Planning Obligations SPD 2020
1.1 A planning obligation is legally enforceable and entered into under section 106 of the Town and Country Planning Act 1990. Harborough District Council (together with Leicestershire County Council) enters into S106 planning agreements with developers to provide the necessary infrastructure and/or services to mitigate the impacts of new developments.
1.2 This document has been prepared to inform developers, landowners, infrastructure providers and local communities about the approach Harborough District Council takes to secure community infrastructure and affordable housing through planning obligations.
1.3 It updates the HDC Planning Obligations SPD January 2017 and takes into account:
- The Harborough Local Plan (2019);
- The Community Infrastructure Levy Regulations (as amended);
- National Planning Policy Framework (February 2019);
- National Planning Practice Guidance (2014 and continually updated);
- Leicestershire County Council Planning Obligations Policy (2019).
1.4 The document seeks to advise and support developers and communities on current practice in applying planning policy to secure community infrastructure. Harborough District Council has not introduced a Community Infrastructure Levy (CIL) but will keep it under review, with partner authorities across Leicester and Leicestershire Housing Market Area.
1.5 In light of the recent consultation on the White Paper : The Future of Planning - any proposal and reform by Government of the existing planning obligations regime, through the replacement of S106 planning obligations and CIL with a single Infrastructure Levy, will also be kept under review.
1.6 The current requirements for a planning obligation will depend on whether the capacity of the existing local infrastructure/services can support a new development. If the capacity cannot support a new development, then planning obligations will be required to mitigate the impacts and provide the necessary infrastructure/services. Annex 1 to this document provides a summary of the main contributions which may be sought according to development type.