AUTHORS: JUAN GARCIA RYAN CHERRINGTON LEE McMELLON

 UNDERSTANDING OF THE PLANNING SYSTEM  HOW HIGHWAYS TEAM FITS INTO IT  SECTION 106S/38S/278S SCOPE OF THIS PRESENTATION

INDEX  What is planning?  Planning legislation and policy  Development management  Section 278s/38s  Section 106s

WHAT IS PLANNING?

PURPOSE OF PLANNING

LEGISLATION, POLICY AND GUIDANCE

National policy  National Policy Statements  National Planning Policy Framework (NPPF) Local policy  Local Plan  Local Development Framework Neighbourhood policies  Neighbourhood Plans LEGISLATION, POLICY AND GUIDANCE

National Planning Policy Framework (NPPF) Government Planning Policy Government’s planning policies for England and how these should be applied Covers all national planning issues Planning for waste / Mineral extraction Local Planning policies / Planning Application Development Plan

LOCAL PLANNING Two main aspects: Writing and implementing a plan Dealing with planning Application Greater Manchester (10 MDC) GMCA

LOCAL PLANNING Producing the Local Plan What should a plan contain?:

National Planning policies and guidance Local Development Framework Minerals and Waste Development Framework Supplementary Planning Documents (SPDs) Core Strategy Site Allocations Development Management Policies Area Action Plan Proposals Map Neighbourhood Plans LOCAL PLAN LOCAL PLANNING

NEIGHBOURHOOD PLANS Give communities power Prepared by Town/parish councils or neighbourhood forums Conformity with the strategic policies of the local plan Vote by the local community in a referendum

Town and Country Planning Act 1990 s55 except where the context otherwise requires- “the carrying out of building, engineering, mining or other operations in, on, over or under land, OR the making of any material change in the use of any buildings or other land” DEVELOPMENT

DEVELOPMENT PLAN Crucial tool in planning Planning Permission in accordance Up to date In accord with Nacional Policies

Development Plan Documents (DPDs) Local Planning Authorities Local Development Framework Unitary Development Plan (UDP) Core Strategy DEVELOPMENT PLAN

Planning Permission Planning Application Local planning Authority General Permitted Development DEVELOPMENT MANAGEMENT

The Town and Country Planning ( "GPDO 2015" ) The 8 classes of Schedule 2 Part 1 ( A to H ) Examples of Permitted Development  some house extensions, walls and fences, garages etc.  temporary buildings and use  agricultural buildings and operations  some changes of use  minor works by statutory undertakers Planning Conditions Planning Appeals GENERAL PERMITTED DEVELOPMENT ORDER

What is a Section 278 Agreement?  It is an element that forms the Highways Act 1980  It’s an agreement between the Local Highways Authority (MCC) and the Developer who wants to make highway improvements to a public highway  The Highway Authority must be satisfied

What is a Simple Section 278 Agreement?  A Simplified Section 278  Typically used for smaller highway schemes. Conditions that need to be met for a Simple Section 278 Agreement:  Value of works < £40,000  The applicant can and will offer a Cash Bond  The works involve no TRO’s  Standard Materials

What is a Section 38?  When a developer doesn’t wish to repair and maintain a highway which was associated with a development  The highways authority will adopt that highway through a section 38 agreement  Typically 12 month period until adoption from works being completed

What is a Section 38/278 Agreement?  When a development needs highway improvements on existing public highways  New road built that will require adoption  Then a hybrid of each section agreement is needed.

What are other key elements to section 278 and/or section 38 agreements?  The consent of the owner of the land  The inspection fee and legal fees  The Statutory Undertakers’ consent  Safety Audits 1 and 2  Insurance Policy for Public Liability  Notifying GMRAPS  A Surety or a Cash Bond  Commuted Sums

Cash Bonds, Sureties and Commuted Sums  Following and application under Section 278/38 of the highways act 1980, the council will require the involvement of a surety or the payment of a cash bond  This is required to guarantee the performance of all the works subject to an agreement

Sureties  Sureties should be members of the Institute of British Insurers  MCC can ask for further evidence with regards to the Sureties’ turnover, income etc  A Surety may be declined in cases of doubt

Cash Bond  A cash bond can be offered instead of a Surety, when:  A Simple Section 278 Agreement is concerned  The applicant, with the council’s approval, opts to do so  The Council is declining to accept a proposed Surety  Any Cash Bond should be at minimum, the amount of the estimated value of the proposed works.  Cash Bonds are kept in a separate account and returned in full upon the council’s satisfaction under the agreed terms.

Commuted Sums  A Commuted Sum payment is when future maintenance work will be required on adopted highways that is above normal standards of maintenance  Examples: Infiltration drainage systems, Structures, Ornamental street lighting columns, soft landscaping etc.

section 106

Section 106  Town & Country Planning Act  Important Role When it comes to Planning  Demand from the local Authority

Section 106 Covers…  Public Open Spaces  Affordable Housing  Education  Highways  Town Centre improvements  Health

Sections 106s in terms of highways  They are also referred to as ‘highway contributions’  Community Infrastructure Legislation (CIL)  National Planning Policy Framework (NPPF) – Policy Test

Who manages a section 106 agreement?  Preparation of 106’s  Section 106’s monitoring officers  The head of Planning

Section 106 Agreements  Commercial  Residential

Section 106 Demands Enhance to the community Generate money for the local area Redevelop the local area.

Information on 106’s agreements  Obtained from the MCC website  Supplementary Planning Document (SPD).  Guide to Develop Manchester  Sustainability appraisal report  Consultation Statement  Adoption Statement

Typical Developer - Summary of performance for 2018.

Consultancies for 106’s agreements  Developers employ consultant