Christine James

Section 106 of the Town and Country Planning Act 1990

What are Section 106 Agreements? Planning obligations Planning agreements Section 106 agreements Planning gain

WHY DO WE NEED PLANNING OBLIGATIONS? New development can place a burden on existing resources: schools libraries medical centres leisure and community facilities the environment and transport infrastructure

MITIGATION Section 106 T&CPA 1990 allows local authorities to require developers or any other person interested in land to enter into obligations when seeking planning permission to address these issues

What are they used for ? Operations or activities Land to be used in a specified way Payments either as a single sum or periodically

District Council Requirements National Forest Planting - Housing developments (District Council) Over 0.5 ha - 20% of site to be woodland planting and landscaping; either on-site or near to the development

Affordable Housing Site thresholds Sites of 15 or more dwellings. Targets 40% affordable housing outside of the greater Coalville area and 30% in the greater Coalville area. Tenure An appropriate mix of tenure types A copy of Affordable Housing SPD can be found in full on the Council’s web site

Local Leisure Facilities & Children’s Play Area Provision £1,100 per dwelling to enhance local leisure facilities Provision of children’s play area, (Policy L21 & L22 of the North West Leicestershire Local Plan ) Supplementary Planning Guidance note on play area provision provides advice on this matter (see Council’s website -

Leicester, Leics and Rutland Facilities Consortium (NHS) Health Care Provision 1-2 Bedroom Dwelling - £583. each dwelling 3-4 Bedroom Dwelling - £1,167. each dwelling 5 Bedroom Dwelling - £1,750. each dwelling Student dwelling - £219. each dwelling

County Council Requirements Education Highway Authority Civic Amenity Site Infrastructure

. Libraries 1 bedroomed £27.18 per house 2 bedroomed £54.35 per house 3/4/5 bedroomed £63.41 per house 1 bedroomed £27.18 per apartment 2 bedroomed £54.35 per apartment 3/4/5 bedroomed £63.41 per apartment

What else can be required? Affordable housing Affordable business use Flood defence Highway, transport and travel schemes Recreation Community Centres Recycling Crime and Disorder prevention Employment and Training Archaeology and conservation Education Open spaces Libraries Healthcare Fire and Rescue Town Centre Improvements Environmental Improvements

Planning Permission cannot be bought or sold!!!! “Despite the fundamental principle that planning permissions can not be sold or bought it sometimes seems that the UK is close to selling planning permissions”

The Act and Circular 05/2005 Relevant to planning Necessary to make the proposed development acceptable in planning terms Directly related to the proposed development; Fairly and reasonably related in scale and kind to the proposed development and Reasonable in all other respects.

Evidence What is the impact of this development on facilities? How is it relevant to planning? Why is it necessary to make the proposed development acceptable in planning terms? How is it directly related to the proposed development?

Evidence Show it is fairly and reasonably related in scale and kind to the proposed development AND Be prepared to explain how it is reasonable in all other respects

SPEND THE MONEY IN ACCORDANCE WITH THE PLANNING OBLIGATION WITHIN THE TIME LIMIT ENSURE THERE IS AN AUDIT TRAIL

30% of Councils have paid money back to developers because it has not been spent appropriately!

Monitoring and enforcing s106 agreements Deal or no deal? Applies to all parties of the contract! Only the Planning Authority can enforce Can’t pay – won’t pay!!!! - Viability study

The future Community Infrastructure Levy Not mandatory – will work side by side with s106 agreements. Section 106 agreements to be retained but will be scaled back

Benefits …… Legal certainty Enable mitigation of cumulative Impacts/pooled contributions Transparency Support development of an area rather than just one development

Opportunities???? LA will need to set out the quantum and type of development anticipated The LA will need to make an assessment of the infrastructure that will be required. It will need to estimate how much CIL is likely to be collected. There must be an up to date adopted development strategy

The Election Conservatives have already published their ‘Green Paper’ on Planning – if they win the general election. They will abandon CIL and introduce a ‘Tariff’ system.

Scenario 1 “The Council was so keen for this development to go ahead that they overlooked the conservation group. The conservation group felt they had been railroaded. Planning should be squeaky clean but it isn’t always”

Scenario 2 Planning officer ignored Missed by the audit commissioner!!! Loss to the community.

Scenario 3 The agreement required that the Council to hold the money for a particular purpose - A ‘Trust’ was formed. The developers remained the owners of the money until it was spent on the highway improvements within the time specified – the money had to be returned to the developer (Patel v Brent 2005)

THANK YOU FOR LISTENING Christine James Principal Planning Officer Tel