Planning Obligations and the introduction of the Community Infrastructure Levy Practice Note From 15 July 2013 the Community Infrastructure Levy (CIL) is being implemented in Norwich. This affects the collection of developer contributions secured by a planning obligation made under Section 106 of the Town and Country Planning Act 1990 (section 106 agreements). Funding for strategic infrastructure previously provided for from section 106 agreements has been replaced by CIL. However, in certain limited circumstances set out below, it is still appropriate for developers to provide site specific contributions for on-site or near site infrastructure required directly as a result of the development through section 106 agreements. The following table identifies which Supplementary Planning Documents (SPDs) have been affected by these changes and identifies when section 106 payments are and are not required. Planning obligations do not apply to the other SPDs and these are not affected by the adoption of CIL. This table should be read in conjunction with the adopted Regulation 123 list for Norwich (see appendix 1). The Regulation 123 list is the annually updated list of strategic infrastructure projects to be funded or part funded through CIL. The purpose of the Regulation 123 list and this table is to clarify the situation in relation to contributions made through Planning obligations (which include section 106 or Unilateral undertakings) and payments through CIL and to ensure that there is no duplication. SPD Open space and play provision RLP policies SR1, 2, 4 and 7 Relevant paragraphs Paragraphs 12, 22, 25, 31-37, and annex no longer apply. Requirements Open Space As per submitted policy DM8, development on windfall and allocated sites of 100 dwellings and above or over two hectares in size will be required to provide for informal publicly accessible recreational open space on site as an integral part of the overall design and landscaping of the development in addition to CIL payments. Smaller sites will provide for open space off-site through CIL. Strategic open spaces will be provided for through CIL as part of the green infrastructure network (see appendix 1). Maintenance of any on-site space needs to be secured. The Council may adopt such land and in such cases will require maintenance payments. This will be negotiated on a case by case basis. Play As per submitted policy DM8, sites which provide 100 child bed spaces or more should include the on-site provision of younger children’s playspace unless there is a play area of equivalent standard within 400 metres walking distance of the site. In these circumstances, developers will be expected to provide for the improvement of the established play area through a planning obligation. The extent of the improvements will be dependent on the additional playspace needs arising directly from the development. Maintenance of any on-site play space needs to be secured. The Council may adopt such land and in such cases will require maintenance payments. They will be negotiated on a case by case basis. Smaller sites will provide for open space off-site through CIL. Strategic play space such as skate parks will be provided for through CIL. SPD Trees and Development RLP policies NE4 Relevant paragraphs 31 to 33 re obligations continue to apply Requirements Heritage Interpretation TVA8 33 re obligations continues to apply Transport TRA 10 Transport 11 and (not 12 formally adopted) This draft SPD no longer applies Where the highway is not within the development boundary and planting is appropriate on that frontage, a commuted payment for street tree planting will be sought through a planning obligation. Strategic tree planting will be provided for through CIL as part of the green infrastructure network (see appendix 1). It is expected that heritage interpretation will be small scale and site-specific and will thus fall entirely outside CIL. Heritage interpretation measures negotiated as part of a development (including both provision and ongoing maintenance) will normally be secured through a planning condition and provided on site. Where it is not practicable to provide heritage interpretation on site, provision may be sought on an immediately adjoining site (e.g. on the footway or other public land), by means of a planning obligation. On site provision will be conditioned; Off site measures required directly as a result of the development (e.g. a new pedestrian crossing), will be secured through a Grampian Condition and subject to a Section 278 agreement; A planning obligation may be required for some on and off site provision (e.g. the provision of a car club vehicle) if not otherwise incorporated in any condition relating to a Travel Plan. Strategic transport improvements (e.g. to the bus rapid transit network) previously provided for through transport contributions will now be provided through CIL – see appendix 1) Travel plans and Transport Assessments/statements will continue to be required to support proposals. Appendix 1: Community Infrastructure Levy: regulation 123 list for 2013/14 The introduction to the adopted Section 123 list (available at http://www.norwich.gov.uk/CommitteeMeetings/Cabinet/Document%20Library/36/ REPCabinet09CommunityInfrastructureLevy20130612.pdf , see appendix 2) states: The Community Infrastructure Levy (CIL) can be used to fund the provision, improvement, replacement, operation or maintenance of infrastructure to support the development of the charging authority’s area. Under the Community Infrastructure Levy Regulations 2010, as amended, there is the provision for CIL charging authorities to publish a list of relevant infrastructure that will be funded in part or whole by the monies collected. The further purpose of this list is to let developers know where they stand in relation to contributions through Section106 [of the] Town and Country Planning Act 1990 and CIL and to ensure that there is no duplication. The list the CIL covers the following strategic infrastructure in relation to the SPDs: Transport Infrastructure Type Scheme/ project Transport* Bus rapid transit route via Dereham Road Phases 2 & 3 City Centre bus improvements phases 1, 2 & 3 Strategic cycle network Transport Transport Dependent growth locations / Projects West growth locations Overall scale of growth Open Space, Play and Trees Infrastructure Type Scheme/ project Green Infrastructure* Green infrastructure projects and open space Informal Open Space, Outdoor Sport & Play (where not provided on site as an integral part of the design of a scheme) Indoor sports provision Green Infrastructure Community facilities Dependent growth locations / Projects Overall scale of growth Norwich Norwich *These projects apply to the overall growth in the area and will have knock on impacts on other projects and growth locations. Therefore there is no duplication between the section 106 payments required in addition to CIL and the strategic infrastructure provided through CIL.
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