Planning Obligations SPD 2020

Ended on the 5th February 2021
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ANNEX 1: DEVELOPMENT TYPE AND CONTRIBUTIONS

Development type

Affordable Dwellings

Community Facilities

Open Space provision/ contribution

Health

Community Safety

Education

Highways

Civic Amenity

Libraries

Legal Fees*

Monitoring Fees*

Small housing scheme (3 dw or under)

None

None

None

None

None

None

None

None

None

None

None

Medium housing scheme

(3-10 dw)

None

None

As determined by individual assessment of existing provision and impact

As determined by individual assessment

As determined by individual assessment of capacity and impact

As determined by individual assessment of capacity and impact

As determined by transport assessment

As determined by individual assessment of capacity and impact

As determined by individual assessment of capacity and impact

HDC:

£975 per agreement

Determined by individual assessment

Large housing scheme

(11 dw +)

Normally 40%

As determined by individual assessment of existing provision and impact

As determined by individual assessment of existing provision and impact

As determined by individual assessment

As determined by individual assessment

As determined by individual assessment

As determined by transport assessment

As determined by individual assessment

As determined by individual assessment

HDC:

£975 per agreement

Determined by individual assessment

Strategic Development Area (1000 dwellings +)

Normally 40%

Land and contribution or direct provision

Direct provision on site as part of scheme

As determined by individual assessment

As determined by individual assessment

Direct provision on site as part of scheme

As determined by transport assessment

As determined by individual assessment

As determined by individual assessment

HDC:

£975 per agreement

Determined by individual assessment

Small business development

(<1000m2)

None

None

None

None

None

None

As determined by LCC Highways

None

None

HDC:

£975 per agreement

None

Large business development

(>1000m2)

None

None

None

None

None

None

As determined by transport assessment

None

None

HDC:

£975 per agreement

None

Retail development

None

None

None

None

None

None

As determined by transport assessment

None

None

HDC:

£975 per agreement

None

* legal and monitoring fees may be applied by Leicestershire County Council in addition


ANNEX 2: REGISTERED PROVIDERS OF AFFORDABLE HOUSING

Provider Phone

East Midlands HA –

P. Wilkinson 01530 27600

Purnima.wilkinson@emha.org


Platform Group –

Judith Wise 0121 788 7814

judith.wise@waterloo.org.uk


Riverside HA –

Ian Woodland 0116 247 3810

Ian.Woodland@riverside.org.uk


NCHA –

Catherine Hewitt 0115 844 3066

CathH@ncha.org.uk


PA Housing

Richard Barwick 0116 204 4021

richard.barwick@pahousing.co.uk


Midland Heart- Elsie Wong

Elsie.wong@midlandheart.org.uk 0345 6020540


Derwent Living – Helen Munslow 01332 346477

Helen.Munslow@DerwentLiving.com


Spire Group ( Longhurst HA) Simon Folwell 01933 415365

simon.folwell@longhurst-group.org.uk


Orbit Homes – Daniel Barnes 07584600476

Daniel.Barnes@orbit.org.uk


Stonewater Group – Nicola Hillier 07741 703690

Nicola.Hillier@stonewater.org


Sage Housing – Leigh Ann Harris 07741 648028

lf@sagehousing.com


Heylo Housing – Samuel Matthews 07770 805580

smatthews@heylohousing.com


Raj Patel

Housing Enabling and Community Infrastructure Officer

Mob 07795641619

Email r.patel@harborough.gov.uk


ANNEX 3 : DRAFT PROPOSED INDEMNITY AGREEMENT

Dated 2020

HARBOROUGH DISTRICT COUNCIL

AND

[ ]

RECEIPT FOR MONIES ARISING UNDER PLANNING AGREEMENT

Pursuant to Section 106 of the Town and County Planning Act 1990

Relating to [Development Site]

Harborough District Council

THIS AGREEMENT is made on the [ insert date as number] day of [ insert month] Two Thousand and Twenty

BETWEEN:

  1. THE DISTRICT COUNCIL OF HARBOROUGH of The Symington Building, Adam and Eve Street Market Harborough Leicestershire LE16 7AG (''the District Council'')
  1. [ insert name and address of the Recipient . ] (''the Recipient'')

RECITALS

  1. Planning permission was sought from the District Council to carry out the development of [insert the description of the development] and [insert the address of the site/land]
  2. The District Council is the Local Planning Authority for the purposes of the Town and Country Planning Act 1990 (As Amended) for the District of Harborough within which the Application Land/Site is situated
  3. On [insert date] the District Council resolved to grant planning permission in accordance with the planning application ref no. and subject to planning conditions and a Section 106 Planning Agreement/Unilateral Undertaking dated [insert date] (''the Deed'')
  4. The Recipient [insert name & address] is in receipt of the [name the contribution e.g. Health Contribution or police contribution] which amounts to insert figure and also describe in words and state if inclusive of indexation] and is for [ insert the purpose/use of the contribution e.g. for the provision of and improvement of health facilities at Bushby Surgery]
  5. The parties have agreed to enter this indemnity agreement with the intention that the obligations/covenants contained herein may be enforced by the District Council against the Recipient and their respective successors in title, where necessary.

THE DISTRICT COUNCIL COVENANTS

In accordance with [insert the relevant clause nos.] of the [Section 106 planning agreement dated ]

The District Council will serve written notice to [insert name and address of the recipient ] . which :-

  1.  Advises the [Recipient] that the Deed has been entered into and that it contains an obligation on the Owner to pay the [type of contribution]
  2.  Advises the [recipient] of the purpose of the [type of contribution] as set out in the Deed
  3.  Advises the [recipient] of the amount of the [type of contribution] and each tranche there-of together with details of the trigger dates for payment and
  4.  Requests confirmation from the [recipient] as to which of them the Council should pay the contribution to in accordance with the Deed
  5.  The District Council covenants with the Owner to pay the Contribution to the [relevant recipient]

THE RECIPIENT COVENANTS

The Recipient to provide a written undertaking for the benefit of the District Council and the Owner that it will:-

  1.  apply the [ Contribution] in accordance with the purposes set out in the Deed
  2.  provide full details of the expenditure of the [ Contribution] on demand to the District Council or the Owner PROVIDED that no such demand shall be made before the expiry of three years from the date of receipt of the [ Contribution] by the District Council and such demands shall not be made more frequently than once a quarter thereafter and
  3.  return any unspent or uncommitted part of the [ Contribution] (with any required interest at the Bank of England Base rate from time to time that has accrued thereon in the period from the date of receipt by the District Council to the date of repayment) to the District Council after expiry of five years from the date of receipt of the Health Contribution by the District Council regardless of when the same was paid to the relevant Health Body.
  4.  to co-operate fully and to provide such information as is reasonably requested by the District Council in the event that repayment of the [ Contribution] is sought by the Owner under the terms of the Deed and
  5.  to notify the District Council immediately in writing of any instances of fraud or misappropriation of the [ Contribution] and
  6.  to indemnify the District Council in respect of all claims made against the District Council for repayment of the [ Contribution] including (but not limited to) legal costs and interest awarded against the District Council arising from the repayment of the [ Contribution].

IN WITNESS WHEREOF this Agreement is executed as a DEED in the manner hereinafter appearing the day and year first before written

The COMMON SEAL of

MARKET HARBOROUGH DISTRICT COUNCIL

was hereunto affixed in the presence of:-


Authorised Signatory


Signed as a deed by in the presence of


The COMMON SEAL of The RECIPIENT e.g.


Signed as a deed by in the presence of



ANNEX 4 : THE END to END S106 PLANNING OBLIGATIONS PROCESS


END to END S106 PLANNING OBLIGATIONS PROCESS

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