Section 106 Overview Tony Melia – Section 106 Officer

Introduction What is a Section 106 Agreement? –Legally binding agreement between a developer and the Council. –Necessary to make development acceptable in planning terms. Planning obligations can be used to: –Prescribe the nature of development. –Compensate for loss or damage created by a development. –Mitigate a development’s impact. Who Decides a Section 106 Agreement –Planning Obligations Supplementary Planning Document (2007) contains calculations per bed space. –Planning and Transport Regulatory Panel approve ‘Heads of Terms’.

Types of Contributions Planning Obligations Supplementary Planning Document 2007 Provision of open space associated with new residential development. Public realm, infrastructure and heritage. Construction Training Climate Change Affordable Housing Transport

Requirements of Section 106 Circular 05/ A planning obligation must be: 1.Relevant to Planning 2.Necessary to make the proposed development acceptable in planning terms 3.Directly related to the proposed development 4.Fairly and reasonably related in scale and kind to the proposed development 5.Reasonable in all other aspects.

Section 106 Progress Revised Process for the Allocation of Section 106 Contributions –Approved 8 th September –One Directorate System. –Section 106 spend authorised by the Lead Member for Planning or the Strategic Director for Sustainable Regeneration in line with the constitution and standing orders. Transparency –Community Committee Road Show. –Section 106 Web Pages. Monitoring –Installation of Planning Obligations Management System. –Community Committee Reports. –Standardised Section 106 Agreements.

Revised Allocation Process Section 106 Agreement CAP’s, Green space Strategy, Salford West Framework Members Representation CAP’s, Green space Strategy, Salford West Framework Members Representation Negotiated in line with Planning obligations SPD. Approved by Planning Panel Members are able to make representations to Panel in relation to applications where a Section 106 Agreement is required Section 106 contributions received in key stages of developments life Scheme to mitigate impacts of development identified from within relevant strategies/plans Scheme to mitigate impacts of development delivered

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