Developer Payments- Community Infrastructure Levy, S106 agreements and Viabil...PAS_Team
This document provides an overview and discussion of developer contributions through the Community Infrastructure Levy (CIL) and Section 106 planning obligations. It discusses when viability assessments should be considered, the basic elements of viability assessments, and tests for Section 106 obligations. It also addresses timing regulations for Section 106 and CIL, delivery and viability of development, renegotiation of Section 106 agreements, and appeals. Key points discussed include setting CIL rates, why local authorities should implement CIL, and the potential economic effects of CIL.
Getting to Grips with the New Technical Standards for HousingPAS_Team
This document summarizes a presentation about the new technical housing standards in the UK. It discusses the Housing Standards Review panel that provided input during the review process. The presentation outlines some of the key principles of the panel, including that regulation should only be used where there is a clear policy need and market failure. It also notes some progress made so far in rationalizing standards, as well as some outstanding issues. The implications for local planning authorities are discussed, including expectations for local plans regarding optional technical standards. Lastly, it provides an overview of the planning toolkit available and some dangers of over-prescribing standards.
The document summarizes the new optional technical housing standards for planning authorities in England, which aim to simplify existing standards. It outlines that local authorities now have the option to require higher accessibility standards (M4 categories 1-3) and water efficiency standards through their local plans. It also introduces a new nationally described space standard that can be applied as a planning requirement. Local authorities are advised to gather evidence on local need and viability when considering adopting any of these optional standards in their plans or as planning conditions.
This document discusses setting rates for the Community Infrastructure Levy (CIL), which can provide only a small portion of infrastructure funding. It recommends developing an initial hypothesis for a charging schedule with differential rates across uses and areas. While a single rate is simplest, differential rates can optimize income. The document suggests holding a workshop involving viability advisors and developers to discuss formats, consider viability impacts of different rates, and link rates to projected CIL income to reach an optimal solution. Directing viability work with local knowledge and involving developers are also emphasized.
Allerdale Borough Council Local Authority Experience – The Cockermouth Neighb...PAS_Team
The document summarizes the Cockermouth Neighbourhood Development Order in Cumbria, England. It describes four parts of the order: 1) Allowing commercial properties in Market Place to become restaurants, cafes, and bars and use public areas for outdoor seating. 2) Allowing upper floors of shops and offices to be converted into flats. 3) Allowing replacement of shopfronts with design guidelines. 4) Allowing replacement of windows and doors on houses in the conservation area with design guidelines. It then outlines the multi-year process of drafting, consulting on, examining, and approving the order through referendum, which passed with 60.7% support despite a low 19.3% turnout. Key lessons learned
Robin Campbell & Paul Davies - Planning for Sustainable DrainagePAS_Team
- Sustainable drainage (SuDS) aims to effectively drain sites while minimizing impacts on the environment and providing amenities. It involves preventing pollution and managing water at or near the surface through techniques like source control and infiltration.
- New policies take effect in April 2015 requiring major developments to use SuDS unless inappropriate. Local authorities must ensure arrangements are in place for long-term maintenance.
- The West of England partnership is working to promote SuDS, providing guidance, case studies and training to help stakeholders implement best practices and overcome barriers like maintenance issues.
Developer Payments- Community Infrastructure Levy, S106 agreements and Viabil...PAS_Team
This document provides an overview and discussion of developer contributions through the Community Infrastructure Levy (CIL) and Section 106 planning obligations. It discusses when viability assessments should be considered, the basic elements of viability assessments, and tests for Section 106 obligations. It also addresses timing regulations for Section 106 and CIL, delivery and viability of development, renegotiation of Section 106 agreements, and appeals. Key points discussed include setting CIL rates, why local authorities should implement CIL, and the potential economic effects of CIL.
Getting to Grips with the New Technical Standards for HousingPAS_Team
This document summarizes a presentation about the new technical housing standards in the UK. It discusses the Housing Standards Review panel that provided input during the review process. The presentation outlines some of the key principles of the panel, including that regulation should only be used where there is a clear policy need and market failure. It also notes some progress made so far in rationalizing standards, as well as some outstanding issues. The implications for local planning authorities are discussed, including expectations for local plans regarding optional technical standards. Lastly, it provides an overview of the planning toolkit available and some dangers of over-prescribing standards.
The document summarizes the new optional technical housing standards for planning authorities in England, which aim to simplify existing standards. It outlines that local authorities now have the option to require higher accessibility standards (M4 categories 1-3) and water efficiency standards through their local plans. It also introduces a new nationally described space standard that can be applied as a planning requirement. Local authorities are advised to gather evidence on local need and viability when considering adopting any of these optional standards in their plans or as planning conditions.
This document discusses setting rates for the Community Infrastructure Levy (CIL), which can provide only a small portion of infrastructure funding. It recommends developing an initial hypothesis for a charging schedule with differential rates across uses and areas. While a single rate is simplest, differential rates can optimize income. The document suggests holding a workshop involving viability advisors and developers to discuss formats, consider viability impacts of different rates, and link rates to projected CIL income to reach an optimal solution. Directing viability work with local knowledge and involving developers are also emphasized.
Allerdale Borough Council Local Authority Experience – The Cockermouth Neighb...PAS_Team
The document summarizes the Cockermouth Neighbourhood Development Order in Cumbria, England. It describes four parts of the order: 1) Allowing commercial properties in Market Place to become restaurants, cafes, and bars and use public areas for outdoor seating. 2) Allowing upper floors of shops and offices to be converted into flats. 3) Allowing replacement of shopfronts with design guidelines. 4) Allowing replacement of windows and doors on houses in the conservation area with design guidelines. It then outlines the multi-year process of drafting, consulting on, examining, and approving the order through referendum, which passed with 60.7% support despite a low 19.3% turnout. Key lessons learned
Robin Campbell & Paul Davies - Planning for Sustainable DrainagePAS_Team
- Sustainable drainage (SuDS) aims to effectively drain sites while minimizing impacts on the environment and providing amenities. It involves preventing pollution and managing water at or near the surface through techniques like source control and infiltration.
- New policies take effect in April 2015 requiring major developments to use SuDS unless inappropriate. Local authorities must ensure arrangements are in place for long-term maintenance.
- The West of England partnership is working to promote SuDS, providing guidance, case studies and training to help stakeholders implement best practices and overcome barriers like maintenance issues.
This document provides context and guidance around developer contributions in the UK, specifically regarding Section 106 (s106) obligations. It discusses that s106 obligations must meet legal tests of being necessary, directly related to, and fairly and reasonably scaled to the proposed development. It also notes policies in the National Planning Policy Framework regarding viability and flexibility. The document gives overview of procedures for renegotiating or appealing existing s106 agreements and exceptions. It briefly mentions the Community Infrastructure Levy and highway agreements under section 278 as other relevant mechanisms.
This document discusses the pros and cons of two approaches to funding infrastructure from new developments: Section 106 planning obligations and the Community Infrastructure Levy (CIL). While S106 can slow down the planning process and lacks transparency, CIL provides a fairer, faster, and more certain system through a fixed levy per square meter of new development. The document also notes that over 100 local authorities in the UK have adopted CIL and reviews its effectiveness, including exempting 'starter homes' from CIL charges.
Section 106 is a mechanism used to secure planning obligations from developers. This document discusses recent changes that aim to incentivize housing development by reducing affordable housing obligations. It provides an overview of the basics of Section 106, issues around regulations 122 and 123, and examples of implementing Section 106 agreements on large development sites. While its role may be reduced, Section 106 still has value for securing on-site obligations and flexibility on large complex sites.
Section 106 agreements are used to make development acceptable through planning obligations related to the development. Updates to Section 106 guidance aim to speed up negotiations through earlier engagement, standardized agreements, and potential dispute resolution. The Government also announced changes reducing affordable housing obligations for small sites and introducing vacant building credit to incentivize brownfield development. Future plans include introducing a dispute resolution mechanism for Section 106 to further speed up negotiations.
Darren WIlding, DCLG - Section 106: What they are and where we arePAS_Team
Section 106 of the Town and Country Planning Act 1990 allows local authorities to require developers to provide contributions related to a development through legal agreements. Recent changes to policy have raised thresholds for when such contributions can be required from certain small sites. Looking ahead, reforms are planned to speed up the section 106 process through faster negotiations, improved transparency and revised guidance.
- The presentation discussed challenges with large development sites and Section 106 agreements. It focused on infrastructure needs, multiple landowners, long timescales, and engaging other organizations.
- Effective strategies include starting early, collaborating, ensuring robust evidence, finding flexible solutions, and using review mechanisms in Section 106 agreements to adapt to changing market conditions.
- Tools like development frameworks, infrastructure delivery plans, and phased approaches can help plan and deliver infrastructure over multiple phases of large sites.
This document discusses issues related to Section 106 agreements and approaches to addressing them. It covers policy context, community infrastructure levy (CIL), financial viability assessments, common clause types in S106 agreements, and post-CIL options. Case studies from local authorities demonstrate how they have implemented CIL and handled viability and affordable housing requirements. Managing obligations over the long term through enforcement protocols and maintenance arrangements is also addressed.
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.
Gilian Macinnes, PAS: S106 – Where we are - current contextPAS_Team
This document summarizes current policies and regulations regarding Section 106 agreements in the UK. Key points include:
- S106 agreements can restrict land use/development, require certain activities, or require payments to local authorities. They are enforceable against current and future landowners.
- S106 agreements must meet legal tests of being necessary, directly related to, and fairly related in scale/kind to the proposed development.
- Local authorities are encouraged to renegotiate existing S106 agreements to ensure they still meet these tests and address changes in market conditions/viability.
Wycombe District Council has received over £4.5 million from its Community Infrastructure Levy (CIL) since 2012, which is used to fund infrastructure projects like transport improvements, town centers, education, and public realm spaces. CIL provides relatively simple and certain funding compared to section 106 agreements. Funds are allocated every 3 years and spent according to the Infrastructure Delivery Plan and approved strategies. Challenges include balancing developer certainty with flexibility for strategic site requirements.
CIL: Project planning and infrastructure with notesPAS_Team
This document provides guidance on implementing a Community Infrastructure Levy (CIL). It discusses establishing objectives, timelines and budgets, selling CIL to stakeholders, assembling a project team, developing a model program, consultation strategies, risks, and lessons learned from infrastructure planning. Key steps include justifying a funding gap through evidence of total infrastructure costs and other funding sources, and aligning the CIL infrastructure needs with the adopted development plan.
Phillipa Silcock, PAS - Using and discharging conditionsPAS_Team
This document discusses planning conditions and provides guidance on their appropriate use. It covers:
- When local planning authorities should consider conditions to make unacceptable development acceptable. Conditions should only be used when planning obligations cannot address impacts.
- The six tests that conditions must meet to be imposed: necessary, relevant to planning, relevant to the permitted development, enforceable, precise, and reasonable.
- Additional guidance on applying conditions appropriately and the costs associated with approving details applications in response to conditions.
- Provisions for deemed consent if authorities fail to decide on condition details within a set time period, with exemptions for certain types of conditions.
- Suggested principles for stakeholders to follow to reduce delays from
The document discusses preparations for the Community Infrastructure Levy (CIL) in Surrey County Council. It provides details on the progress of CIL adoption and charging across different districts in Surrey. It also describes some of the governance arrangements put in place in Elmbridge and being considered in Woking to manage CIL funds and ensure infrastructure is delivered. Specifically, it outlines a strategic spending board and settlement-specific boards to allocate CIL monies in Elmbridge. The document concludes with details about the Horley Masterplan development and plans to use CIL and section 106 agreements to help fund required infrastructure.
Preston Implementing CIL Jan 2016 – Mike MPAS_Team
This document summarizes Mike Molyneux's presentation on implementing the Community Infrastructure Levy (CIL) at Preston City Council. Some key points:
- Preston, South Ribble, and Chorley Councils have a joint CIL charging schedule and infrastructure delivery plan to fund projects through the City Deal agreement.
- CIL was implemented in Preston in September 2013 and applies different residential and retail rates. Lead time is needed when implementing CIL to inform developers and determine which applications it will affect.
- Common questions from developers relate to applicability to specific development types. Involving multiple teams is needed for collection, accounting, and spending CIL funds.
- The council has dealt
Evershed CIL legal update Jan 2016- Paul McLeanPAS_Team
The document provides an overview of the Community Infrastructure Levy (CIL) and recent changes affecting its implementation and the use of Section 106 agreements. CIL is a mechanism for developer contributions intended to fund infrastructure to support development. Recent regulations have limited the pooling of Section 106 contributions and emphasized the primary use of CIL over Section 106 except for site-specific mitigation. Case law updates examined issues around evidence requirements regarding pooling restrictions and the definition of infrastructure projects.
Laura McCulloch, Strategic Manager – Planning Hampshire County Council: The C...PAS_Team
The document discusses Hampshire County Council's experience with the Community Infrastructure Levy (CIL) across local authorities in Hampshire. It provides an overview of where each local authority is in implementing CIL and how the County Council is engaging with districts on CIL. This includes providing resources for infrastructure planning, working in partnerships through groups, and participating in CIL project boards. The document also discusses governance arrangements for transferring CIL funds between authorities and the likely impact of CIL on infrastructure funding in Hampshire.
Burgess Farm, Salford - A 350 home development on greenfield land was allowed despite permanent loss of open countryside. The Secretary of State considered it outweighed the significant shortfall in housing land supply.
Clay Farm, Cambridge - A proposed 2,300 home development. The Secretary of State agreed affordable housing levels should not protect historic land values and insulating developers against risk, which would be at the expense of affordable homes.
Oxenholme Road, Kendal - A proposed 148 home development. The inspector accepted the appellant's evidence that the council's proposed benchmark land value of £400,000 per acre for viability would be uncompetitive and could affect mortgage availability. The inspector concluded 35% affordable
The document summarizes the Housing Standards Review which aimed to streamline and simplify housing standards in the UK. Key changes include making access standards, water efficiency standards, and space standards optional for local authorities through building regulations or planning policies. A new mandatory security standard was also added to building regulations. The Code for Sustainable Homes was ended and energy efficiency should now be addressed through building regulations. Transition periods and implementation guidance are provided for local authorities and building control bodies.
Housing Standards Review: Building Regulations PerspectivePAS_Team
This document provides information about the Housing Standards Review and optional requirements that can be applied by planning authorities. Key points:
- The review aims to standardize housing requirements nationally and remove local variation. It leaves Part L (energy efficiency) and allows optional standards for accessibility and water efficiency.
- Optional requirements relate to Part G (water efficiency) and Part M (accessibility). Part M has three categories with increasing accessibility. Planning can require categories 2 and 3 through conditions.
- Meeting the optional requirements, especially category 3, has major implications for design such as larger room and circulation sizes, step-free access, and wheelchair storage. Not considering these could result in non-compliant schemes.
-
PAS - calculating the cost of pre-application servicesPAS_Team
The document discusses calculating costs for pre-application advice in planning. It notes that costing this service requires considering multiple stakeholders and cannot be treated as a purely technical exercise. It then outlines factors to consider like understanding staff costs, determining a productive hourly rate, recovering costs through standard or phased charges, estimating charges based on hours needed, and introducing a schedule with monitoring and capacity management. The document advises supporting staff, negotiating freedom from corporate policies, making pre-application advice a corporate decision, and ensuring any fees have a win-win approach for both the council and customers.
This document provides context and guidance around developer contributions in the UK, specifically regarding Section 106 (s106) obligations. It discusses that s106 obligations must meet legal tests of being necessary, directly related to, and fairly and reasonably scaled to the proposed development. It also notes policies in the National Planning Policy Framework regarding viability and flexibility. The document gives overview of procedures for renegotiating or appealing existing s106 agreements and exceptions. It briefly mentions the Community Infrastructure Levy and highway agreements under section 278 as other relevant mechanisms.
This document discusses the pros and cons of two approaches to funding infrastructure from new developments: Section 106 planning obligations and the Community Infrastructure Levy (CIL). While S106 can slow down the planning process and lacks transparency, CIL provides a fairer, faster, and more certain system through a fixed levy per square meter of new development. The document also notes that over 100 local authorities in the UK have adopted CIL and reviews its effectiveness, including exempting 'starter homes' from CIL charges.
Section 106 is a mechanism used to secure planning obligations from developers. This document discusses recent changes that aim to incentivize housing development by reducing affordable housing obligations. It provides an overview of the basics of Section 106, issues around regulations 122 and 123, and examples of implementing Section 106 agreements on large development sites. While its role may be reduced, Section 106 still has value for securing on-site obligations and flexibility on large complex sites.
Section 106 agreements are used to make development acceptable through planning obligations related to the development. Updates to Section 106 guidance aim to speed up negotiations through earlier engagement, standardized agreements, and potential dispute resolution. The Government also announced changes reducing affordable housing obligations for small sites and introducing vacant building credit to incentivize brownfield development. Future plans include introducing a dispute resolution mechanism for Section 106 to further speed up negotiations.
Darren WIlding, DCLG - Section 106: What they are and where we arePAS_Team
Section 106 of the Town and Country Planning Act 1990 allows local authorities to require developers to provide contributions related to a development through legal agreements. Recent changes to policy have raised thresholds for when such contributions can be required from certain small sites. Looking ahead, reforms are planned to speed up the section 106 process through faster negotiations, improved transparency and revised guidance.
- The presentation discussed challenges with large development sites and Section 106 agreements. It focused on infrastructure needs, multiple landowners, long timescales, and engaging other organizations.
- Effective strategies include starting early, collaborating, ensuring robust evidence, finding flexible solutions, and using review mechanisms in Section 106 agreements to adapt to changing market conditions.
- Tools like development frameworks, infrastructure delivery plans, and phased approaches can help plan and deliver infrastructure over multiple phases of large sites.
This document discusses issues related to Section 106 agreements and approaches to addressing them. It covers policy context, community infrastructure levy (CIL), financial viability assessments, common clause types in S106 agreements, and post-CIL options. Case studies from local authorities demonstrate how they have implemented CIL and handled viability and affordable housing requirements. Managing obligations over the long term through enforcement protocols and maintenance arrangements is also addressed.
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.
Gilian Macinnes, PAS: S106 – Where we are - current contextPAS_Team
This document summarizes current policies and regulations regarding Section 106 agreements in the UK. Key points include:
- S106 agreements can restrict land use/development, require certain activities, or require payments to local authorities. They are enforceable against current and future landowners.
- S106 agreements must meet legal tests of being necessary, directly related to, and fairly related in scale/kind to the proposed development.
- Local authorities are encouraged to renegotiate existing S106 agreements to ensure they still meet these tests and address changes in market conditions/viability.
Wycombe District Council has received over £4.5 million from its Community Infrastructure Levy (CIL) since 2012, which is used to fund infrastructure projects like transport improvements, town centers, education, and public realm spaces. CIL provides relatively simple and certain funding compared to section 106 agreements. Funds are allocated every 3 years and spent according to the Infrastructure Delivery Plan and approved strategies. Challenges include balancing developer certainty with flexibility for strategic site requirements.
CIL: Project planning and infrastructure with notesPAS_Team
This document provides guidance on implementing a Community Infrastructure Levy (CIL). It discusses establishing objectives, timelines and budgets, selling CIL to stakeholders, assembling a project team, developing a model program, consultation strategies, risks, and lessons learned from infrastructure planning. Key steps include justifying a funding gap through evidence of total infrastructure costs and other funding sources, and aligning the CIL infrastructure needs with the adopted development plan.
Phillipa Silcock, PAS - Using and discharging conditionsPAS_Team
This document discusses planning conditions and provides guidance on their appropriate use. It covers:
- When local planning authorities should consider conditions to make unacceptable development acceptable. Conditions should only be used when planning obligations cannot address impacts.
- The six tests that conditions must meet to be imposed: necessary, relevant to planning, relevant to the permitted development, enforceable, precise, and reasonable.
- Additional guidance on applying conditions appropriately and the costs associated with approving details applications in response to conditions.
- Provisions for deemed consent if authorities fail to decide on condition details within a set time period, with exemptions for certain types of conditions.
- Suggested principles for stakeholders to follow to reduce delays from
The document discusses preparations for the Community Infrastructure Levy (CIL) in Surrey County Council. It provides details on the progress of CIL adoption and charging across different districts in Surrey. It also describes some of the governance arrangements put in place in Elmbridge and being considered in Woking to manage CIL funds and ensure infrastructure is delivered. Specifically, it outlines a strategic spending board and settlement-specific boards to allocate CIL monies in Elmbridge. The document concludes with details about the Horley Masterplan development and plans to use CIL and section 106 agreements to help fund required infrastructure.
Preston Implementing CIL Jan 2016 – Mike MPAS_Team
This document summarizes Mike Molyneux's presentation on implementing the Community Infrastructure Levy (CIL) at Preston City Council. Some key points:
- Preston, South Ribble, and Chorley Councils have a joint CIL charging schedule and infrastructure delivery plan to fund projects through the City Deal agreement.
- CIL was implemented in Preston in September 2013 and applies different residential and retail rates. Lead time is needed when implementing CIL to inform developers and determine which applications it will affect.
- Common questions from developers relate to applicability to specific development types. Involving multiple teams is needed for collection, accounting, and spending CIL funds.
- The council has dealt
Evershed CIL legal update Jan 2016- Paul McLeanPAS_Team
The document provides an overview of the Community Infrastructure Levy (CIL) and recent changes affecting its implementation and the use of Section 106 agreements. CIL is a mechanism for developer contributions intended to fund infrastructure to support development. Recent regulations have limited the pooling of Section 106 contributions and emphasized the primary use of CIL over Section 106 except for site-specific mitigation. Case law updates examined issues around evidence requirements regarding pooling restrictions and the definition of infrastructure projects.
Laura McCulloch, Strategic Manager – Planning Hampshire County Council: The C...PAS_Team
The document discusses Hampshire County Council's experience with the Community Infrastructure Levy (CIL) across local authorities in Hampshire. It provides an overview of where each local authority is in implementing CIL and how the County Council is engaging with districts on CIL. This includes providing resources for infrastructure planning, working in partnerships through groups, and participating in CIL project boards. The document also discusses governance arrangements for transferring CIL funds between authorities and the likely impact of CIL on infrastructure funding in Hampshire.
Burgess Farm, Salford - A 350 home development on greenfield land was allowed despite permanent loss of open countryside. The Secretary of State considered it outweighed the significant shortfall in housing land supply.
Clay Farm, Cambridge - A proposed 2,300 home development. The Secretary of State agreed affordable housing levels should not protect historic land values and insulating developers against risk, which would be at the expense of affordable homes.
Oxenholme Road, Kendal - A proposed 148 home development. The inspector accepted the appellant's evidence that the council's proposed benchmark land value of £400,000 per acre for viability would be uncompetitive and could affect mortgage availability. The inspector concluded 35% affordable
The document summarizes the Housing Standards Review which aimed to streamline and simplify housing standards in the UK. Key changes include making access standards, water efficiency standards, and space standards optional for local authorities through building regulations or planning policies. A new mandatory security standard was also added to building regulations. The Code for Sustainable Homes was ended and energy efficiency should now be addressed through building regulations. Transition periods and implementation guidance are provided for local authorities and building control bodies.
Housing Standards Review: Building Regulations PerspectivePAS_Team
This document provides information about the Housing Standards Review and optional requirements that can be applied by planning authorities. Key points:
- The review aims to standardize housing requirements nationally and remove local variation. It leaves Part L (energy efficiency) and allows optional standards for accessibility and water efficiency.
- Optional requirements relate to Part G (water efficiency) and Part M (accessibility). Part M has three categories with increasing accessibility. Planning can require categories 2 and 3 through conditions.
- Meeting the optional requirements, especially category 3, has major implications for design such as larger room and circulation sizes, step-free access, and wheelchair storage. Not considering these could result in non-compliant schemes.
-
PAS - calculating the cost of pre-application servicesPAS_Team
The document discusses calculating costs for pre-application advice in planning. It notes that costing this service requires considering multiple stakeholders and cannot be treated as a purely technical exercise. It then outlines factors to consider like understanding staff costs, determining a productive hourly rate, recovering costs through standard or phased charges, estimating charges based on hours needed, and introducing a schedule with monitoring and capacity management. The document advises supporting staff, negotiating freedom from corporate policies, making pre-application advice a corporate decision, and ensuring any fees have a win-win approach for both the council and customers.
The document discusses Kirklees' approach to pre-application advice, which has shifted from a free duty officer system to a paid pre-application service. The new approach involves joint working between regeneration and development management teams on major applications, with assigned officers and written responses. Feedback indicates businesses appreciate the more collaborative approach and that the pre-application service generates income while improving development management performance.
Planning Performance Agreements use in Islington CouncilPAS_Team
This document discusses planning performance agreements (PPAs) in Islington. It provides reasons why Islington encourages the use of PPAs, including that they improve the quality of the planning process and facilitate well-informed decision making. It describes the types of planning proposals that Islington recommends using a PPA for and outlines Islington's PPA process and typical fees. The document also presents examples of successful PPAs and the results of a PPA survey, and concludes that for Islington, a PPA is beneficial as it limits a bureaucratic approach and promotes shared goals and partnerships.
Our pre application offer at Croydon CouncilPAS_Team
"How we manage to provide a comprehensive, proportionate and good value service." A presentation taken from a Planning Advisory Service (PAS) event on Pre-application.
PAS introduction to the Planning Quality FrameworkPAS_Team
The document discusses concerns about government planning performance targets potentially driving perverse behaviors in local planning authorities. It notes that research finds a focus on good practice is needed for new planning policies to be effective. Some local authorities achieve good performance metrics but are described as poor to work with by those with direct experience. The framework being developed aims to provide a more holistic and balanced assessment of planning quality by combining application data, survey feedback, and quality reviews.
Introduction and 10 commitments to Pre ApplicationPAS_Team
This document outlines an agenda and objectives for a workshop on worthwhile pre-application engagement in the planning process. The workshop aims to discuss what makes pre-application discussions valuable, share best practices, and provide guidance to improve local planning offers. The agenda covers topics like the 10 sector commitments for pre-application work, perspectives from developers and councils, calculating costs of pre-app services, and involving community members. The objectives are to think about how to create valuable early discussions and leave with ideas to strengthen local planning approaches.
Planning Performance Agreements in Camden CouncilPAS_Team
Camden encourages Planning Performance Agreements (PPAs) to improve the quality of the planning process. PPAs facilitate well-informed decision making through collaborative working, community engagement, and certainty provided by member involvement. PPAs also help Camden manage workload by providing discretionary pre-application advice paid for by applicants. Camden offers PPAs for proposals that are strategic, require assessments, or have many constraints. PPAs establish a process for meetings and engagement to achieve shared goals and limit objections and appeals. Examples show PPAs result in fewer objections and unanimous approval compared to non-PPA applications.
The document discusses challenges with Section 106 agreements for large development sites and provides strategies to address them. It notes that large sites present issues due to their scale, multiple owners, long timelines and infrastructure needs. An integrated, collaborative approach is recommended, including establishing framework agreements, infrastructure plans, and review mechanisms to provide flexibility if market conditions change. Appraisal tools can help evaluate phasing and costs over many years. The advisory team provides impartial advice to help navigate these complex planning processes for developments over 200 units.
This document outlines proposals for reforms to section 106 planning obligations and the introduction of a dispute resolution process. Key points include:
- Giving the Secretary of State power to restrict section 106 obligations on affordable housing in certain situations.
- Establishing a procedure where if section 106 terms are not agreed within a set time, any party can request appointment of a third party to help resolve outstanding issues.
- The appointed person would have a limited time to issue a report with their process, any agreed terms, and recommendations on disputes. The local authority would then have a short time to either approve based on the report or refuse the application.
- The document seeks feedback on several aspects of the proposed dispute resolution process
The document discusses challenges and strategies for planning large scale housing developments through Section 106 agreements. It provides an overview of the Advisory Team for Large Applications (ATLAS) which provides impartial advice to local authorities on developments over 200 units. Key challenges discussed include coordinating infrastructure needs, multiple landowners, and balancing requirements over long timeframes. The document outlines approaches such as defining parameters early, infrastructure delivery plans, and review mechanisms to introduce flexibility over time.
1) Implementing CIL in Sheffield took over 4 years and required extensive evidence gathering, viability studies, consultation, and examination.
2) Key lessons learned included allowing sufficient time and budget, thoroughly studying regulations, ensuring robust evidence on viability, and keeping senior officials informed.
3) CIL generates significantly more funding than Section 106 and provides a fairer, faster, and more transparent system while giving developers certainty.
This document provides an overview of Wokingham Borough Council's experience implementing the Community Infrastructure Levy (CIL). It discusses WBC's adopted CIL rates, which are among the highest in the country. It also describes how CIL and section 106 agreements are used to fund infrastructure for strategic development locations, with CIL funding major transport and education projects and S106 providing on-site infrastructure. The document outlines WBC's governance structure for overseeing infrastructure delivery and allocating CIL funds. It acknowledges some challenges implementing CIL and working with parish councils on spending the neighborhood portion of funds.
Regulation 122 and 123 of the Community Infrastructure Levy Regulations 2010 place limitations on the use of planning obligations (also called section 106 agreements) to fund infrastructure when a charging authority has adopted a CIL. The key limitations are that planning obligations must be necessary to make a development acceptable, directly related to the development, and fairly related in scale. There are also restrictions on pooling more than 5 similar obligations to fund one infrastructure project or type. The regulations have been subject to complex legal interpretation and can impact the number of developments that can be approved.
The document provides an overview and case law update on section 106 agreements under the Town and Country Planning Act 1990. It discusses key requirements and tests for section 106 obligations including formalities, Regulation 122 which limits the use of planning obligations, enforcement, and recent appeal decisions related to modifying or discharging affordable housing obligations. Some key points covered include the need for obligations to clearly meet the requirements of section 106, monitoring fees needing to be justified based on a development's complexity, and the burden being on developers to prove a scheme is not viable when seeking to modify affordable housing obligations.
This document summarizes a seminar on Section 106 agreements, which are used to mitigate the impacts of development and make it acceptable. It discusses the legal tests agreements must meet, common clauses, obligations versus conditions, affordable housing requirements, and how agreements can be changed. Key points include: S106 agreements must be necessary, related to development, and fairly scaled; they can require obligations but not fund infrastructure listed in a Community Infrastructure Levy schedule; affordable housing clauses should not prevent development; and agreements can be renegotiated after 5 years or have requirements modified if viability is challenged.
Jim Cliffe, Planning Obligations Manager, Bristol City Council - Planning Obl...PAS_Team
The document outlines Bristol City Council's approach to planning obligations over time, from an ad hoc pre-2002 system to the current system incorporating both Community Infrastructure Levy (CIL) and scaled back planning obligations. It provides guidance on developing a planning obligations policy and SPD, engaging applicants early in the process, focusing negotiations on necessary mitigations, managing Section 106 funds, enforcing agreements, and drawing down and reporting on funds collected. The goal is to have a transparent, consistent process that reduces the need for bespoke obligations now that CIL is in place.
Policy innovation in British Columbia: Energy step code, zero carbon buildings and the Passive House explosion
Tom-Pierre Frappé-Sénéclauze
@tompierrefs
Getting to Zero National Forum
Denver, Colorado
October 14, 2016
http://www.pembina.org/event/GTZ2016forum
Part L and other energy legislation - CIBSE Yorkshire PresentationCIBSE_Yorkshire
Buildings are responsible for about 46% of UK carbon emissions. Building regulations address energy efficiency but services engineers also must consider various other regulations. This presentation discusses the various regulations, including Part L of the building regulations, zero carbon buildings, the housing standards review, and European directives around energy performance, renewables, and efficiency. It aims to help attendees understand and navigate the complex regulatory landscape around building energy use and emissions.
The Mayor of London works to make London a more resilient, sustainable and resource efficient city, where businesses want to be based and where people want to live and work.
To achieve the Mayor’s vision for the environment, the GLA develops and delivers a set of results-focused programmes. These programmes also create jobs and attract investment in areas such as waste recycling, water, green infrastructure, energy and the low carbon and green economy.
RE:FIT and RE:NEW are the Mayor of London award-winning programmes to help make London homes, non-domestic buildings and assets more energy efficient by cutting carbon emissions and energy bills. These programmes support organisations to develop and bring their energy efficiency projects to market.
The Mayor’s DEPDU Successor programme – 50% funded by the European Regional Development Fund (ERDF) - is set up to support the Mayor’s target of 25 per cent of London’s energy to be generated through Decentralised Energy (DE) by 2025. The programme supports others to develop and bring their DE projects to market.
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Minor Alterations to the London Plan
1. MINOR ALTERATIONS TO THE
LONDON PLAN
HOUSING STANDARDS
Jennifer Peters- Strategic Planning Manager
2. CONTEXT
London Plan March 2015 (FALP) para 0.16F
“…as a result of changes proposed in the Government’s
Housing Standards Review, the Mayor will bring forward
additional alterations to the London Plan in early 2015
to reflect Government housing standards.”
MINOR ALTERATIONS TO THE LONDON PLAN
HOUSING STANDARDS
3. The housing standards review was
launched in October 2012.
The rationale:
•Reduce the burden on new housing
developments by simplifying and rationalising
the large number of standards that local
authorities apply to new homes; and
» Ensure that new homes are of
high quality, accessible and
sustainable.
HOUSING STANDARDS REVIEW
BACKGROUND
4. • Following consultation on the technical
standards - on 25th
of March 2015 Government
issued;
• A ministerial statement- new national approach
to the setting of standards,
• Associated Approved Documents (water and
access), and
• Nationally Described Space Standards.
Together these are known as the new national
technical standards.
BACKGROUND CONT.
5. The London Plan has included space standards
since 2011 and accessibility standards since
2004.
The Mayor worked closely with Government to
ensure that, as far as possible, national
standards reflected the needs of Londoners.
BACKGROUND CONT.
6. • The Government’s ‘optional’ standards (access,
water and the nationally described space
standards) need to be adopted through planning
policy to be applied.
• The London Plan is part of borough’s
development plan.
• If they are not adopted – no space standards
and only basic building regulations will apply.
- However, transition arrangements are in place
where standards are already in adopted Plans
IMPLEMENTATION
7. From October 2015 existing standards relating to
access, space and water have to be interpreted
by reference to the nearest equivalent national
standards.
To aid implementation the Mayor has published a
Housing Standards Policy Transition Statement
which sets out how existing London housing
standards should be applied from October 2015
until such time that the Government’s housing
standards are adopted.
TRANSITION
8. • This helps applicants know what standards they
need to meet in applications submitted now
where they are unlikely to be decided before
October.
• Reserved matters applications?
TRANSITION - CONT
9. The NPPG states;
•authorities will need to gather evidence to determine
whether there is a need for additional standards in their
area; and
•authorities should consider the impact of using the
standards as part of their local plan viability assessment.
Evidence on need and viability has been
published alongside the alteration.
NEED AND VIABILITY
10. Need study “demonstrates a clear need for the
inclusion of housing standards within the London
Plan. They are a necessary mechanism to ensure
that housing is sustainable and of high quality whilst
offering the space and flexibility required to
accommodate the demands of a rapidly growing and
aging population in a high density city facing distinct
climate challenges”
Viability -“overall outcomes of the viability testing
indicate that the introduction of the new housing
standards do not represent a significant determinant
in the viability and delivery of housing development
in london”.
EVIDENCE
11. POLICY 3.5 QUALITY AND DESIGN OF
HOUSING DEVELOPMENTS
Policy 3.5 is updated to
reference the new
optional building
regulations for access
and water efficiency
and the nationally
described space
standards.
12. Difference to current London
Plan;
•GIAs for some houses
smaller.
•Ceiling height minimum
lower.
MALP adopts the nationally
described space standards
but ‘strongly encourages’ a
minimum ceiling height of
2.5m for at least 75% of the
dwelling.
NATIONALLY DESCRIBED
SPACE STANDARDS
Number
of
bedrooms
Number
of bed
spaces
Minimum GIA (m2
) Built-in
storage
(m2
)
1 storey
dwellings
2 storey
dwellings
3 storey
dwellings
1b 1p 39 (37)* 1.0
2p 50 58 1.5
2b 3p 61 70 2.0
4p 70 79
3b 4p 74 84 90 2.5
5p 86 93 99
6p 95 102 108
4b 5p 90 97 103 3.0
6p 99 106 112
7p 108 115 121
8p 117 124 130
5b 6p 103 110 116 3.5
7p 112 119 125
8p 121 128 134
6b 7p 116 123 129 4.0
8p 125 132 138
13. Approved Document Part M – Domestic
Three Categories-
•M4 (1)-Category 1: Visitable dwellings [basic]
•M4 (2) -Category 2: Accessible and adaptable
dwellings [optional]
•M4 (3)-Category 3: Wheelchair user dwellings
[optional]
- Wheelchair accessible
- Wheelchair adaptable
-ONLY ONE M4 regulation can apply to a
dwelling.
ACCESS – ‘OPTIONAL’ STANDARDS
14. Access- updated to reflect optional building regs-
but essentially keeping our current approach.
•90% of new housing required to meet Building
regulation M4 (2) ‘accessible and adaptable
dwellings’
•10% of new homes required to meet Building
regulation requirement M4 (3) ‘wheelchair user
dwellings’.
-M4(2) requires step free access
- Viability impact
- Impact on service charges
POLICY 3.8 CHOICE
15. Current London Plan approach considered to be
inline with the national approach and will help
ensure continued investment in low carbon energy
technologies in London.
Figures recalibrated to reflect 2013 Building
Regulations.
POLICY 5.2 MINIMISING
CARBON DIOXIDE EMISSION
16. Introduces stepping stone
target to zero carbon for
non-residential
development.
Evidence -Feasibility and
viability study.
Introduces the Mayor’s
preferred approach to
‘allowable solutions’ – from
2016.
These changes are not related to the housing
standards review.
POLICY 5.2 CONT.
17. • Implication of the Government’s removal of the
2016 zero carbon homes target?
FIXING THE FOUNDATIONS
18. Policy 5.3 Sustainable Design and Construction
•Policy and supporting paragraphs updated to
remove reference to Code for Sustainable Homes.
Policy 5.15 Water use and Supplies
•Policy updated by footnote to align the water
consumption with the optional Building
Regulations.
OTHER CHANGES
19. Integrated impact assessment (IIA)
•Overall the proposed Minor Alterations will have
a positive effect especially on social and
environmental objectives
IMPACT ASSESSMENT
20. • Scheduled for October
• Range of consultation responses
• Draft Matters on our website – broad range of
questions – including;
• Paragraph 3.32A refers to the standards being sound ‘in
terms of need and viability’. Is the evidence in the
documents entitled ‘Viability Assessment’ and ‘Evidence
of Need’ sufficiently robust? And
• f. Are paragraph 3.36 and Table 3.3 sufficiently
aspirational?
EIP
21. HOUSING STANDARDS MINOR ALTERATIONS
questions
MINOR ALTERATIONS TO THE LONDON PLAN
HOUSING STANDARDS
Editor's Notes
We carried out an IIA which has been published alongside the MALP this found.