section 106 overview tony melia – section 106 officer
TRANSCRIPT
Section 106 Overview
Tony Melia – Section 106 Officer
Introduction
• What is a Section 106 Agreement?– Legally binding agreement between a developer and the Council.– Necessary to make development acceptable in planning terms.
• Planning obligations can be used to:– Prescribe the nature of development.– Compensate for loss or damage created by a development.– Mitigate a development’s impact.
• Who Decides a Section 106 Agreement– Planning Obligations Supplementary Planning Document (2007) contains
calculations per bed space.– Planning and Transport Regulatory Panel approve ‘Heads of Terms’.
Types of Contributions
Planning Obligations Supplementary Planning Document 2007
• Provision of open space associated with new residential development.• Public realm, infrastructure and heritage.• Construction Training• Climate Change
• Affordable Housing• Transport
Requirements of Section 106
Circular 05/2005 - A planning obligation must be:
1. Relevant to Planning
2. Necessary to make the proposed development acceptable in planning terms
3. Directly related to the proposed development
4. Fairly and reasonably related in scale and kind to the proposed development
5. Reasonable in all other aspects.
Section 106 Progress
• Revised Process for the Allocation of Section 106 Contributions
– Approved 8th September 2009.
– One Directorate System.
– Section 106 spend authorised by the Lead Member for Planning or the Strategic Director for Sustainable Regeneration in line with the constitution and standing orders .
• Transparency
– Community Committee Road Show.
– Section 106 Web Pages.
• Monitoring
– Installation of Planning Obligations Management System.
– Community Committee Reports.
– Standardised Section 106 Agreements.
Revised Allocation Process
Section 106 Agreement
Section 106 Agreement
•CAP’s,•Green space Strategy,•Salford West Framework•Members Representation
•CAP’s,•Green space Strategy,•Salford West Framework•Members Representation
•Negotiated in line with Planning obligations SPD.
•Approved by Planning Panel
•Members are able to make representations to Panel in relation to applications where a Section 106 Agreement is required
Section 106 contributions received in key stages of
developments life
Scheme to mitigate impacts of development identified from within
relevant strategies/plans
Scheme to mitigate impacts of development delivered
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