Draft Core Strategy (incorporating Preferred Options) October 2010

Draft Core Strategy (incorporating Preferred Options)

Planning Obligations

4.66 New development usually creates a need for additional or improved infrastructure and community services/facilities, without which there would be unacceptable impacts on local amenities and the quality of the environment. The local authority is committed to ensuring a high quality environment as part of the Sustainable Community Strategy and planning, through the use of planning obligations, is a prime way that the Council can gain the necessary resources to assist in the delivery of this vital infrastructure.

4.67 Planning Obligations are currently delivered by Section 106 Agreements, legally binding agreements between local authorities and applicants/landowners or undertakings offered unilaterally by a developer and can be attached to a planning permission. Through their use, proper provision can be made to ensure that new development meets, or contributes to meeting, all of the infrastructure requirements necessary to enable the development to go ahead. It is envisaged that the S106 system will be amended to allow for tariffs or other forms of levy to be applied to development types to assist in funding infrastructure in an area.

4.68 Infrastructure Planning is the process for ensuring that the physical needs of an area can be delivered to keep pace with its population's requirements. The list of possible requirements for a development is not exhaustive and may include cycleways, footpaths, roads, amenity open space, sports and play provision, structural planting and landscape provision and other community infrastructure requirements or be used to replace existing facilities lost through the development. Planning obligations may also include measures for meeting the more strategic needs of the community generated by the development which may require to be met off-site, e.g. health or community facilities including sports and recreation, schools, public transport, utilities or other such community uses.

4.69 Planning obligations can also be used to prescribe the nature of a particular development, for example the proportion of affordable housing to be provided or the mix of facilities or particular uses or the appropriate phasing of development. Most importantly, planning obligations should be directly relevant to the proposed development and should not be used to make good existing deficiencies.