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Planning Policy / S106 Agreements

S106 Agreements

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Supplementary Planning Guidance (SPG) on Section 106 Agreements will be prepared to complement the Local Development Plan. Our current position is set out in the Approach to Planning Obligations Interim Policy, which was agreed by Council on 27 June 2013. This does not have the status of adopted SPG as it has not been subject to a public consultation but it sets out an approach to guide negotiations between us and applicants on the negotiation of Section 106 planning obligations. It covers three main periods up to and including the possible adoption of a Community Infrastructure Levy (CIL):

  • First, from the period up until the adoption of the Local Development Plan (LDP);
  • Second, from adoption of the LDP until the full SPG on Planning Obligations is approved;
  • Third, post the adoption of the SPG on Planning Obligations and (if the option is pursued) the introduction of a CIL by the Council.

The Interim Policy Guidance needs to be updated following adoption of the LDP. This has not been done  as yet, although to avoid any doubt LDP Policy S7 (reproduced on page 11 of the Guidance) has been amended to take account of changes in  policy wording introduced during the course of the Examination. It should also be noted that amended CIL regulations have taken effect with the result that the date from which it will not be possible to pool contributions from more than five obligations has been changed to 6 April 2015 (not 6 April 2014 as stated in the Guidance).

At the same Council meeting it was also resolved to commence preparatory work for CIL, with a view to adopting a CIL charge as soon as is practicable following adoption of the LDP. Further information on CIL is provided here.

If adopted by the Council, CIL would largely replace Section 106 agreements in the funding of infrastructure necessary to support new development. Until then the Council will continue make use of such agreements. S106 obligations on current developments and the schemes for which they are being used are available to view here. Information on the Council’s infrastructure planning process can be found here.