It is not possible to produce a definitive list covering all planning applications. However, there are certain types of infrastructure provision (or a financial contribution in its place) that are regularly required. Reference should also be made to relevant Supplementary Planning Documents (SPDs), which are adopted council policy, including formulae used to calculate commuted sums. These include thresholds, indicating the minimum size of development above which planning obligations will be normally necessary. In summary, taking account of both the SPDs and government guidance, the minimum thresholds are as follows:
- affordable housing - 11+ new dwellings.
- green space, play, and sports facilities - 11+ dwellings and for certain types of communal residential accommodation where the floorspace exceeds 1,000 sqm (also dependent on an assessment of local need).
- education facilities - 25+ dwellings, or 15+ dwellings in rural parts of the borough, (also dependent on an assessment of local need).
- transport - there is no SPD or any set threshold, so improvements to facilities or financial contributions will be sought depending on specific circumstances, but are normally only likely to be required on larger-scale developments
For more detailed guidance, including whether infrastructure shall be provided on-site or off-site with a financial contribution, reference should be made to the relevant SPD. Before a planning application is submitted, it is also recommended that it is discussed with planning officers and possibly the relevant statutory provider of the infrastructure who would benefit. These discussions can be used to agree informally on the planning obligations which may be applicable in each case, as well as the amount payable for any commuted sums. It should be noted that we normally charge for pre-application planning advice.
If the applicant is seeking to establish that the Section 106 costs would render the development unviable, then this would have to be substantiated by submitting a viability assessment with the planning application.
Proof of ownership should be submitted with the draft unilateral undertaking/section 106 agreement. This should be by way of up to date official copies of the register and title plan from the HM Land Registry for registered land or an epitome of title (copies of the title deeds) for unregistered land.