Planning Obligations SPD
Chapter 2: Introduction
2.1. A planning obligation is a legally enforceable obligation entered into under section 106 of the Town and Country Planning Act 1990 to mitigate the impacts of a development proposal.
2.2. Harborough District Council (together with Leicestershire County Council) enters into these agreements with developers to help ensure that obligations (which mean the developer funds provision of what is needed) are met.
2.3. This document has been prepared to inform developers, landowners, infrastructure providers and local communities about the approach to securing community infrastructure and affordable housing through planning obligations followed by Harborough District Council.
2.4. It replaces the HDC Planning Obligations Guidance Note issued in September 2009 and the Affordable Housing Supplementary Planning Document 2006 and takes into account:
- The adoption of the Harborough District Core Strategy (2011);
- The Community Infrastructure Levy Regulations (2011);
- National Planning Policy Framework (2012);
- National Planning Practice Guidance (2014 – revised November 2014);
- Updated Leicestershire Developer Contributions Policy (December 2014) ; and
- Draft Developer Contributions Protocol (January 2015).
2.5. The document seeks to advise and support developers and communities on current practice in applying policy to securing community infrastructure. Harborough District Council is reviewing the option of introducing a new Community Infrastructure Levy (CIL) as part of its forthcoming Local Plan to fund certain elements of future infrastructure, potentially of a District wide significance. Planning obligations will remain necessary to deal with site specific impacts.
2.6. Although this document provides guidance to be followed when considering development proposals, the Council in determining planning applications makes a judgement on what planning obligation would be necessary. The requirements of a planning obligation will also be dependent upon the capacity of the existing infrastructure within the vicinity of the proposed development and the requirement for on-site and contributions towards enhancing off-site infrastructure.