Bath Western Riverside Supplementary Planning Document (SPD)

3.2.7 The Council considers that this approach allows forphased delivery of the BWR redevelopment, whilstprotecting the comprehensive framework for BWR andachieving the key objectives of BWR.3.3 Developer ContributionsIntroduction3.3.1 This section on developer contributions follows theadvice contained in ODPM Circular 05/2005 onPlanning Obligations and provides detailed guidance onhow the Council will apply the following policies of theBath & North East Somerset Local Plan in relation toBWR:IMP1 (Planning Obligations)CF3 (Contributions from new development tocommunity facilities)SR3 (Childrens playing space and new development)HG8 (Affordable housing on allocated and largewindfall sites)T24 (General development control and access policy)3.3.2 As set out in para. 1.1.14, when adopted, the SPD willbe a material consideration in the determination ofapplications for planning permission and will form thebasis for planning obligations to deliver betterinfrastructure, environmental enhancements andcommunity facilities where needed at BWR.3.3.3 The Council will regularly review this guidance to takeaccount of:changes in government guidance;adoption of new development plan documents in theLDF;experience gained through negotiation ofcontributions; andchanges in the costs of providing infrastructure andcommunity facilities.3.3.4 Appendix C sets out the Planning Obligationrequirements. These are in 3 parts as follows:Affordable housingSpecific infrastructure requirements which are expectedto be provided as part of the development Formulae forPooled contributions to mitigate the effects ofdevelopment3.3.5 The use of formulae for pooled contributions enablesthe Council to set contributions on an equal basis fordifferent phases of the development, from differentdevelopers, over a period of time, in a way thatmaximises transparency, and helps to fund needsarising from the development as a whole.3.3.6 The rest of this section sets out the Government policycontext, and the Council’s approach to negotiationsand monitoring.Government Policy3.3.7 Section 106 of the Town and Country Planning Act1990 (as amended) provides for any person interestedin land to enter into certain types of obligation whetherby agreement or unilaterally. Those types of obligationare limited to:restricting the development or use of land;requiring specified operations or activities to becarried out in, on, under or over the land;requiring the land to be used in a specified way; andrequiring a sum or sums to be paid to the localplanning authority on a specified date or dates, orperiodically.3.3.8 Case law has established that there must be somegeographic or functional connection between theplanning obligation and the planning permission sought.As long as such a connection exists it is a matter forthe local planning authority to decide the weight to begiven to the obligation in determining the application.3.3.9 However, the Government has provided policyguidance, most recently in ODPM Circular 5/05 –Planning Obligations (July, 2005). The Circular reiteratesprevious guidance that planning obligations should onlybe sought where they are:relevant to planning;necessary to make the proposed developmentacceptable in planning terms;directly related to the proposed development;fairly and reasonably related in scale and kind to theproposed development; andreasonable in all other respects.3.3.10 The Circular also provides guidance on provision forsubsequent maintenance of facilities and on poolingdeveloper contributions in cases where individualdevelopments will have some impact but not sufficientto justify the need for a discrete piece of infrastructure.It also encourages local authorities to employ formulaeand standard charges as part of their framework fornegotiating and securing planning obligations. They canhelp speed up negotiations, and ensure predictability,by indicating the likely size and type of somecontributions in advance.3.3.11 In addition to Circular 5/05, guidance on the use ofplanning obligations in relation to specific aspects ofdevelopment has been provided in GovernmentPlanning Policy Statements (PPSs) and Planning PolicyGuidance Notes (PPGs).Bath Western Riverside Supplementary Planning Document 49