Hello,
Does anyone have any views on how the highlighted section of the NPPG
below should be applied to policy formation? How far do local plan
policies now have to go in terms of setting out planning obligations
in their policies?
Where
should policy on seeking planning obligations be set out?
Policies for planning obligations should be set out in plans and
examined in public. Policy requirements should be clear so that they
can be accurately accounted for in the price paid for land.
Such policies should be informed by evidence of infrastructure and
affordable housing need, and a proportionate assessment of viability. This
evidence of need can be standardised or formulaic (for example
regional cost multipliers for providing school places. See the
guidance from the Department for Education on ‘Securing
developer contributions for education’. However, plan makers
should consider how needs and viability may differ between site
typologies and may choose to set different policy requirements for
different sites or types of development in their plans.
It is not appropriate for plan-makers to set out new
formulaic approaches to planning obligations in supplementary
planning documents or supporting evidence base documents, as
these would not be subject to examination.
Whilst standardised or formulaic evidence may have informed the
identification of needs and costs and the setting of plan policies,
the decision maker must still ensure that each planning obligation
sought meets the statutory tests set out in regulation
122. This means that if a formulaic approach to developer
contributions is adopted, the levy can be used to address the
cumulative impact of infrastructure in an area, while planning
obligations will be appropriate for funding a project that is directly
related to that specific development.
Planning obligations assist in mitigating the impact of development
which benefits local communities and supports the provision of local
infrastructure. Local communities should be involved in the setting of
policies for contributions expected from development.
See related guidance: Viability and Plan-making
Paragraph: 004 Reference ID: 23b-004-20190901
Revision date: 01 09 2019 See previous version
Thanks,
Corin
