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Presented by Ian Robinson How many hats do we wear?

How many hats do we wear?

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How many hats do we wear?. What is Section 106?. The Town & Country Planning Act 1990 (As amended) Allows and encourages the drafting of agreements between Councils and developers (known as Planning Obligations). Section 106 Policy & Guidance. - PowerPoint PPT Presentation

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Page 1: How many hats do we wear?

Presented by Ian Robinson

How many hats do we wear?

Page 2: How many hats do we wear?

Presented by Ian Robinson

What is Section 106? The Town & Country Planning Act 1990

(As amended)

Allows and encourages the drafting of agreements between Councils and developers (known as Planning Obligations)

Page 3: How many hats do we wear?

Presented by Ian Robinson

Section 106 Policy & Guidance

The Government actually encourages the innovative use of planning obligations via Section 106

Government advice in PPG1 (February 1997) “Planning obligations are useful instruments where they are necessary to the development and fairly and reasonably related in scale and kind”

Page 4: How many hats do we wear?

Presented by Ian Robinson

Section 106 Policy & Guidance

Planning obligation should directly relate to the “parent development” (paragraph 36)

They can help a planning applicant to overcome obstacles which, would otherwise prevent planning applications from being granted

Page 5: How many hats do we wear?

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Section 106 Policy & Guidance Continued

Circular 1/97 – Planning Obligations – gives more details advice on when Section 106 agreements are acceptable or not

The circular goes on to state, “Planning Obligations have a positive role to play in the planning system. Used properly they can remedy genuine problems and enhance quality”

WARNING – if an obligation is provided and then not used, the benefit or cash must be returned to the developer

Page 6: How many hats do we wear?

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Essential criteria and a good practice guide

Circular 1/97 requires Section 106 Planning Obligations to meet five tests Must be reasonable Necessary Relevant Directly related to the application Within scale and kind of the application

Page 7: How many hats do we wear?

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Any other Rules or good practice?

Agree the type and level of contribution at the earliest stage

Clarify the contribution as the application progresses

Agree the precise level before the recommendation to planning committee

Oversee and check the legal agreement between applicant and planning officer

REMEMBER – the agreement is a public document and once signed can been seen by anyone

Page 8: How many hats do we wear?

Presented by Ian Robinson

What can Section 106 be used for?

The provision of affordable housing The provision of affordable, sustainable

and renewable energy source heating Conservation and enhancement of

buildings Nature conservation Environmental improvements

Page 9: How many hats do we wear?

Presented by Ian Robinson

More applications for Section 106 Agreements

Employment Community facilities e.g. play areas Town centre improvements Public transport and highway

infrastructure Educational facilities Re-cycling facilities and close circuit

television

Page 10: How many hats do we wear?

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How this can be applied in other circumstances.

Who might the partners be? A LGO can provide impartiality and

some independence to situations. Any examples of this happening? What happens in Germany … Cossow…

the Wind farm, the community centre and ongoing maintenance?

Page 11: How many hats do we wear?

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Now who might this be applied to?

Domestic or house building implications

Commercial and industrial

Agricultural

Page 12: How many hats do we wear?

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All local authorities are unique. Different geography, industry, expansion,

contraction, and regeneration. If Breckland, at Swaffham, can make something out

of nothing then any other location can! The Fenland Example Wind Turbines Biomass systems and fuel production Solar Energy Schemes Ground Source Heat Pumps Reflective glass We haven’t even started yet!!

Page 13: How many hats do we wear?

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Your Authority is unique. What special Section 106

Agreement can you think of for your Authority which advances the concept of energy conservation or

renewables?

Page 14: How many hats do we wear?

Presented by Ian Robinson

Ian Robinson

Director of

4H Consultancy Limited

Contact welcome: 07879 680200

Email: [email protected]