PLANNING OBLIGATIONS

1
PLANNING OBLIGATIONS

• Section 106 agreements

2
So what is a Planning Obligation?

• A Planning Obligation is an obligation which can
  be entered into by agreement or otherwise by a
  person with an interest in land in the area of a
  local planning authority

3
What can a Planning Obligation provide for?

• Restriction on the development or use of the land
  in any specified way
• Require specified operations/activities to be
  carried out, in, on, under or over land
• Require land to be used in a specified way
• Require a sum or sums to be paid to the authority
  on a specified date or dates periodically

4
Government Guidance - Circular 05/2005 Planning
Obligations

• A Planning Obligation must be
• Relevant to planning
• Necessary to make the proposed development
  acceptable in planning terms
• Directly related to the proposed development
• Fairly and reasonably related in scale and kind
  to the proposed development
• Reasonable in all other aspects

5
Examples of Planning Obligations

• Social and Community facilities (SOC2)
• Affordable housing
• Education
• Highways and public transport
• Public open space/play areas
• Travel plan
• Townscape improvements

6
Lichfield District Councils policy and procedure
for allocation of social and community payments

• The Council will require major new housing,
  commercial and Industrial development to provide
  for social, recreation, education, community and
  health facilities, the need for which arise from
  the development and which are commensurate with
  the scale and nature of proposals. This could be
  by way of direct provision on site and/or by
  contribution to be made for the provision of
  facilities elsewhere

7
How is SOC2 raised?

• Residential development more than 10 dwellings
  (2.5k p/dwelling)
• Employment development over 1000sq. Metres (9k
  p/hectare)
• Office development over 500sq. Metres (28.50
  p/sq. metre)
• Retail development over 1000sq.Metres

8
How are SOC 2 contributions allocated?

• Schemes are identified through extensive
  consultation and infrastructure needs analysis
  with
• Members
• Parish Councils
• LDC Officers
• The Public
• The Voluntary and Community Sector
• Key partners
• Any many more . . .

9
How does the Process work?

• The Section 106 Officer will collect all
• Expressions of interest which are presented to a
  Planning Obligations Officer working group.
  (These are reviewed against a decision tree
  (which helps when more than one scheme can be
  funded or are competing against each other)
• Recommendations for potential schemes will then
  go forward to The Executive who will make the
  final decision

10
Where can I find more information?

• Contact LDCs Planning Obligations, Monitoring
  and Implementation Officer
• Asmita Kathrani
• Democratic, Development and Legal Services,
• Lichfield District Council,
• District Council House,
• Frog Lane,
• Lichfield.
• WS13 6YZ.
• Tel [phone]/Fax [phone]
• Website www.lichfielddc.gov.uk/section106