Waverley Borough Council

Planning Infrastructure Contributions

From 6 April 2015, Community Infrastructure Levy (CIL) Regulation 123 will restrict the use of pooled contributions towards infrastructure that will, in the future, be funded by the CIL itself. From that date, ‘Section 106’ planning obligations cannot be requested to fund a specific infrastructure project, or type of infrastructure, if five or more obligations have already been entered into since 6 April 2010 for that type of project.

The effect of this amendment will be that the Council can no longer collect tariff-style contributions from developers in accordance with the Planning Infrastructure Contributions (PIC) Supplementary Planning Document.

The Council’s validation list for planning applications has been updated to reflect this.

Further guidance is given in the National Planning Policy Guidance, “Is there a limit on the pooling of Section 106 contributions?”

From 6 April 2015, developer contributions for infrastructure projects or types can only be requested –

(i)  on a site-specific basis at the request of the infrastructure provider ;

(ii) where the infrastructure provider can confirm that the request meets the pooling limit of no ore than five permissions/obligations since  6 April 2010; and

(iii) in according to the thresholds introduced by revised guidance in November 2014 (below)

Schemes of more than 10 units  Schemes of 6 to 10 units  Schemes of 5 or fewer units
Contributions will be sought in accordance with existing national and local planning policies Contributions will be sought in accordance with existing policies -
  • where the combined gross floorspace of the development exceeds 1,000 sq m; or
  • if the gross floorspace of the development is 1,000 sq m or less, only for sites that are within the AONB. In such cases, contributions will be in the form of a cash payment that is commuted until after completion of the development.
Contributions will only be sought to fund measures to facilitate development that would otherwise be unable to proceed because of regulatory or EU Directive requirements

In accordance with the requirements set out in CIL Regulation 122(2), the obligation must be -

  • necessary to make the development acceptable in planning terms;
  • directly related to the development; and
  • fairly and reasonably related in scale and kind to the development.

Advice for applicants

Please submit the following with your planning application:  

  1. a draft unilateral undertaking in the appropriate format (see the model legal agreements (unilateral undertakings)
  2. If necessary, Land Registry title number/s or up to date title register and plan for the application site (and other land if the planning obligation relates to land outside the application site)
  3. Fee for reviewing the Unilateral Undertaking (see below)

The applicant landowner, mortgagee and any person with a legal interest in the application site, WILL be required to be a party to the undertaking. If applicants want to prepare the undertaking themselves, there will be a standard fee of £250 per undertaking for the Council's Legal Services team to review the document and check title.

It is recommended that you initially provide the draft Undertaking in Microsoft word format form before you submit the final signed version. Please ensure that the final signed Undertaking is returned to Legal Services AT LEAST ONE WEEK prior to determination of the application or it could result in a refusal of the application.

Alternatively, the Council's Legal Services team can undertake the legal work on your behalf and prepare an undertaking for signature by all parties. The fee for doing this is £250 per undertaking, and you should submit the legal fee with your planning application together with up-to-date copies of your Land Registry title register and plan.

In the event that there are particular complexities in reviewing or drafting a Unilateral Undertaking, then the legal fee may be increased at the Council's discretion. Please contact the Legal Services team in advance for an estimate of the cost of preparing or reviewing a bespoke planning obligation

Exceptions

  • No contribution required for temporary dwellings, replacement dwellings or affordable housing.
  • No Education Contribution for 1 bedroom dwellings (from 14th December 2009).
  • No Equipped and Casual Play Space contribution for 1 bedroom dwellings.
  • No Secondary Education Contribution for dwellings in the following parishes (please note this may be subject to change): Alfold, Bramley, Busbridge, Cranleigh, Dunsfold, Ewhurst, Godalming, Hambledon, Hascombe, Witley and Wonersh.
  • Gypsy Sites - All gypsy sites are assumed to be 2 bedroom units. The Caravan Act allows caravans to be replaced without needing consent within certain dimensions.
  • Extant permission pre-tariff (April 2008) - Where an extant permission exists on a site which was not subject to the tariff and a new application is received on the same site:
    • Increase in number of dwellings or bedrooms on site - contribution for the difference.  
    • Same number of dwellings - no contribution for period up to expiry of extant permission, but clause in Unilateral Undertaking to contribute if commencement of development is after expiry.

Thames Basin Heaths Special Protection Area Avoidance Strategy and Hindhead Avoidance Strategy

The changes to the infrastructure contributions system do NOT apply to contributions required to mitigate the effects of development on the Thames Basin Heaths and Wealden Heaths SPAs. Such mitigation remains necessary in accordance with the EU Directive.

These notes are for guidance only and are subject to review. Applicants are advised to contact the Council's Planning Services on 01483 523## for more information.

 

These notes are for guidance only and are subject to review. Applicants are advised to contact the Council's Planning Services on 01483 523385 for more information.

Page owner: Jennie Falconer. Last updated: 23/04/2015 15:00