Presented by Ian Robinson How many hats do we wear?

Presented by Ian Robinson What is Section 106? The Town & Country Planning Act 1990 (As amended) Allows and encourages the drafting of agreements between Councils and developers (known as Planning Obligations)

Presented by Ian Robinson Section 106 Policy & Guidance The Government actually encourages the innovative use of planning obligations via Section 106 Government advice in PPG1 (February 1997) “Planning obligations are useful instruments where they are necessary to the development and fairly and reasonably related in scale and kind”

Presented by Ian Robinson Section 106 Policy & Guidance Planning obligation should directly relate to the “parent development” (paragraph 36) They can help a planning applicant to overcome obstacles which, would otherwise prevent planning applications from being granted

Presented by Ian Robinson Section 106 Policy & Guidance Continued Circular 1/97 – Planning Obligations – gives more details advice on when Section 106 agreements are acceptable or not The circular goes on to state, “Planning Obligations have a positive role to play in the planning system. Used properly they can remedy genuine problems and enhance quality” WARNING – if an obligation is provided and then not used, the benefit or cash must be returned to the developer

Presented by Ian Robinson Essential criteria and a good practice guide Circular 1/97 requires Section 106 Planning Obligations to meet five tests Must be reasonable Necessary Relevant Directly related to the application Within scale and kind of the application

Presented by Ian Robinson Any other Rules or good practice? Agree the type and level of contribution at the earliest stage Clarify the contribution as the application progresses Agree the precise level before the recommendation to planning committee Oversee and check the legal agreement between applicant and planning officer REMEMBER – the agreement is a public document and once signed can been seen by anyone

Presented by Ian Robinson What can Section 106 be used for? The provision of affordable housing The provision of affordable, sustainable and renewable energy source heating Conservation and enhancement of buildings Nature conservation Environmental improvements

Presented by Ian Robinson More applications for Section 106 Agreements Employment Community facilities e.g. play areas Town centre improvements Public transport and highway infrastructure Educational facilities Re-cycling facilities and close circuit television

Presented by Ian Robinson How this can be applied in other circumstances. Who might the partners be? A LGO can provide impartiality and some independence to situations. Any examples of this happening? What happens in Germany … Cossow… the Wind farm, the community centre and ongoing maintenance?

Presented by Ian Robinson Now who might this be applied to? Domestic or house building implications Commercial and industrial Agricultural

Presented by Ian Robinson All local authorities are unique. Different geography, industry, expansion, contraction, and regeneration. If Breckland, at Swaffham, can make something out of nothing then any other location can! The Fenland Example Wind Turbines Biomass systems and fuel production Solar Energy Schemes Ground Source Heat Pumps Reflective glass We haven’t even started yet!!

Presented by Ian Robinson Your Authority is unique. What special Section 106 Agreement can you think of for your Authority which advances the concept of energy conservation or renewables?

Presented by Ian Robinson Ian Robinson Director of 4H Consultancy Limited Contact welcome: