual 106 cases, however the principle that we should make our requirements for the 106 clearer and that we should check they are being implemented properly is an important one." Ferris Cowper, district council leader, believes that the only way to resolve these problems is to disseminate power down to the lowest level possible, so smaller issues like minor road improvements can be handled more efficiently by district or town and parish councils. Mr Cowper said: "Councillors are involved at every stage of a 106, but the information is not going to be put on a plate for them. They need to get more active in the cases they are interested in. "I believe passionately that power should rest as close to the people as possible. There are numerous cases when HCC have got it wrong because it simply does not understand what is needed. "For example Hampshire Highways, who are part of HCC, have an office in Petersfield, but controlled from Winchester. The obvious thing to do would be to move it from College Street to Penns Place, saving both time and money. "The only way for this to happen is for a change in the law at central government level and I will be attending a meeting at Westminster to discuss the future direction of local government in a few weeks." Meanwhile, Mr James is arranging to meet a representative of Sainsbury's to discuss possible contradictions to the planning agreement, also a wider consultation process has begun in Passfield over the play area in the village, which will conclude today. However, as The Herald went to press the deadlock between Hampshire County Council and the National Trust over land needed to introduce safety measures on Headley Road at Passfield had not been resolved and the developers, cash still remains unused. If the monies remain unused after five years the 106 states that it will be returned to the developer along with interest accrued.
