Planning Obligations & Section 106
Tom RawsternePlanning Contributions Project
Manager
Nottinghamshire County Council
Planning Application process
Planning Obligations & Section 106
Planning application LPA
NCC
Internal depts.
Grant
Grant with conditions
Refuse
Natural EnglandHighway
s Agency
Environment Agency
S106
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
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
Planning Obligations – what it is reasonable to ask for
ODPM Circular 05/05 set out five tests against which planning obligations should 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
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
Areas of collection via s106
Health services
Planning Contributions
Archaeology Open space
Minerals &
Waste
Natural Heritag
eMonitoring feesEducation
servicesCommunity
facilities
Affordablehousing
Highways& transport
Planning Obligations & Section 106
County Council areas
District Council areas
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
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
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
Key Issues in Mansfield cont’d
…FORMAL ADOPTION OF OUR PLANNING CONTRIBUTIONS STRATEGY
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