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Guidance for Planning Obligations Supplementary Planning Document
(s.106 Agreements or Unilateral Undertakings)
Background
On 2 November 2006, the Council adopted the Planning Obligations Supplementary Planning Document (SPD). A planning obligation is a legal agreement between the planning authority and the developer. A planning obligation may require the developer to do something or restrict what can be done with land following the grant of planning permission such as contributing money or facilities which enable his development to occur. For example, the developer of a large housing site may make a contribution to build a new classroom at the local school. Planning obligations are normally carried out under section 106 of the Town and Country Planning Act 1990 (as amended) and are therefore known as "s.106 agreements".
The SPD gives guidance on when and how the Council will enter into planning obligations and the type of facilities and other benefits the Council expects developers to provide. It introduces the idea of a standard charge which may be applied for new developments. Details of the likely standard charges for North Herts to commence on page 19 of the document. County Council requirements are outlined on page 35. An indicative planning application timetable is contained within Appendix E.
The Draft SPD, its associated Sustainability Appraisal (SA) and Strategic Environmental Assessment (SEA) were subject to a six week public consultation between May and June 2006. A summary of the main issues raised in the representations and how these have been addressed in the SPD are contained within the report to the Council. Appendix 2 and 3 of the report tables the representations in more detail.
A background paper – 'Methodology used for calculating standard charges and other figures within the Planning Obligations Supplementary Planning Document' is also available above. This provides detailed information on the calculations within the SPD.
Hard copies of the adopted SPD and associated documents are available for viewing at the Main Council Offices, Gernon Road, Letchworth Garden City, and all the libraries within the District. They can also be purchased from the Council Offices for a fee of £15.
Appendix E of Planning Obligations SPD
Background paper supporting the Planning Obligations SPD
Development control advice for applications requiring planning obligations -
Template legal documents, questions and answers.
