Purpose

This report seeks approval to
allocate ‘Waterways’ financial contributions in the
Section 106 agreement ‘Land at Fradley Park, Halifax
Avenue’ towards canal improvements and repairs along the
Coventry Canal in Fradley.

Decision

To allocate £40,248 of the
‘Waterways’ contribution in the Section 106 Agreement
for ‘Land at Fradley Park, Halifax Avenue’, planning
application 10/01498/OUT, towards canal improvements and repairs
along the Coventry Canal between Fradley Junction and the Gorse
Lane Bridge.

Reasons for the decision

2.1.      The Section 106 Agreement
for ‘Land at Fradley Park, Halifax Avenue’ , planning
application 10/01498/OUT (signed on 24th October 2013) secured
three separate financial contributions towards canal improvements
along the stretch of Coventry Canal in Fradley. In terms of the
contributions’ legal purpose, the Agreement states the
following:   ‘to be used by
the District Council for improvement of the canal towpath from New
Bridge on Gorse Lane to Fradley Junction’  
 
2.2.      There are three separate
Waterways contributions in the Section 106 agreement, of which two
have been paid to the District Council. The value of the two
received contributions is £40,248.00. The received money has
since expired and is liable for clawback from the developer of
Fradley Park.
 
2.3.      In February 2025, the
Canal and River Trust (CRT) were approached about potential
projects that would require or benefit from S106 grant funding.
They informed of works that were required to repair the canal
embankment along the stretch of the Coventry Canal near Fradley
Junction. It was considered that this project would satisfy the
requirements of the Section 106 agreement.
 
2.4.      The total cost of the
canal improvement work is estimated to be around £60,000
which would mean that around 80% of the value of the project would
be funded by the Section 106 contributions.

Alternative options considered

3.1       The alternative
options were considered:
 

Option?

Consideration?

Selected option?

Not to allocate the Section 106 financial
contribution towards the canal improvements project in Fradley and
instead allocate towards an alternative project.

This option is not
recommended as the Fradley canal improvements project meets the
S106 requirements The Council should also be proactive in
allocating S106 contributions towards projects which satisfy the
specific requirements as set out within
the Agreement. The
contribution has also reached clawback and unless it is
allocated
is at risk of being
refunded back to the developer.
 
 

Allocate the S106 contribution towards the canal
improvements project in Fradley.