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

applications as the outcomes should already reflect the community’s
views. However, there may still be circumstances where public
involvement in decisions over individual planning obligations is necessary.
For example where a development has unique and/or significant impacts
on an area and where the community is in a position to draw attention to
material considerations that may have been overlooked by the LPA.
8.9 LPAs should ensure that the public are able to have access to appropriate
information concerning planning obligations proposed or likely to be
agreed so they can take a view as to the likely net impact the development
is likely to have on their community.
8.10 In the case of major planning obligations and/or where the impacts of a
development may have a particular impact on members of the community,
LPAs may wish to consider involving the public at the pre-application
stage to seek their views and involvement. Any such involvement should
be integrated within any consultation strategy to discuss all aspects of the
proposed development with the community.
8.11 In some cases it may be beneficial for developers making applications to
undertake their own consultation with the public at an early pre-application
stage to seek the views of the community and to discuss any concerns
they may have about possible impacts of the development and how they
are proposing to mitigate these through the use of planning obligations.
Before undertaking consultation the developer should be fully aware of the
LPA’s policies on planning obligations and involve the LPA and any other
relevant bodies in any such community meetings and communications.
8.12 For applications where the planning obligations involved are substantial
and/or of significant interest to the community the LPA may find it
appropriate to undertake community consultation following the application
and before any decision on the application is considered. For such
developments the LPA may also like to consider consulting the community
on how obligations will be provided to mitigate the impacts of the
development.
8.13 To give members of the community sufficient time to consider relevant
documents before LPAs take key decisions, the ODPM policy paper
Access to Information in Local Government requires LPAs to provide “at
least five clear days between reports being made publicly available and a
decision being made”. In the context of planning obligations,
documentation related to the application of interest and of relevance to the
public, including any agreed “heads of terms”, should be made publicly
available at least five days before the relevant planning committee
meeting.
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