Issue - meetings

This report seeks approval for the adoption of a planning obligations protocol and associated monitoring fee which is intended to provide a clear and transparent framework in respect of how the service will negotiate and secure planning obligations under Section 106 of the Town and Country Planning Act 1990 in order to mitigate the impact of development taking place across the Borough.

Referred from Planning and Transportation Advisory Board of 11 November 2020

(Report of Director of Planning, Housing and Environmental Health)

In order to mitigate the impact of development taking place across the Borough, consideration was given to the adoption of a planning obligations protocol and associated monitoring fee.  This was intended to provide a clear and transparent framework in respect of how planning obligations, under Section 106 of the Town and Country Planning Act 1990, would be negotiated and secured.

The Planning and Transportation Advisory Board at its meeting of 11 November 2020 had recommended that the Protocol be amended to maintain a level of flexibility to assist and support all types of applicants.    A revised Protocol reflecting these comments was attached at Annex 1.

The Cabinet resolved that:

(1)          the Planning Obligations Protocol in its revised form be adopted; and

(2)          the associated monitoring fee of £300 per planning obligation (as set out at Annex 1 to the report) be adopted.

Decision Notice D210009CAB

In order to mitigate the impact of development taking place across the Borough, consideration was given to the adoption of a planning obligations protocol and associated monitoring fee.  This was intended to provide a clear and transparent framework in respect of how planning obligations, under Section 106 of the Town and Country Planning Act 1990, would be negotiated and secured.

The Planning and Transportation Advisory Board at its meeting of 11 November 2020 had recommended that the Protocol be amended to maintain a level of flexibility to assist and support all types of applicants.    A revised Protocol reflecting these comments was attached at Annex 1.

RESOLVED: That

(1)             the Planning Obligations Protocol in its revised form be adopted; and

(2)             the associated monitoring fee of £300 per planning obligation (as set out at Annex 1 to the report) be adopted.

This report seeks approval for the adoption of a Planning Obligations Protocol (and associated monitoring fee) which is intended to provide a clear and transparent framework in respect of how the Service will negotiate and secure planning obligations under section 106 of the Town and Country Planning Act 1990 in order to mitigate the impacts of development taking place across the Borough.  Successful negotiation of planning obligations requires effective management and monitoring to ensure timely and appropriate use of collected obligations.

The report of the Director of Planning, Housing and Environmental Health recommended the adoption of a Planning Obligations Protocol and associated monitoring fee.  This was intended to provide a clear and transparent framework in respect of how planning obligations under section 106 of the Town and Country Planning Act 1990 would be negotiated and secured, in order to mitigate the impacts of development across the Borough.

In addition, the report recommended that a flat fee of £300 per obligation be required to cover the cost of monitoring and reporting on delivery of s106 obligations and outcomes.

Concern was expressed about the level of legal skill and knowledge required to negotiate and understand a legal agreement/planning obligation and that the proposed Protocol could be too prescriptive to the detriment of smaller developers and applicants. Members asked that consideration be given to amending the Protocol to maintain a level of flexibility to assist and support all types of applicant.

Reference was made to the new requirement for Local Planning Authorities to publish an annual Infrastructure Funding Statement which identified infrastructure needs, the total costs of this infrastructure, anticipated funding from developer contributions and the choices made by the authority about how these contributions would be used.  Unfortunately, given the timescales involved it was not possible to provide a draft Statement for Member consideration and the Director for Planning, Housing and Environmental Health, in consultation with the Cabinet Member for Strategic Planning and Infrastructure, would develop a final Statement for publication.  Officers committed to sharing information with Members as the final Statement was being developed.

RECOMMENDED:  That

(1)             the principal of a Planning Obligations Protocol be adopted; subject to consideration by the Cabinet of further adjustments to reflect the concerns raised by this Advisory Board and to introduce a level of flexibility for all applicants;

(2)             the associated monitoring fee of £300 per planning obligation (as set out in Annex 1 of the report) be adopted; and

(3)             the production and publication of the Infrastructure Funding Statement by the deadline of 31 December 2020 be delegated to the Director of Planning, Housing and Environmental Health in consultation with the Cabinet Member for Strategic Planning and Infrastructure.

*Referred to Cabinet