Your questions about planning obligations answered. How are section agreements created? The planning obligations supplementary planning document identifies six types of planning obligation: Open space Education Public Realm Transport Affordable housing Other site specific obligations Who decides a section agreement? Will all developments have to pay section contributions? When are section monies paid? Are there any restrictions on how section can be spent?
Why are section contributions sometimes spent away from the development? How are section contributions spent in Salford? The city council has to identify at the point of determining a planning application the specific infrastructure project which the contribution will be directed towards, for example, 'towards the improvement of Ordsall Park' A list of eligible infrastructure projects has been prepared relating to the provision and improvement of open space, public realm, and transport across each of the city's eight neighbourhood areas.
Why are section contributions spent in this way? How to obtain a copy of a Section agreement Section agreements are held with the documents associated with the planning application.
Downloadable documents A guide to Section Adobe PDF format, 44kb If you are unable to view documents of these types, our downloads page provides links to viewing software. Planning obligations and community infrastructure levy Planning obligations income and expenditure Planning obligations policies Community infrastructure levy Planning Obligations Infrastructure Funding Statement.
There has been an amendment 28th Feb to the regulation and it is now possible to apply to amend any planning obligations entered into between 28 March and before 6 April Therefore obligations that were entered into 3 years ago can now be appealed. This amendment will become irrelevant after 6 April The Growth and Infrastructure Act clause 7 inserts new clauses into s of the Town and Country Planning Act that introduces a new application and appeal procedure for the review of planning obligations on planning permissions which relate to the provision of affordable housing.
The changes require a council to assess the viability arguments, to renegotiate previously agreed affordable housing levels in a S, and change the affordable housing requirement or face an appeal. An appeal can be made if the authority does not modify the planning obligation as requested, or fails to make a determination within a specified time. Obligations which include a "requirement relating to the provision of housing that is, or is to be made available, for people whose needs are not adequately served by the commercial housing market" are within scope of this new procedure.
The application and appeal procedure will assess the viability of affordable housing requirements only. It will not reopen any other planning policy considerations or review the merits of the permitted scheme. These new application and appeal procedures don't replace existing powers to renegotiate Section agreements on a voluntary basis. In addition, this provision related to affordable housing does not replace the provisions to modify an obligation set out in the regulations and updated by the regulations see above.
DCLG have issued a guidance document to support the changes in the Growth and Infrastructure Act that provides more detailed information on what is required to modify, and assess requests to modify, the affordable housing provision in a section obligations. This is guidance on the format of the application, appeal and evidence; particularly what viability evidence will be required and how it should be assessed. The Government viewed S as providing only partial and variable response to capturing funding contributions for infrastructure.
A section agreement may be modified or discharged, for help negotiating this process a planning expert's help should be sought. Section agreements may also be known as S agreements or planning obligations, or section planning agreements, but they all currently refer to the same thing and can be interpreted as equivalent terms.
Image by Aidan Jones. Beyond these rules, viability and the wider economy play a role in determining the scope and scale a section agreement should have.
Go to Public Access to view applications and comment. You are here Home » Planning » Planning applications. What the Section Agreement will cover When a planning application is submitted to the Council, we will assess the application as to whether the development would cause a significant impact to the area and community. Who can Appeal and when?
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