Issue - meetings

Report of Executive Director for Place and Growth

Purpose of report

To seek approval of the Developer Contributions Supplementary Planning Document (SPD) so that it can be presented to Council for adoption.

Recommendations

The meeting is recommended:

 1.1        To note the responses to consultation summarised in the Consultation Statement presented at Appendix 3.

1.2         To approve the final draft of the Developer Contributions SPD as presented at Appendices 1 and 2 and incorporating the changes summarised at paragraph 3.9 of this report.

1.3         To recommend to Council that it adopts the final draft of the Developer Contributions document as a statutory Supplementary Planning Document under the Town and Country Planning (Local Planning) (England) Regulations 2012.

1.4         To authorise the Executive Director for Place and Growth to make any necessary minor changes to the final draft of the SPD before the meeting of the Council.

Resolved

(1)          That the responses to the consultation summarised in the Consultation Statement be noted.

(2)          That the final draft of the Developer Contributions Supplementary Planning Document (annexes to the Minutes as set out in the Minute Book) incorporating the following changes:

·         Clarification on the role of the SPD in the absence of a CIL Charging Schedule.

·         Clarification on the role of ‘payments in kind’.

·         Textual changes to financial viability requirements generally and more specifically in relation to affordable housing.

·         Additional cost information relating to cemetery provision.

·         The introduction of new and updated requirements related to the provision of primary care infrastructure (provided by the OCCG).

·         Introduction of a new requirement for capital contributions where development results in the need for additional waste recycling capacity (capital costs).

·         A new sub-section on ‘Heritage’.

·         A general review of the ‘Procedures’ having regard to representations received.

·         A general review of the infrastructure requirements having regard to representations received.

(3)          That Full Council be recommended to adopt the final draft of the Developer Contributions document as a statutory Supplementary Planning Document (SPD) under the Town and Country Planning (Local Planning) (England) Regulations 2012.

(4)          That the Executive Director for Place and Growth be authorised to make any necessary minor changes to the final draft of the SPD before the meeting of the Council.

The Executive Director for Place and Growth submitted a report to seek approval of the Developer Contributions Supplementary Planning Document (SPD) so that it can be presented to Council for adoption.

Resolved

(1)          That the responses to the consultation summarised in the Consultation Statement be noted.

(2)          That the final draft of the Developer Contributions Supplementary Planning Document (annexes to the Minutes as set out in the Minute Book) incorporating the following changes:

·         Clarification on the role of the SPD in the absence of a CIL Charging Schedule.

·         Clarification on the role of ‘payments in kind’.

·         Textual changes to financial viability requirements generally and more specifically in relation to affordable housing.

·         Additional cost information relating to cemetery provision.

·         The introduction of new and updated requirements related to the provision of primary care infrastructure (provided by the OCCG).

·         Introduction of a new requirement for capital contributions where development results in the need for additional waste recycling capacity (capital costs).

·         A new sub-section on ‘Heritage’.

·         A general review of the ‘Procedures’ having regard to representations received.

·         A general review of the infrastructure requirements having regard to representations received.

(3)          That Full Council be recommended to adopt the final draft of the Developer Contributions document as a statutory Supplementary Planning Document (SPD) under the Town and Country Planning (Local Planning) (England) Regulations 2012.

(4)          That the Executive Director for Place and Growth be authorised to make any necessary minor changes to the final draft of the SPD before the meeting of the Council.

Reasons

Public consultation on a revised draft Developer contributions SPD occurred between 23 November 2017 and 21 December 2017. The results of that consultation have been considered in producing a final document for approval. Upon approval by the Executive it is intended that the document be presented to Council for adoption as a Supplementary Planning Document (SPD). As an SPD the document will have statutory status as planning guidance. It does not establish Development Plan policy which is the role of the Council’s Local Plans.

Alternative options

Option 1: Not to approve the Developer Contributions SPD and seek changes.

Officers consider that the SPD has been prepared in accordance with the relevant legislation. The adopted Cherwell Local Plan 2011-2031 sets the planning framework up to 2031 with the SPD providing a further level of detail to guide development. Significant changes may require further consultation.

Option 2: Not to approve the Developer Contributions SPD and to rely on the current Draft Planning Obligations SPD (July 2011).

The Draft Planning Obligations SPD (July 2011) is now out of date, it carries little weight in decision making and its continued use will potentially make it more difficult for the Council to secure S106 developer contributions in the future. Not approving the new SPD will create uncertainty about the Council’s requirements for developer contributions.