Planning Obligations SPD 2021

Harborough District Council Planning Obligations Supplementary Planning Document (SPD), re-consultation between 5 November and 17 December 2021.

Following the Cabinet decision of 11 October 2021, the Council is re-consulting on the Planning Obligations SPD.

The Planning Obligations SPD informs developers, landowners, infrastructure providers, stakeholders/partners and local communities about the approach Harborough District Council will take to secure community infrastructure and affordable housing, through planning obligations associated with development consent. The SPD reflects the adopted Harborough District Local Plan 2011-2031 and considers current Government legislation, regulations, policies, and guidance.   

Previously subject to an eight-week public and stakeholder consultation between 11 December 2020 and 5 February 2021; some amendments have been made in response to the representations received by the Council, and to changes in government policy. The scale and scope of all the revisions and changes to the SPD are significant enough to justify a re-consultation of the SPD.

The main amendments include: -

• additional references to Local Plan policies 
• the Government’s proposals on First Homes [discounted market sale housing]
• a calculation to recover the Council’s costs of monitoring developer contributions
• information on contributions towards waste and recycling facilities.

The consultation document and supporting appendices are also available to read as standalone files:

• Planning Obligations Supplementary Planning Document, re-consultation draft
• Errata – Report 6 Appendix A – Planning Obligations SPD
• Appendix B – Schedule of Costs 2021-22
• Appendix C - Planning Obligations SPD 2020 Representations & Officer Responses
• Appendix D – Monitoring Fees Evidence Paper

Comments will be welcomed for a six week consultation period, from Friday 5 November until 6pm on Friday 17 December 2021.

1.0 INTRODUCTION

1.1 The Planning obligations Supplementary Planning Document (SPD) has been prepared to inform developers, landowners, infrastructure providers and local communities about the approach Harborough District Council (HDC) takes to secure a range of community infrastructure and affordable housing through the planning obligations process.

1.2 A planning obligation is legally enforceable and entered into under section 106 (S106) of the Town and Country Planning Act 1990 (As Amended). Harborough District Council (together with Leicestershire County Council) can enter into S106 planning agreements with developers/landowners to ensure the provision of necessary infrastructure and local services, to mitigate the impacts of new development.

1.3 This SPD replaces the previous HDC Planning Obligations SPD 2017 and is informed by:-

• The Harborough District Council Local Plan (2011-2031) adopted 2019
• The Community Infrastructure Levy Regulations (2010) As Amended
• National Planning Policy Framework (July 2021)
• National Planning Practice Guidance (2014 and continually updated)
• Leicestershire County Council Planning Obligations Policy adopted 2019

1.4 The requirements for a planning obligation will depend on whether the current capacity of the existing infrastructure or 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 and services to support sustainable growth and development