Ernie Clark. Hilperton Division, Wiltshire Council.

I asked a question at the planning meeting this week.

It related to the timescale for the Section 106 contributions to traffic calming, rights of way etc.

It read:-

'There seems to be confusion between different departments at Wiltshire Council as to whether a ‘material commencement’ has been made on construction of the Hilperton Relief Road. In planning terms, has a ‘material commencement’ been made? If so, on what date? If it has been made, by what date must any S.106 funds have been allocated/spent in order that the monies do not revert to the applicant?'

The answer:-

'A material commencement was made in early December 2010. Highway contributions of £50,895 were received in relation to the requirements of the associated S.106 agreement. Unless the terms are modified by consent between the council and the landowner (my note - this should surely be 'developer' not 'landowner'), any monies that are unspent from this sum sfter the expiry of five years from commencement are required to be reimbursed to the developer. The five year period expires in December 2015'.

It was also reported that the developers have indicated that they would be prepared to amend the agreement to to extend the period of time for spending the monies and the WC legal team is taking this forward.

I have made enquiries with WC to see how far this has progressed as we have the unusual situation whereby the money currently has to be spent before December 2015 but the road doesn't have to actually be open until 22nd August 2016!!