Part 1
ITEM NO.
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REPORT OF THE STRATEGIC DIRECTOR FOR SUSTAINABLE REGENERATION
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TO THE LEAD MEMBER FOR PLANNING
ON
22nd MARCH 2011
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TITLE: Section 106 investment to be spent in Walkden town centre and its vicinity.
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RECOMMENDATION:
That the Lead Member for Planning:
1. Approve the spend of £139,000 of Section 106 contributions from
development schemes in Walkden town centre to undertake public realm
improvements (including work to mitigate the effects of climate change) in
Walkden town centre and its vicinity, in line with the Walkden Town Centre
Environmental Improvement Plan, as set out in this report.
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EXECUTIVE SUMMARY:
Walkden town centre is one of four town centres within the city of Salford and sits at
the junction of the A6 and A575.
The City Council has received £110,506 of Section 106 contributions associated with
planning application 08/56280/FUL. A further commuted sum of £54,428 is expected
from a proposed planning obligation associated with planning application
09/58247/FUL. Both developments are located within Walkden town centre. The
monies, when received by the City Council are to be spread across four schemes
which together will improve the environmental, public realm areas and greenspace
characteristics of the town centre and immediate vicinity (including work to mitigate
the effects of climate change). Existing street furniture will also be repaired where
necessary.
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BACKGROUND DOCUMENTS:
(Available for public inspection)
None.
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KEY DECISION:
YES
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DETAILS:
1.0
Background
1.1
Walkden town centre is one of four town centres in the city of Salford, as
defined in the city’s Unitary Development Plan, 2004 – 2016. It is situated at
the junction of High Street, the A6 Manchester to Chorley road, and Bolton
Road, the A575 Worsley to Bolton road.
1.2
Walkden town centre is currently undergoing a £60 million redevelopment
scheme with a new Tesco superstore which opened in September 2010, and
the redevelopment of the Ellesmere Shopping Centre. It is expected these
developments will greatly support the long-term viability of retail trade within
the town centre. Additional retail units will be provided within the Ellesmere
Shopping Centre as part of the re-development. Improvements will also be
made to the existing Ellesmere Shopping Centre facade along Bolton Road.
1.3
A number of smaller, yet well established, businesses and community
centres are located to the south of the town centre along Bridgewater Road
and Memorial Road. The general condition of properties within this area of
the town centre is better than those located to the north. Street furniture has
been used to provide seating at the entrances to both Bolton Road and
Memorial Road; however, this has become damaged in recent years and is
now in need of treatment or replacement.
1.4
The City Council has received £110,506 of Section 106 contributions
associated with planning application 08/56280/FUL. A further commuted
sum of £54,428 is expected from a proposed planning obligation associated
with application 09/58247/FUL. Both developments are located within
Walkden town centre. A summary of the terms of the associated planning
obligations is at Annex A. The commuted sums relate to the redevelopment
of the Tesco superstore and the Ellesmere Centre in Walkden town centre
(see Annex B). These monies may be utilised only for the purposes of
undertaking public realm improvements within the vicinity of the
developments and climate change mitigation, in accordance with Policies
OB2 (Public Realm, Infrastructure and Heritage) and OB4 (Reducing and
Offsetting Carbon Dioxide Emissions) of the Council’s adopted Planning
Obligations Supplementary Planning Document.
2.0
Proposed public realm improvements
2.1
Urban Vision was appointed in September 2010 to develop an environmental
improvement plan for Walkden town centre. An initial consultation session
took place with Little Hulton and Walkden Neighbourhood Partnership Board
on 23 September to understand the community’s issues and priorities. This
identified the area on Bolton Road from Blackleach Country Park down to
the junction of Bolton Road and the A6 as being the priority area to target.
2.2
Following this a number of sketch schemes were drafted up and presented
back to the Neighbourhood Partnership Board on 25 November 2010 and
the Little Hulton and Walkden Community Committee on 29 November 2010.
A number of clear priorities emerged from these meetings and these
schemes have subsequently been designed up in more detail. The prioritised
schemes include:
 Scheme 1 - environmental improvements at the junction of the A6 and
Bolton Road (see Annex C);
 Scheme 2 - improvements to the area of greenspace at Walkden
Congregational Church, outside Walkden Gateway Centre (see Annex
D);
 Scheme 3 - refurbishment / replacement of damaged street furniture,
including bollards and benches (see Annex E); and
 Scheme 4 – improvements on Bolton Road to draw footfall from the
centre to Blackleach Country Park (see Annex F).
2.3
These designs have subsequently been presented back to and agreed by
Little Hulton and Walkden Community Committee on 31 January 2011 and
the Walkden Town Centre Summit in February 2011.
3.0
Justification for the use of Section 106 monies
3.1
Section 106 Agreement (Ref: 186) and the proposed agreement relating to
the redevelopment of the Ellesmere Centre (Planning reference:
10/58247/FUL) require the developer to pay commuted sums to the Local
Authority for the purposes of mitigating the impacts of these developments.
These payments are specifically for the purpose of undertaking public realm
improvements in the vicinity of the site and to contribute towards projects
aimed at reducing and off-setting carbon dioxide emissions. The Walkden
Town Centre Environmental Improvement Plan presents a co-ordinated
approach to the delivery of those improvements.
3.2
The schemes included have been designed to improve upon the existing
physical / public realm characteristics of the town centre, and to better
present the area of public realm along Bolton Road. This would represent a
cost-effective spend of Section 106 monies creating added value against
ongoing private sector investment within the town centre.
3.3
It is proposed that existing pockets of greenspace / public realm areas along
Bolton Road will be landscaped to mitigate the impact of additional
pedestrians that will be created as a result of increased visitors to the new
developments at Walkden Town Centre. An existing greenspace / public
realm area adjacent to the Walkden Gateway Centre, owned by Walkden
Congregational Church, will also be landscaped. Walkden Congregational
Church has consented to these works taking place and the church will be
responsible for ongoing maintenance. It is proposed that the City Council will
seek to formally agree future maintenance and ongoing public access to the
area prior to the commencement of any works.
3.4
The development is likely to cause a significant increase in pedestrian flow
and through traffic across the A6 and Bolton Road junction. Existing street
furniture will experience an increase in use, and therefore it is proposed that
these features be enhanced.
3.5
Throughout all the proposed schemes, tree planting will be funded out of the
£14,994 of Section 106 contributions received to off-set carbon dioxide
emissions.
3.6
The proposed expenditure would therefore be in line with the requirements
of the Section 106 funding. The proposed investments outlined are also
supported by the Little Hulton and Walkden Community Committee and
Neighbourhood Partnership Board.
4.0
Financial information
4.1
The council is due to receive £164,934 in Section 106 contributions from
developments in Walkden town centre. Of this amount, £149,940 will be
invested into public realm infrastructure and heritage and £14,994 towards
mitigating the impacts of climate change.
4.2
The estimated costs of the four schemes identified under section 2.2 is as
follows:




Scheme 1 - £37,000;
Scheme 2 - £43,000;
Scheme 3 - £24,000; and
Scheme 4 - £35,000.
4.3
The total estimated cost of the above schemes is £139,000. Of this £132,040
relates to improvements to the public realm, infrastructure and heritage.
£6,960 relates to mitigating the impacts of climate change, including 9 new
trees and flower planting.
4.4
The schemes have been designed to minimise any additional revenue
requirements. The Little Hulton & Walkden Neighbourhood team are liaising
with local businesses in the area to encourage them to take on any
additional maintenance responsibilities for Scheme 1 and Scheme 3. There
will be no additional revenue requirement from Scheme 2. This area of
greenspace is owned by Walkden Congregational Church and maintenance
of this land is funded, and will continue to be funded, by the Walkden
Congregational Church. Maintenance for Scheme 4 will be minimal and will
be absorbed into the ongoing grounds maintenance services provided by the
Environment Directorate.
4.5
Once the total amount of Section 106 contributions has been received by the
City Council, the application of Schemes 1-4, as contained in paragraph 4.2
of this report, will result in an unspent balance of £25,934. It is proposed that
Officers from the Sustainable Regeneration Directorate continue to work with
the Walkden community and work in line with the priorities set out in the
Walkden Town Centre Environmental Improvement Plan to commission a
scheme that adheres to the terms of the associated legal agreements. Of the
remaining balance, £17,900 is to undertake public realm improvements and
£8,034 will go towards mitigating the impacts of climate change. It is
proposed that further permission will be sought under powers of delegation
from the Strategic Director for Sustainable Regeneration to authorise the
approval of the expenditure of £25,934.
5.0
Conclusions
5.1
The Lead Member for Planning is asked to approve the allocation and
drawdown of spend of Section 106 contributions from development schemes
in Walkden town centre (including work to mitigate the effects of climate
change) to undertake public realm and climate change mitigation
improvements in Walkden town centre and its vicinity, in line with the
Walkden Town Centre Environmental Improvement Plan.
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KEY COUNCIL POLICIES:
Salford West Strategic Regeneration Framework and Action Plan,
Planning Obligations Supplementary Planning Document 2007
Unitary Development Plan
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EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS:
In developing the Walkden Town Centre Environmental Improvement Plan and
detailed designs consideration has been given to ensuring gradients comply with the
relevant legislation and street furniture is designed in such a way as to be accessible
to all.
These accessibility and equality were key aspects of the initial streetscene audit.
This has resulted in concrete recommendations to improve accessibility and equality
in terms of signage and the location / orientation of street furniture.
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ASSESSMENT OF RISK: Low

If funding cannot be secured from Section 106 contributions, this would put the
implementation of the projects in jeopardy; and

Developers can seek to legally challenge the City Council to claim back Section
106 monies under the following circumstances:
- if not used on a scheme that mitigates the impacts of that development;
- if not spent in line with the requirements of the Section 106 agreement; and
- if not spent within the agreed timescale.
Spending Section 106 monies on environmental improvements in Walkden town
centre and its vicinity would therefore overcome the risk of such a legal challenge.
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SOURCE OF FUNDING:
£110,506 of Section 106 contributions received under the planning obligation
associated with application 08/56280/FUL and a further £54,428 of Section 106
contributions to be paid with reference to planning application 09/58247/FUL
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LEGAL IMPLICATIONS:
Contact Officer and Extension No:
Richard Lester, Outstationed Locum Solicitor ext: 2129
Date Consulted: 24/02/2011
Comments:
1. As much of the proposed work will be taking place on or adjacent to the
highway, particular care will need to be taken to ensure the free passage and
safety of highway users.
2. In relation to the site owned by Walkden Congregational Church, it would be
desirable to complete a Licence authorising the City Council to enter on that
land and carry out the work.
3. Further agreement may be required should the City Council wish to re-enter
the land for future maintenance.
4. I am informed that the work includes a component which will mitigate the
effects of climate change. Therefore the climate change contributions may be
utilised for this element.
5. Expenditure on public realm improvement accords with the planning
obligation and proposed agreement.
6. Unlike the public realm contributions, the climate change contributions may
be spent anywhere within the city.
7. There is no requirement in the Constitution for the recommendations in this
report to be approved by the Lead Member for Customer and Support
Services.
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FINANCIAL IMPLICATIONS:
Contact Officer and Extension No: Mags Miller-Cobham, Accountant ext: 2504
Date Consulted: 04/03/2011
Comments: Funds are in place against planning application 08/56280/FUL, but funds
have not been received against planning application 09/58247/FUL. The intention is
to allocate S106 funds to the public realm improvements in Walkden Town Centre
and its vicinity, but there is a risk to the progress of the planned programme if full
funding is not received.
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OTHER DIRECTORATES CONSULTED:
Consultation was undertaken with the Section 106 Officer (Physical Regeneration
Team) to ensure that the expenditure of the commuted sums received to date and
the proposed expenditure of further commuted sums that are payable to the City
Council under application 09/58247/FUL will be line with the terms of the associated
legal agreements.
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CONTACT OFFICER: Paul Gill
TEL. NO. Ext 2207
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WARD(S) TO WHICH REPORT RELATE(S): Walkden North
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110307 - Walkden 110307 - Walkden
Streetscene - Env ImpStreetscene
Plan.pdf - press release.doc
Annex A: Section 106 Agreement Breakdown
Section
106
Reference
Planning
Reference
Location
186
08/56280/FUL Tesco
Superstore,
Bolton Road,
Walkden
Planning Obligation Summary
Total
Section
106 Paid
For the purposes of undertaking £110,506
public
realm
improvements
within the vicinity of the
developments
and
climate
change
mitigation,
in
accordance with Policies OB2
and OB4 of the Council’s
adopted Planning Obligations
Supplementary
Planning
Document.
1139
- 09/58247/FUL Ellesmere
For the purposes of undertaking £0
Expected
Centre, Bolton public
realm
improvements
to
be
Road,
within the vicinity of the
signed
Walkden
developments
and
climate
within the
change
mitigation,
in
next
4
accordance with Policies OB2
weeks
and OB4 of the Council’s
adopted Planning Obligations
Supplementary
Planning
Document.
Further
payments
expected
£0
£54,428
Contributions Available
to be spent on Public
Realm and Climate
Change Mitigation in
the vicinity of the
developments
£110,506
(£100,460
for
public
realm
improvements
&
£10,046 for climate
change mitigation)
£54,428 (£49,480 for
public
realm
improvements
&
£4,948 for climate
change
mitigation)
(Developer
has
submitted
a
S73
application to vary a
part of the scheme,
this has resulted in a
delay in the completion
of the Section 106
Agreement.)
Annex B: Location of S106 Developments
Annex C: Junction of A6 and Bolton Road
Annex D: Greenspace at Walkden Congregational Church
Annex E: Refurbishment / Replacement of Street Furniture
Source: Ordnance Survey © Crown copyright 2011
Licence No.: 100019737
Annex F: Public realm adjacent to Blackleach Country Park
Source: Urban Vision, 2011