Planning Obligations SPD 2021

2.0 POLICY ON PLANNING OBLIGATIONS

2.1 National Planning Policy Framework (NPPF) July 2021 paragraph 57 states planning obligations must only be sought where they meet all of the following three tests:-

• Necessary to make the development acceptable in planning terms
• Directly related to the development
• Fairly and reasonably related in scale and kind to the development

2.2 The above three tests are known as the 'CIL Tests' after the Community Infrastructure Levy Regulations (CIL) as defined in Regulation 122(2) of the CIL Regulations which make them a statutory requirement.

2.3 Harborough District Council will consider the request for each planning obligation in accordance and in compliance with the CIL Tests.

2.4 On 1^st September 2019 revisions to the CIL regulations (2019) removed the limits on the pooling of no more than five obligations for a project or type of infrastructure.

2.5 The HDC Local Plan (2011 – 2031) adopted in 2019 along with the made neighbourhood plans and adopted minerals and waste plans, form the overall development plan for Harborough District. The Local Plan is the starting point for considering whether planning applications can be approved.

2.6 Local Plan policy IN1-Infrastructure Provision defines the levels of infrastructure necessary to mitigate the development proposals in the Plan. Local Plan Policy H1 – Provision of New Housing and Local Plan Policy H2 – Affordable Housing support 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.

2.7 Policies in the Local Plan indicate areas which are likely to be the subject of planning obligations

• Affordable Housing
• Community Facilities
• Open Space, Sport and Recreation Provision
• Cemeteries
• Education
• Highways and Transportation
• Library Services and associated facilities
• Recycling and Waste
• Health Care
• Policing and Fire and Rescue
• Flood mitigation
• Sustainable Urban Drainage Systems

Further details of specific obligations required for each site are set out within the Local Plan policies and site allocations.

2.8 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.

2.9 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.

Questions

The SPD has been expanded to include additional references to adopted Local Plan policies. This seeks to provide further clarity and explanation on the policy justifications for Section106 requests.