Planning Obligations Guidance Supplementary Planning Document
Introduction
The Planning Obligations Guidance SPD
About Planning Obligations
Government Guidance
About Bexley’s Planning Obligations Guidance
Expected Contributions
How the Guidance Was Developed
Introduction
Planning obligations are agreements between local councils and developers to
offset negative impacts caused by the development and make sure new development
contributes towards the provision of local infrastructure, services and facilities.
New housing and other developments in Bexley will result in increased pressure
on infrastructure, services and facilities. Planning obligations will ensure
this new development helps to meet this additional pressure.
The London Borough of Bexley’s policy on planning obligations is set
out in saved policies in the Unitary Development Plan (UDP). More information
about the UDP can be found here.
Return to top of page
The Planning Obligations Guidance SPD
To establish a transparent, fair and consistent process for negotiating, applying
and monitoring planning obligations, the London Borough of Bexley has adopted
a Planning Obligations Guidance Supplementary Planning Document (SPD) and accompanying
Sustainability Appraisal Report.
You can view the adopted Planning Obligations Guidance SPD, Sustainability
Appraisal Report and supporting documents by clicking the links on the left of
this page.
Paper copies of the Guide are available on request (for a small fee) from:
 ldfteam@bexley.gov.uk
 020 8308 7782
Copies are also available to view at:
- The Contact Centre at the Civic Offices, Broadway, Bexleyheath (Monday to Friday, 9.00am to 5.00pm)
- Reception, Wyncham House, 207 Longlands Road, Sidcup (Monday to Friday, 9.00am to 5.00pm)
- Bexley's Central Reference Library and Local Libraries. Opening hours are
available here
The documents form part of the Local Development Framework (LDF). More information
about the LDF is available here.
The SPD is a material consideration for the Council when considering decisions
on planning applications.
Return to top of page
About Planning Obligations
A planning obligation is a legal agreement made between a local planning authority
and a developer where it is necessary for the developer to provide contributions
to offset negative impacts caused by the development. These contributions might
include affordable new homes, new open space, school places, employment training
schemes, or health and sports facilities.
The developer will either provide these facilities directly or make payments
to the Council for them to be provided. Planning obligation agreements must be
relevant to the development to which they relate. They may be provided on the
development site or elsewhere. Contributions may be required before the local
planning authority grants planning permission.
Planning Obligations can be sought in addition to any necessary planning conditions
attached to a planning permission. They may be required to make the development
acceptable in planning terms.
Planning obligations may be secured as a legal agreement between the Council
and the applicant and/or all parties with an interest in the land which is the
subject of the planning consent. These are often known as “Section
106 Agreements“ after the Section of the Town and Country Planning
Act they originally appeared in. The supporting documents available on the left
of this page include a model Section 106 Agreement.
Alternatively, planning obligations may be made as a unilateral undertaking offered
to the Council by the applicant and/or all parties with an interest in the land. The
supporting documents available on the left of this page include a model unilateral
undertaking.
Return to top of page
Government Guidance
Government guidance on planning obligations is set out in the Department for
Communities and Local Government’s Circular 05/05, Planning Obligations.
View Circular 05/05  here.
Circular 05/05 sets out key tests for local councils’ planning obligations.
They must be:
- relevant to planning;
- necessary to make the proposed development acceptable in planning terms;
- directly related to the proposed development;
- fairly and reasonably related in scale and kind to the proposed development;
and
- reasonable in all other aspects.
Bexley’s Planning Obligations Guidance reflects Government guidance.
Return to top of page
About Bexley’s Planning Obligations Guidance
The Planning Obligations Guidance SPD is a Supplementary Planning Document
(SPD), forming part of the Local Development Framework (LDF). SPDs give
further detailed guidance on the Council's relevant planning policies set out
in the Unitary Development Plan (UDP) and in other LDF documents. Further
information about the UDP and LDF is available here.
Bexley’s Planning Obligations Guidance SPD provides guidance on what
the Council will seek in planning obligation agreements and in what circumstances
they will be required. It sets out clear policy guidance for anyone involved
in the planning process and guides negotiations between the Council and applicants.
The SPD will be monitored and its impact reviewed through the reports to the
Council’s Planning Control Committee and in the LDF Annual Monitoring Report.
Return to top of page
Expected Contributions
The SPD was produced following extensive financial viability testing to assess
the appropriate level of charge that could be sustained for development schemes
within Bexley, without stifling development potential. Consideration was given
to variations in land values across the Borough; and for a varying level of affordable
homes to be provided. The SPD has been prepared with contributions set at a minimum
level that will be reviewed when the SPD and annexes are reviewed.
Bexley’s Planning Obligations Guidance SPD includes formulas for calculating
the value of various types of obligation that may be required, depending on the
type and size of any proposed development.
The supporting documents available on the left of this page include a Calculator.
This enables potential applicants to calculate on-line the levels of planning
obligations they will be expected to make, simply by entering basic details about
the proposed development.
In all cases, it will be open to an applicant to propose reduced contributions
on the basis of financial viability. In such cases, the applicant will need to
submit a full financial appraisal to the Council with the planning application.
If the applicant and the Council cannot agree the value of planning obligations,
an independent expert (with at least ten years’ relevant experience) may
be appointed to facilitate or contribute to the negotiation process. The applicant
will be required to meet the reasonable costs associated with the use of an independent
expert. Further advice on professional and legal fees, and fees to contribute
towards the cost of monitoring planning obligations can be found in Annex H of
the Guidance.
Return to top of page
How the Guidance Was Developed
Before preparing its draft Planning Obligations Guidance the Council consulted
various service providers, including Bexley Care Trust for health provision.
The Council then consulted publicly on the draft Guidance and supporting documents
in April-May 2008. Further information about the public consultation on the draft
Guidance is available here.
The adopted version of the Guidance and supporting documents take into account
comments made during consultation. The Consultation Statement is available as
one of the supporting documents on the left of this page.
The Guidance reflects Government guidance; the Mayor of London’s Spatial
Development Strategy, the London
Plan (February 2008); policies saved in Bexley’s Unitary Development
Plan; and Bexley’s Local Development Framework.
Return to top of page
|
