Section 106: Guidance on the use of planning obligations for Welsh ...

CHAPTER 4:
IMPROVING SPEED, PREDICTABILITY,
TRANSPARENCY AND ACCOUNTABILITY
Aim of the chapter
4.1 Planning obligations have been criticised for causing delays to the
planning system and being opaque and difficult to understand. The aim of
this chapter is to describe how LPAs and developers can improve the
process of negotiating planning obligations through the communication of
information and the effective use and management of teams dealing with
planning obligations.
It is important that the negotiation of planning obligations does not unnecessarily
delay the planning process, thereby holding up development. It is therefore
essential that all parties proceed as quickly as possible towards the resolution of
obligations in parallel to planning applications (including through pre-application
discussion where appropriate) and in a spirit of early warning and co-operation,
with deadlines and working practices agreed in advance as far as possible…
Local authorities may wish to consider the development of codes of practice in
negotiating planning obligations, so as to make clear the level of serve a
developer can expect, and in order to increase public confidence in the planning
obligations system.
Making use of pre-application discussions
4.2 For both applicants and LPAs it may be beneficial for obligations to be
covered in pre-application discussions where these take place. Preapplication
discussions can be an early opportunity to clarify the LPA’s
planning obligations policies in relation to the proposed development and
for the applicant to raise any questions, concerns or information that may
be relevant to negotiating an agreement. Investing time and resources at
the pre-application stage can save time and resources in the medium and
longer term and help speed up the delivery of planning obligations.
4.3 LPAs should make available sufficient information on their planning
obligations policies to enable applicants to understand clearly what type
and level of planning obligations the LPA is likely to seek from them. At
the same time applicants should ensure that they inform themselves of the
LPA’s policies and how they apply to their proposal. If this is the case, pre-
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