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Planning Obligations & Section 106

Planning Obligations & Section 106. Tom Rawsterne Planning Contributions Project Manager. Nottinghamshire County Council. Planning Application process. S106. NCC. Grant with conditions. Planning application. LPA. Grant. Refuse. Internal depts. Environment Agency. Natural England.

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Planning Obligations & Section 106

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  1. Planning Obligations & Section 106 Tom Rawsterne Planning Contributions Project Manager Nottinghamshire County Council

  2. Planning Application process S106 NCC Grant with conditions Planning application LPA Grant Refuse Internal depts. Environment Agency Natural England Highways Agency Planning Obligations & Section 106

  3. 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. Planning Obligations & Section 106

  4. 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 & Section 106

  5. Planning Obligations – what it is reasonable to ask for ODPM Circular 05/05 set out five tests against whichplanning obligationsshould 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 Planning Obligations & Section 106

  6. 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 Planning Obligations & Section 106

  7. Areas of collection via s106 Monitoring fees Natural Heritage Community facilities Education services Affordable housing Minerals & Waste Planning Contributions Highways & transport Open space Archaeology County Council areas District Council areas Planning Obligations & Section 106

  8. 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 Obligations & Section 106

  9. 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 Planning Obligations & Section 106

  10. 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… Planning Obligations & Section 106

  11. Key Issues in Mansfield cont’d …FORMAL ADOPTION OF OUR PLANNING CONTRIBUTIONS STRATEGY

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