Decision details

Approval of second allocation of Section 106 Contributions (£82,766.66) from 14-02979-FULM Civil Service Sports Ground.

The securing of planning obligations is a key component which contributes to the overall growth and prosperity of the city. Development across the city contributes to the wider objectives of the Council Plan. Many of the priority actions within the Council Plan ultimately promote growth; whether that be through promoting or enhancing skills, which require schools, colleges and training facilities. Addressing housing affordability will require the provision of new housing stock. The economic opportunities provided by devolution will bring forward development opportunities. All of these will in some shape or form require development.

The securing of planning obligations is vital to ensuring that development, which would otherwise be unacceptable in planning terms is made acceptable. The primary aim of planning obligations is to deliver the infrastructure required to support new development and offset the impact of new development. This can be either by via securing tangible physical infrastructure, such as on-site affordable housing, or primary school or via securing financial contributions toward the provision of infrastructure off site; this could include contributions to provide bus services or bus stops or to provide additional or enhanced facilitates at local sports clubs or other community facilities.

Any obligations secured will only ever come to fruition if the planning permission to which they relate is implemented and that the agreed trigger point is reached. The Local Planning Authority, once it has granted planning permission, cannot compel a developer to then undertake that development. There are a wide range of external factors which can contribute to whether or not a development is implemented.

The information contained within the report does present some minor financial strategy implications insofar as that the subject matter relates to monetary planning obligations. These monies will be available to the Council or their appointed third parties to spend assuming that the specified trigger point to which the obligation relates is met and that the intended spending of that monetary obligation is in accordance with the provisions of the Section 106 Agreement (S106) which secures the obligation. Monies secured via S106 Agreement will only be spent when the monies have been received by the Council and will either cover the full cost of delivering a particular piece of infrastructure or part fund a larger project; obligations are not spent speculatively with the assumption that obligations will be received at future date to offset the use of Council resource.

Planning obligations:
The development in regard to this report is the 14-02979-FULM Civil Service Sports Ground and the S106 for this development was drawn up to reflect contribution going to several beneficiaries benefitting the community and voluntary sports sector in regard to an open spaces Off-site Sports Contribution.

The present wording of the S106 2nd Deed of Variation dated 25 March 2024 is as follows:
Section 3 Operative Provisions
3.2 The parties hereto hereby mutually agree to vary and supplement the terms of the Section 106 Agreement so that the Section 106 Agreement shall be read and construed as follows:
The definition of ‘Off-site Sports Contribution’ shall be deleted and the following definition inserted:
‘Off-site Sports Contribution
The sum of £184,671 (Index Linked) to be used to improve the quality of sports pitches at Carr Vikings Football Club (off Beckfield Lane) and/or to provide or improve sports facilities at The Poppleton Centre (off Main Street) and/or to provide/extend or improve sports facilities at the sports pitches off Millfield Lane and/or to extend and/or improve community accessible sports pitches on the Manor School site’.

The contributions are due in three installments as outline in the S106 dated 29 August 2019 below:
Schedule 1 Planning Obligations of the Owners
3. Off-site Sports Contribution
3.1 To pay the Off-site Sports Contribution Index Linked in three equal instalments to the Council as follows:
3.1.1 the first instalment of £61,557 Index Linked prior to Commencement of Development;
3.1.2 the second instalment of £61,557 Index Linked prior to Occupation of more than 149 Dwellings; and
3.1.3 the third instalment of £61,557 Index Linked prior to Occupation of more than 249 Dwellings.

The first instalment of £65,486.55 from the development higher than noted amount above due to Indexation was agreed in an officer decision dated 25 October 2024 https://democracy.york.gov.uk/ieDecisionDetails.aspx?ID=7256. The first installment was distributed to the following clubs: Carr Vikings Junior Football Club received £5,245, Poppleton Bowls Club received £4,112 and the Poppleton Centre received £56,129.

The second and third installments were agreed to be allocated to Poppleton Football Club at 38% and to Poppleton Centre at 62% of the received amounts.

This decision relates to the second developer contribution which was received on 8 January 2025 and now stands at £82,766.66 which again is higher than the noted amounts above due to Indexation. The second installment have been allocated to Poppleton Football Club at 38% (£31,451.33) and to Poppleton Centre at 62% (£51,315.33) as per the previous officer decision. The clubs will use the funds towards the following priorities:
Poppleton Football Club
1. White lining machines for both fields £885
2. Roof repairs £24,000
3. 4x Changing room revamp/paint and update estimate £4,000 (separate showers/cubicles estimate £6,000)
4. Separate equipment storage container at PCT so that junior coaches don't have to carry equipment from the current juniors for training. £2,000
5. Floodlights for PCT for winter training £20,000
6. Short term 2-3 pitches with support from FF/CofY to utilise the adjacent LHS farmer’s field
7. long term install a 4G pitch with support from FF/CofY and club investment either on the adjacent LHS field or to the RHS of our existing field furthest away from homes.
The above are listed in priority order and total requested from the S106 contribution is £56,885.

Poppleton Centre
1. Build a single pay & play Padel court positioned close to existing courts and ground works to facilitate services being provided to the new club house and Padel court and Petanque rink £103,960+VAT=£124,752
2. Creation of a new Pétanque rink £4,180+VAT=£5,016
3. Relocation of the Tennis club house to a newly constructed building in a currently unused section of the grounds of the Poppleton Centre site £140,000+VAT=£168,000
Total cost of the above is c.£250,000+VAT=£300,000.
The Poppleton Community Trust have applied and received planning permission Application Ref No: 23/01479/FUL Erection of detached tennis clubhouse, 1no. Padel court with associated lighting and 1no. Petanque rink with associated parking and access, and siting of 1no. storage container unit.

Allocation of the third instalment is provisional subject to the items listed above continuing to be the named organisations priority schemes and there being no requirement for emergency funding at any of these sites.
4-02979-FULM Civil Service Sports Ground.

When approaching the beneficiaries of these funds we asked organisations to prioritise their future aspirations and where possible identify the amounts required for each item. We have considered all the aspirations above and have allocated the amounts as listed above to reflect the priority needs and readiness of the organisation to utilise the contributions.

Poppleton Football aspire to purchase land adjacent to their existing pitches to provide additional football pitches and a longer-term aspiration to install a 4G pitch with support from the Football Foundation and the North Riding County FA. The CYC Sport and Active Leisure team will work with the club to support these aspirations.

The Poppleton Centre are looking to relocate the Tennis club house to a newly constructed building in a currently unused section of the grounds of the Poppleton Centre site, the CYC Sport and Active Leisure will work with the club to support these aspirations.