Planning Obligations SPD 2020
2. POLICY ON PLANNING OBLIGATIONS
National Policy and Guidance
2.1 National Planning Policy Framework (NPPF) February 2019 paragraph 56 states planning obligations must only be sought where they meet all of the following tests:
- Necessary to make the development acceptable in planning terms;
- Directly related to the development; and
- Fairly and reasonably related in scale and kind to the development.
2.2 The tests above are known as the "CIL Tests" after the Community Infrastructure Levy Regulations which made them statutory requirements.
2.3 Harborough District Council will consider the request for each planning obligation in accordance with the statutory CIL Tests.
2.4 On 1st September 2019 revisions to the CIL regulations removed the restriction on pooling more than five obligations for a project or type of infrastructure. This means that subject to meeting the 3 tests set out in CIL Regulation 122, charging authorities can use the funds from both the levy and S106 planning obligations to pay for the same piece of infrastructure provided 'double dipping' is avoided.
2.5 The Harborough District Council Local Plan (2011-2031) adopted in 2019 is, at the time of the publication of this document, the relevant adopted development plan for the District. Policy IN1-Infrastructure Provision defines the levels of infrastructure necessary to mitigate the development proposals in the Strategy. Policies H1 – Provision of New Housing and H2 – Affordable Housing supports the development of an appropriate mix of housing including provision of lower cost affordable homes to rent through social housing providers which are secured through planning obligations.
2.6 Policies IN1 and H2 of the Local Plan indicates areas which are most likely to be the subject of planning obligations as follows:
- Affordable Housing
- Community Facilities
- Open Space, Sport and Recreation Provision
- Highways and Transportation
- Library Services and associated facilities
- Recycling and Waste
- Health Care
- Policing and Fire and Rescue
Further details of specific obligations required for each site are set out within the relevant site allocation policy.
2.7 Obligations may also be sought towards other types of infrastructure or project which are necessary to make development applications acceptable in planning terms. The need for these will be determined on a case by case basis. Obligations may be sought, where appropriate, towards matters related to flood control and sustainable drainage and are referenced in Section 10 of this document.
2.8 Leicestershire has a two tier system of local government. Services such as housing, community facilities, open space and waste collection are the responsibility of the seven District and Borough Councils in the County. The County Council is responsible for the provision/commissioning of a range services including education, highways, transport, libraries, social care, public health and waste disposal.