growth through the planning system, nonetheless it is important to ensure that development is sustainable in the widest sense. Whilst scheme viability may affect the level and range of developer contributions secured, if developer contributions are not secured then this may place existing infrastructure and services under greater strain and/or the cost of mitigating the impacts of new development will fall on the tax payer.
Developer contributions secured through s106 agreements are an important method in minimising the financial costs and impact to the public service partnership organisations arising from new development. The approach outlined in the Developers’ Guide helps to ensure that adequate funding is secured, to mitigate properly the impact of new development.
The existence of a countywide s106 group (consisting of representatives of all the local planning authorities in Suffolk together with the PCTs and Suffolk Constabulary) reinforces the benefits of joined up public service provision and means that contributions for a wide range of services are now regularly considered and included in s106 agreements, when required and justified.
It is also important to note that often the funding received via s106 is insufficient to cover the total costs of the works required. This is particularly the case in terms of schools and also improvements to the strategic road network. Because of this other funding needs to be secured. Traditionally this funding has been sought from government through specific grants, but the recent Comprehensive Spending Review means that many of these grants have been reduced or have disappeared altogether. This needs to be considered by the County Council in judging the ability to fund additional infrastructure capacity and services to accommodate new development.
The Developers’ Guide helps to ensure adequate funding is secured in order to mitigate the impact of new development and ensure that the partnership organisations do not have
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to use their own resources to meet the infrastructure costs associated with new development. In addition, it ensures that local communities accepting new development see investment in new or improved infrastructure, where this is required, to avoid additional burdens being placed on existing infrastructure.
A countywide policy framework on planning obligations includes infrastructure and services which are the responsibility of the district/borough councils, the County Council, the Broads Authority, Suffolk Primary Care NHS Trust (NHS Suffolk), Great Yarmouth & Waveney Primary Care Trust (NHS Great Yarmouth and Waveney) and Suffolk Constabulary is necessary to ensure that it is open, transparent and consistent. This approach enables developments to contribute appropriately
The key aims of the Developers’ Guide are to:
ll Ensure a coherent and consistent methodology on developer contributions;
ll Assist the local planning authorities in the preparation of local plans and supplementary planning documents;
l l Be a useful information source for local planning authorities to assist with the introduction of the Community Infrastructure Levy; and,
ll Minimise uncertainty and time spent on negotiating individual planning applications, which has the benefit of providing transparency for developers and speeding up the planning process.
Government Advice
The Town and Country Planning Act 1990 (as amended by the Planning and Compensation Act 1991) established the statutory framework for developer contributions in the form of Section 106 Planning Obligations. The National Planning Policy Framework (paragraph 204) states that planning obligations should only be sought where they meet all of the following tests:
l l Necessary to make the development acceptable in planning terms;
ll Directly related to the development; and,
ll Fairly and reasonably related in scale and kind to the development.
In appropriate cases this statement will form a material consideration in the determination of planning applications and could form the basis for grounds for refusing a planning application if the requirements are not met. In some instances, it may be possible to make development proposals acceptable through the use of planning conditions (see Circular 11/95). Where this is not the case, it might be possible to make development acceptable through the use of planning obligations.
Suffolk Countywide Guidance
The Developers’ Guide is 3 separate but inter-linked documents:
ll Section 106 Developers’ Guide to Infrastructure in Suffolk;
ll Section 106 Planning Obligations – Code of Practice Protocol; and,
ll The following topic papers on Air Quality, Archaeology, Early Years and Childcare Provision, Education Provision, Fire and Rescue Service Provision, Health Infrastructure Provision, Highways and Transport, Libraries and Archive Infrastructure Provision, Police Infrastructure Provision, Supported Housing, and Waste Disposal Facilities.
The Guide gives an indication of the level of contributions developers would be expected to make. However all contributions sought will be assessed on a site-by-site basis directly related to an individual proposal. The Developers’ Guide is not prescriptive but a useful tool to illustrate likely demands placed on new development proposals. Some of its content may not be relevant for all proposals and in certain circumstances additional or alternative elements may need to be addressed. Detailed discussion as to the precise nature of
THE TERRIER - Summer 2012
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