Planning Obligations SPD

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Comment

Planning Obligations SPD

Question 8: Do you have any comments to make on National Policy and Guidance?

Representation ID: 773

Received: 30/09/2015

Respondent: Bidwells

Agent: Bidwells

Representation Summary:

National Planning Policy

Full text:

The Community Infrastructure Levy Regulations (2010, as amended), National Planning Policy Framework (NPPF) and Planning Practice Guidance (PPG) all state that planning obligations should only be sought where they meet all 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."
Ref: Paragraph 204 of the NPPF
Each application site therefore needs to be considered on its merits to ensure that the obligations meet the tests.
Paragraph 205 of the NPPF states that changes to the market conditions over time should be considered when obligations are being sought or revised. The market conditions vary throughout the District and as such it is vital that Harborough District Council consider the specific requirements of each development site.
The Planning Practice Guidance states that policies for seeking planning obligations should be set out in a Local Plan or Neighbourhood Plan to enable fair and open testing of the policy at examination. As such, the requested planning obligations must be included within the existing and emerging development plan policies as well as ensuring that any obligations within adopted neighbourhood plans are in full accordance with the established development plan policy.
The PPG clearly states that:
"Supplementary planning documents should not be used to add unnecessarily to the financial burdens of development and should not be used to set rates or charges which have not been established through development plan policy".

Comment

Planning Obligations SPD

Question 14: Do you have any comments about Determining Applications and appropriate Obligations?

Representation ID: 774

Received: 30/09/2015

Respondent: Bidwells

Agent: Bidwells

Representation Summary:

Our client is broadly in agreement with the proposed planning obligations process. We would agree that it would be helpful to have an indication of the likely level of planning obligations that will be requested at the pre-application stage wherever possible.

Our client considers that a standard template for agreeing planning obligations would be very useful. We would suggest that this is appended to the SPG for ease of reference. This approach is advocated by the PPG (Reference ID 23b-027-20150326).

Full text:

Our client is broadly in agreement with the proposed planning obligations process. We would agree that it would be helpful to have an indication of the likely level of planning obligations that will be requested at the pre-application stage wherever possible.

Our client considers that a standard template for agreeing planning obligations would be very useful. We would suggest that this is appended to the SPG for ease of reference. This approach is advocated by the PPG (Reference ID 23b-027-20150326).

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