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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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Presented by Ian Robinson
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)
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”
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
Presented by Ian Robinson
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
Presented by Ian Robinson
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
Presented by Ian Robinson
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
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
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
Presented by Ian Robinson
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?
Presented by Ian Robinson
Now who might this be applied to?
Domestic or house building implications
Commercial and industrial
Agricultural
Presented by Ian Robinson
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!!
Presented by Ian Robinson
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?
Presented by Ian Robinson
Ian Robinson
Director of
4H Consultancy Limited
Contact welcome: 07879 680200
Email: [email protected]