Your approach to the on-going use of S106 and S278 impacts on: Viability evidence, Infrastructure evidence and the Regulation 123 list - so it's very important!
What you need to know: Implementation is technically more complicated than developing a charging schedule; the 2014 regulations have introduced some useful amendments;
a number of policies are discretionary and require a decision to ‘turn on’ and there is little in the regulations regarding how to spend CIL.
When setting CIL rates it is important to understand CIL in context. You are required to consider your infrastructure funding requirements and what contribution CIL will make. Whilst CIL is an important source of funding for infrastructure, it is just one of many funding mechanisms.
Approaching decisions on minerals and waste applications (May 2014) PAS_Team
We've prepared a presentation on Planning for Minerals and Waste with the NPPF. It's quite long, please take the bits that you think are most appropriate. - See more at: http://www.pas.gov.uk/web/pas1/councillors-page/-/journal_content/56/332612/15306/ARTICLE#sthash.i34RUFsl.dpuf
What you need to know: Implementation is technically more complicated than developing a charging schedule; the 2014 regulations have introduced some useful amendments;
a number of policies are discretionary and require a decision to ‘turn on’ and there is little in the regulations regarding how to spend CIL.
When setting CIL rates it is important to understand CIL in context. You are required to consider your infrastructure funding requirements and what contribution CIL will make. Whilst CIL is an important source of funding for infrastructure, it is just one of many funding mechanisms.
Approaching decisions on minerals and waste applications (May 2014) PAS_Team
We've prepared a presentation on Planning for Minerals and Waste with the NPPF. It's quite long, please take the bits that you think are most appropriate. - See more at: http://www.pas.gov.uk/web/pas1/councillors-page/-/journal_content/56/332612/15306/ARTICLE#sthash.i34RUFsl.dpuf
Developer Payments- Community Infrastructure Levy, S106 agreements and Viabil...PAS_Team
With less than a year until local authorities will be unable to pool (five or more) s106 obligations for a single project or scheme there is an immediacy for many to get a CIL in place. This presentation will help you to understand the relevance of viability and it will help you to understand the role for the Community Infrastructure Levy and other developer payments.
Developer Payments Community Infrastructure Levy & ViabilityPAS_Team
These seminars are particularly designed for councillors (in England) but officers who wish an overview of developer payments in light of a significant legislation and guidance changes over the last few years should find it beneficial. - See more at: http://www.pas.gov.uk/events/-/journal_content/56/332612/6555744/ARTICLE#sthash.NIWWOLkl.dpuf
Infrastructure Levy Technical Consultation (Workshop 2 Spending the levy and ...PAS_Team
Infrastructure Levy Technical Consultation (Workshop 2 Spending the levy and delivering infrastructure) - A copy of the presentation given by DLUHC at a PAS workshop
Community infrastructure levy – where are we now?
Katherine Hall
Public sector equality duty (PSED)
Anja Beriro
Publishing compliance data on payment of invoices
Alex Kynoch
Overage clauses and drafting issues
Kasra Powles
Jim Proce - 2018 Capital Improvement Planning Process CPM ClassJim Proce
Jim Proce, adjunct instructor, for the Certified Public Manager Program at Texas State University (NCTCOG-Arlington TX) brings this real-life module to the classroom workshop setting. With a little help from Jim Nichols, PE, ICMA-CM, the content covers CIP back-hoes to budgets and everything in between. This has been presented in several venues, agencies, and professional associations and serves as a primer and checklist for all things CIP. For more information contact jimproce@gmail.com
A presentation conducted by Yuan Deng, Associate, SGS Economics and Planning.
Presented on Wednesday the 2nd of October 2013.
Cost Benefit Analysis (CBA) has played a critical role in public policy for more than 50 years. CBA goes beyond financial analysis which considers direct monetary costs and revenues. It enables policymakers to assess whether a policy initiative or project will provide a net community
benefit, taking into account that the (limited) resources deployed in implementing the initiative or project have alternative productive uses. Correctly applied, CBA is a rigorous technique for evaluating projects competing for limited public sector resources. However, it does have its limitations and failings. To overcome the systemic failings, advanced CBA needs to be capable of tracking the long term and ‘second round’ benefits of major transport projects and better quantifying ‘intangibles’ that are fundamental to architectural and cultural building projects.
There is a need for improved consistency across practitioners, through peer review and the publication of peer-endorsed methodologies for CBA.
Suggestions to enhance infrastructure innovationBob Prieto
Over the last many weeks I have been doing some work around innovation especially as it relates to the infrastructure market and the engineering and construction industry. The list below represents some of the suggestions I might make to enhance infrastructure innovation.
So you want to apply for the Planning Skills Delivery Fund PAS Events August ...PAS_Team
So you want to apply for the Planning Skills Delivery Fund?
The Planning Skills Delivery Fund (PSDF) will provide £24 million over two years to local authorities to help with clearing backlogs of planning applications and prepare for the implementation of proposed planning reform. It's part of a wider programme of work designed to address the capability and capacity of planning services. Local planning authorities can apply for funding for up to £100,000, which can be used to hire additional planning officers and other specialist resources.
Planning Advisory Service recently held two events to help councils think about whether to apply and if they needed to find time over the Summer to make an application. Here is the presentation with all you need to know about the fund.
Presentation from Dan Knowles, Planning Policy Officer at Guildford Borough Council on their approach to adopted 20% biodiversity net gain in their Local Plan
PAS Natural England Biodiversity Net Gain update 18_04_23PAS_Team
Nick White, Principal Adviser - Net Gain from Natural England provided an update on the latest on Biodiversity Net Gain to an audience of over 500 on 18 April 2023.
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
3.0 Project 2_ Developing My Brand Identity Kit.pptxtanyjahb
A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
Improving profitability for small businessBen Wann
In this comprehensive presentation, we will explore strategies and practical tips for enhancing profitability in small businesses. Tailored to meet the unique challenges faced by small enterprises, this session covers various aspects that directly impact the bottom line. Attendees will learn how to optimize operational efficiency, manage expenses, and increase revenue through innovative marketing and customer engagement techniques.
What is the TDS Return Filing Due Date for FY 2024-25.pdfseoforlegalpillers
It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
Accpac to QuickBooks Conversion Navigating the Transition with Online Account...PaulBryant58
This article provides a comprehensive guide on how to
effectively manage the convert Accpac to QuickBooks , with a particular focus on utilizing online accounting services to streamline the process.
Premium MEAN Stack Development Solutions for Modern BusinessesSynapseIndia
Stay ahead of the curve with our premium MEAN Stack Development Solutions. Our expert developers utilize MongoDB, Express.js, AngularJS, and Node.js to create modern and responsive web applications. Trust us for cutting-edge solutions that drive your business growth and success.
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Unveiling the Secrets How Does Generative AI Work.pdfSam H
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
Explore our most comprehensive guide on lookback analysis at SafePaaS, covering access governance and how it can transform modern ERP audits. Browse now!
As a business owner in Delaware, staying on top of your tax obligations is paramount, especially with the annual deadline for Delaware Franchise Tax looming on March 1. One such obligation is the annual Delaware Franchise Tax, which serves as a crucial requirement for maintaining your company’s legal standing within the state. While the prospect of handling tax matters may seem daunting, rest assured that the process can be straightforward with the right guidance. In this comprehensive guide, we’ll walk you through the steps of filing your Delaware Franchise Tax and provide insights to help you navigate the process effectively.
Attending a job Interview for B1 and B2 Englsih learnersErika906060
It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
India Orthopedic Devices Market: Unlocking Growth Secrets, Trends and Develop...Kumar Satyam
According to TechSci Research report, “India Orthopedic Devices Market -Industry Size, Share, Trends, Competition Forecast & Opportunities, 2030”, the India Orthopedic Devices Market stood at USD 1,280.54 Million in 2024 and is anticipated to grow with a CAGR of 7.84% in the forecast period, 2026-2030F. The India Orthopedic Devices Market is being driven by several factors. The most prominent ones include an increase in the elderly population, who are more prone to orthopedic conditions such as osteoporosis and arthritis. Moreover, the rise in sports injuries and road accidents are also contributing to the demand for orthopedic devices. Advances in technology and the introduction of innovative implants and prosthetics have further propelled the market growth. Additionally, government initiatives aimed at improving healthcare infrastructure and the increasing prevalence of lifestyle diseases have led to an upward trend in orthopedic surgeries, thereby fueling the market demand for these devices.
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Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
www.seribangash.com
Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
2. Contents
• Why is it important?
• The regulations and what it means for you
• When to use each tool – decision tree
• Golden thread
• Developing an approach
• vacancy test
• CIL spending
3. Why is it important?
• Your approach to the on-going use of S106 and S278
impacts on:
– Viability evidence
– Infrastructure evidence
– Regulation 123 list
So pretty much everything required to pass a successful CIL
examination!
4. Regulation 122 Regulation 123
Timing From April 2010 From adoption of charging schedule
or 6th April 2015 whichever is earlier
Impact Introduction of three legal
tests
(a)Necessary to make the
development acceptable in
planning terms;
(b)Directly related to the
development ;and
(c)Fairly and reasonably
related in scale and kind to
the development.
Granting planning permission cannot
be dependent on a S106 or S278 for
infrastructure on reg 123 list
Cannot pool from more than five
separate S106 planning obligations
Limitations on pooling for
infrastructure begins from 6th April
2010
No limitation on pooling for S278
agreements
The regulations?
5. What does this mean for you?
• From April 2015 you will only be able to pool S106 on a very
limited basis
• If a CIL is not in place your council is at risk of significantly
reducing income from developer contributions
6. Decision tree
Is the infrastructure item/ type in the IDP Other Source
Will it be delivered on a strategic site?
S106 on-site
mitigation
or
CIL in-kind
yes
Does the site alone generate the need for
the infrastructure?
Does the facility need to be delivered on
that site?
no
yes
Does the Council need to pool
contributions from more than five
developments to pay for the
infrastructure?
no
no
CIL
yes
(general funding)
yes
yes
no
yes
Is it CIL eligible
Is there likely to be a funding shortfall
that requires developer contributions?
no
Is it a normal
development cost
no
yes
no
Whether to use CIL in-kind or s106 is
a matter of preference
Developer pays
Other sources may include grants,
enterprise zone, LEP funds, New
Homes Bonus.
7. If you understand which
mechanism you will use to
deliver infrastructure on each of
your sites you can generate a
regulation 123 list.
Relevant Plan
Infrastructure
Evidence
CIL
Infrastructure
Evidence
Funding Gap Project List
Regulation
123 List
123 golden thread
8. Developing an approach
To do this will require you to:
• Review existing planning permissions, S106/S278 agreements
• Have discussion with development management colleagues
• Have discussion with developers (particularly for strategic sites)
• Have discussions with County (two-tier authorities)
• Consider how you can use the new infrastructure in lieu and phased
payment provisions
10. Examples - Wycombe
Have created suite of documents to support reg 123 list:
– CIL and planning obligations funding decision protocol – Sets out
process and protocol for allocating CIL funding
– CIL spending programme – Sets out projects set to receive CIL in this
financial year
– Section 106 developer contributions spending programme – Sets out
amounts and project allocations over two year period
– CIL funding available – Sets our indicative amounts and infrastructure
type allocations for next financial year
11. Examples - Shropshire
• Highly detailed reg 123 list listing individual projects
• 18 place plans that prioritise the infrastructure needs at a
local level
This this part of the seminar series we will cover how to work s106 and CIL together.
The new Regulations have adjusted how Council’s need to plan for, and implement, the use of CIL alongside s106. This impacts on:
Viability evidence
Infrastructure evidence
Regulation 123 list
As a reminder, s106 Planning Obligation are Planning obligations secured pursuant to Section 106 of the Town and Country Planning Act 1990 are entered into as legal agreements between local planning authorities, landowners, developers and potentially other affected third parties. They can impose financial and non-financial obligations on a person or persons with an interest in the land and become binding on that parcel of land. Planning obligations are used to make acceptable development which would otherwise be unacceptable in planning.
A 278 agreement (of the Highways Act 2980) is:
an agreement between the Council and developer which describes proposed modifications to the existing highway network to facilitate or service a proposed development
typically the scope of any off site works that are required to mitigate the impact of the development on the existing road network.
Examples of works covered by this type of agreement could include:
roundabouts,
signalised junctions,
right turn lanes,
safety related works such as traffic calming,
street lighting,
improved facilities for pedestrians and cyclist
Regulation 122 changes the use of planning obligations, introducing the three test. This has not changed with the new regulations.
Regulation 123 has been adjusted to encompass agreements under section 278 of the highways act. In summary it states that:
Granting planning permission cannot be dependent on a S106 or S278 for infrastructure on Reg 123 list
Authorities cannot pool from more than five separate S106 planning obligations
Limitations on pooling for infrastructure begins from all obligations collected since 6th April 2010
There are no limitation on pooling for S278 agreements
There is much discussion about the definition of a planning obligation with respect to the pooling restrictions. For example, if an authority has already entered into more than 5 obligations for education, can it then enter into another obligation for a specific school? CLG clarified their view earlier in the session that this was within the rules and that the regulations were designed to shop double changing rather than restrict a council’s ability to deliver the infrastructure that is needed.
The most important thing to take away from this session is that after 1s April 2015, you will not be able to have a planning obligation as a reason for granting / refusing planning permission where you have already pooled 5 or more of the same obligation.
Looking at the practicalities the regulations require you to consider when you will use s106 and CIL in the future.
Some authorities have found it helpful to develop a decision tree as a planning tool. This is not something they use to assess planning applications but rather they use it during the CIL evidence gathering process.
Running through a methodical process allows local authorities to considered what s106 requirements may remain, which will inform:
Viability evidence assumptions, especially for strategic sites
Analysis of CIL income against income from other sources, include s106
One of the changes in the regulations / CIL guidance is the greater emphasis on ensuring items on your Reg 123 list reflect your local infrastructure plan.
So, there are a number of steps you will need to take to plan for CIL implementation, with respect to s106.
Review existing planning permissions, S106/S278 agreements to see if you have exceeded the pooling limits.
Have discussions with development management colleagues explore how s106 currently operates and how it could be used in the future (post CIL adoption)
Have discussions with developers to explore how s106 could be used in the future, particularly for strategic sites that may have significant on-site infrastructure requirements
Have discussions with County (two-tier authorities) discuss how s106 could be used in the future. This will be vital for education and infrastructure provision where the practice has been to pool s106
Consider how you can use the new infrastructure in lieu and phased payment provisions