Planning Obligations & Section 106

Planning Obligations & Section 106

Tom RawsternePlanning Contributions Project

Manager

Nottinghamshire County Council

Planning Application process


Planning application LPA

NCC

Internal depts.

Grant

Grant with conditions

Refuse

Natural EnglandHighway

s Agency

Environment Agency

S106

What is s106?

- Term comes from Section 106 of Town and Country Planning Act 1990 (as amended);

Planning Obligations can take the form of either;

agreements negotiated between local planning authorities and persons with an interest in a piece of land (usually a developer), or

unilateral undertakings made by the party with the interest in the land.

Ultimately they are intended to make acceptable development which would otherwise be unacceptable in planning terms.


How does s106 work?

Planning obligations are intended to make development acceptable by;

• Prescribing the nature of development

• Compensating for loss or damage created

• Mitigating a development’s impact


Planning Obligations – what it is reasonable to ask for

ODPM Circular 05/05 set out five tests against which planning obligations should be assessed for their acceptability in policy terms.

Since April 2010 the five tests have now been reduced to the following three. A planning obligation must be;

(i) necessary to make the proposed development acceptable in planning terms(ii) directly related to the proposed development(iii) fairly and reasonably related in scale and kind to the proposed development


Key facts;

• Obligations created run with the land• Contributions can be in kind or a financial

contribution• Contributions can not be used to remedy existing

deficiencies• Financial contributions received usually have to be

spent within a specified period – normally 5 years. Money ‘ring fenced’ in specifically named accounts.

• The decision on whether to request contributions via s106 agreements rests with the determining authority – County Council for minerals & waste and County applications, districts for all others

• Very important to maintain good relationship with districts


Areas of collection via s106

Health services

Planning Contributions

Archaeology Open space

Minerals &

Waste

Natural Heritag

eMonitoring feesEducation

servicesCommunity

facilities

Affordablehousing

Highways& transport


County Council areas

District Council areas

S106 and NCC

• Nottinghamshire County Council Planning Contribution Strategy

• Adopted 2007 as guidance document – updated annually

• Outlines NCC policy re: s106 • Advice to LPAs & developers re: types and

levels of contributions required • Aim is to persuade LPAs to adopt policy into

their Local Development Framework documents• Each authority currently takes a slightly

different approach – intending to make this uniform


Planning Contributions: Future Direction

COMMUNITY INFRASTRUCTURE LEVY• CIL regulations introduced 6th April 2010• NSDC already developing its CIL• S106 restricted in use – esp. after April 2014• Maintain PCS policies and input to charging

schedules by linking with districts’ Infrastructure Delivery Plans

• Effect on County Council – no power to collect CIL for education and highways

• Importance of working with all districts as they develop their CILs

• Establishing “SLAs” vital to secure future service provision


Key issues in Mansfield

•Communication – now much improving

•A formal recognition that County Council services are important and that they benefit Mansfield residents

And these would be helped greatly by…


Key Issues in Mansfield cont’d

…FORMAL ADOPTION OF OUR PLANNING CONTRIBUTIONS STRATEGY

Planning Obligations & Section 106

Documents

Transcript of Planning Obligations & Section 106