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Part 5 : Transparency and accountability in the process

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WHAT ARE THEY? LOCAL FRAMEWORKS PART1 PART 2 ACTION AREA PLANS PART 3 PART 4 PART 5 EXAMPLES SPD's BY REGION

Planning obligation negotiations need to be conducted as openly, fairly and reasonably as possible. The Government is keen that authorities introduce procedures that make it more explicit how negotiations and their outcomes will be treated and reported. The ODPM PPG17 Good Practice Guide gives guidance on these aspects. A number of authorities have formalised the position by producing a procedural note or local code of practice, describing how they intend to handle the negotiation process.

Transparency can be helped by using a number of standard agreements and clauses. To help with this, Sport England have put together a number of standard template documents and are listed below;

Model agreements and other templates
A number of authorities include model s106 agreements either within their SPD or on the local authority’s web site. Examples include North Devon, Maidstone and Camden.

A model 106 agreement for use with sport and recreation

Schedule 1 and 2 of the model agreement have been completed as an example.
Click here

Standard conditions
Examples of standard conditions of a type commonly used in s106 agreements have been produced here. They should however be tailored to the individual scheme.
Click here to view some standard conditions.

Unilateral undertaking template
A framework document for a unilateral undertaking to provide for new sports facilities.
Click here for template

Community use agreement templates
Model community use agreement to be used where new or existing sports facilities need to be secured for the use by the local community.

Click here for the template agreement for a school site

Click here for the template agreement for a sports club site

Community use agreement- short letter format
Letter form for a community use agreement for a smaller scheme when a full community use agreement may not be appropriate.
Click here the template

Spending contributions
Any local framework should state how contributions will be treated once received. Common issues include;

Placing contributions for sport in ring fenced accounts;
Using monies to fund identified projects in a published programme (see step 3);
Investing contributions to obtain interest prior to local expenditure;

Refunding contributions if relevant schemes are not commenced within a defined period (the periods commonly used here are 5, 7 or 10 years);
The time period above may vary for different types of facility

Most local authorities place their local frameworks on their web site. Documentation on expenditures made under the scheme should also appear in the same form.

In terms of accountability authorities should:

Make available heads of agreement for large schemes in development control committee papers;
Account at six monthly intervals to scrutiny committees on receipts and expenditure;
Produce publicity leaflets showing types of schemes paid for; and
Monitor application of the framework and seek constant improvements.

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