Developer Contributions SPD

Ended on the 22 February 2020

Appendix 1 - Local Plan Policies

Plan Delivery Policies

DM1 Infrastructure Contributions

Development will be expected to provide, or contribute towards provision of:

Measures to directly mitigate its impact and make it acceptable in planning terms, and
Physical, social and green infrastructure to support the needs associated with the development.

Infrastructure and mitigation measures will be provided in a timely manner to support the objectives of the Plan.

The Council will, where appropriate, seek to secure site-specific infrastructure investments and / or contributions as well as off-site contributions and / or investments. The nature and scale of these will be related to the form of development and its potential impact on the site and surrounding area.

The cumulative impact of developments will also be taken into account.

Developer contributions in the form of Planning Obligations and / or Community Infrastructure Levy (CIL) will contribute towards strategic infrastructure required to support the overall development in the Plan.

The Council will work in partnership with infrastructure providers and other delivery agencies in updating the Infrastructure Delivery Plan to ensure an up to date evidence base regarding infrastructure requirements and costs is maintained.

Explanatory Text

6.1 New development places pressure on existing infrastructure, such as schools, roads, open spaces, sports facilities, health facilities, emergency services and community halls. It is therefore important that new development proposals provide for or, contribute towards, investment in infrastructure. This is key to ensuring that cohesive communities and a good quality of life are achieved for both existing communities and emerging communities.

6.2 This policy seeks to support policies elsewhere within the Local Plan to ensure that appropriate mechanisms are in place to secure these contributions. The Community Infrastructure Levy

(CIL) will be a key part of this. CIL contributions will be required from all viable development types (except those exempted within the CIL scheme) to contribute towards strategic offsite infrastructure. In parallel with the CIL scheme, contributions will also be sought towards the provision of on-site infrastructure and other offsite infrastructure that is not included with the CIL Regulation 123 list. This will be negotiated through planning obligations (e.g. section 106 agreements).

6.3 It is important that the cumulative impacts of all the development proposed in this Plan are taken into account in agreeing contributions. Some infrastructure impacts occur as a result of an accumulation of development. For instance, it may be the case that a particular development does not in itself trigger the need for a new road junction, but in combination with other developments a new road can be demonstrated as necessary. In this case, it is important that all developments contribute, not just the development that comes forward at the time the junction requirement is triggered. For this reason, the cumulative impacts of development will be considered in calculating appropriate levels of infrastructure contributions.

6.4 A key aspect of this policy will be the Infrastructure Delivery Plan (IDP). This will set out what infrastructure is required, when it is required, how much it will cost and what part of the overall cost will require contributions from development. It is important that this is kept up to date along with the evidence base that informs the IDP.

DM2 Assessing Viability

Developments will be expected to comply with the policies set out elsewhere in this Plan (including those polices that refer to the provision and funding of infrastructure), unless it can be demonstrated that the policies will result in the development being unviable.

Applicants should discuss viability concerns with the Council at the earliest possible stage in the development process.

Proposals that are unable to comply with the Plan's policies on viability grounds must be accompanied by a detailed Viability Assessment. The Viability Assessment will be independently reviewed by a viability specialist appointed by the Council at the applicant's expense.

Where the Viability Assessment demonstrates that the Plan's policies are likely to impact on the viability of a proposal, the applicant should discuss the implications of this with the Council.

Explanatory Text

6.5 National planning policy requires that careful attention is given to viability and the costs of development. For plans to be deliverable, development must be viable and should not be subject to obligations and policy burdens that undermine viability. Development should provide competitive returns to a willing landowner and willing developer.

6.6 The Council has undertaken a viability assessment of the proposals in this Plan, including requirements for affordable housing and development standards. The viability assessment has also been cross-referenced to the likely infrastructure costs associated with the Plan. This work indicates that as a whole, the Plan's proposals are viable; in the main, development proposals should be able to comply with the policies of the Plan and contribute to the costs of infrastructure through the CIL scheme without threatening viability.

6.7 However, specific circumstances may arise that mean planning obligations and policies make a development unviable that would otherwise contribute positively to the delivery of the Plan. In these cases, applicants will be expected to demonstrate how planning obligations and policies result in the development being unviable by preparing a Viability Assessment. The Viability Assessment should be undertaken in accordance with the RICS guidance note on "Financial Viability in Planning" or any updates of this guidance.

6.8 The Council will appoint a viability specialist to undertake an independent review of the Viability Assessment. Where this independent review supports the case that planning obligations and policies will result in the development being unviable, the Council will negotiate with applicants to agree which policies or planning obligations will be compromised and to what extent. The applicant will be required to fund the independent review of the Viability Assessment

Delivery and Monitoring

DELIVERY AND MONITORING ACTIVITIES

Area of Activity

Description of Activity

An on-going assessment of Plan viability

Factors affecting the viability of the Plan and the delivery of specific proposals within the Plan will be monitored on an annual basis. This will include changes to land values, the housing and the employment markets, development costs and the impact of the planning obligations and policies associated with this Plan. Where these factors indicate a significant change, the Plan Viability Assessment will be reviewed. This in turn will inform the need to review the CIL scheme and the policies of the Plan

Development Plan Documents to align with this Plan

Within the Plan period, the Council will seek to adopt three Development Plan Documents to align with the Plan:

Gypsy and Traveller Site Allocations DPD
Canalside DPD
Leamington Town Centre Area Action Plan

Development Briefs and Supplementary Planning Documents

To support the delivery of the Plan, the Council will review or adopt Development Briefs and Supplementary Planning Documents / Guidance in relation to the following:

Parking Standards;
Residential Design;
Affordable Housing;
Sustainable Buildings;
Green Space;
Health Impacts (in conjunction with Public Health);
East of Kenilworth Development Brief;
Whitnash East / South of Sydenham Development Brief.

An Infrastructure Delivery Plan

An Infrastructure Delivery Plan (IDP) will be prepared and maintained, setting out:

Infrastructure requirements associated with the Plan and any DPDs prepared that align with this Plan
The costs of infrastructure requirements
Sources of funding for infrastructure
Infrastructure delivery mechanisms and responsibilities
The IDP will be supported by a sound evidence base, prepared and maintained in partnership with infrastructure providers
The IDP will be reviewed on at least a biannual basis to take account of updated evidence, changing opportunities and requirements and market forces

DELIVERY AND MONITORING ACTIVITIES
Area of Activity	Description of Activity
The potential to use compulsory purchase orders to bring forward essential elements of the Plan	The Council will consider the use of compulsory purchase order (CPO) powers to ensure land is available to deliver essential infrastructure and other essential elements of the Plan
Ongoing work relating to duty to co-operate	The Council will continue to co-operate with other councils and bodies to ensure that cross-border issues of strategic significance are addressed. This will cover a range of issues including housing provision, employment land, green belt and infrastructure planning and delivery.
Neighbourhood Plans	The Council will support the preparation and adoption of Neighbourhood Plans. Neighbourhood Plans should be in general conformity with the policies and proposals in this Local Plan In particular, they should conform with, and plan positively to support, the policies set out in the Development Strategy chapter of this Local Plan. On adoption of the Local Plan, the Council will provide further guidance to neighbourhood planning groups relating to strategic policies in the Local Plan. Where Neighbourhood Plans come forward and are "made", they will be encompassed as part of the Development Plan for the area. In recognition of the importance of neighbourhood plans to local people and places, the Council will give weight to policies within "made" neighbourhood plans in line with national policy, including ensuring that non-strategic policies set out in neighbourhood plans take precedence over Local Plan policies where these are in conflict. The Council will ensure that priorities identified in neighbourhood plans for enhancing or providing new facilities will be aligned with the infrastructure delivery plan. Information on local infrastructure requirements will be established, reviewed and updated alongside the district-wide Infrastructure Delivery Plan. In accordance with national regulations, a meaningful proportion of CIL funds will be passed to the relevant parish or spent by the District Council on behalf of the community in which the development is located.
Reviewing the Plan	Throughout the Plan period, the Council will monitor evidence and issues that could render the Plan out of date and as a result could trigger a review or partial review. The circumstances in which the Plan will be reviewed are set out in Policy DS19. Policy DS19 also commits the Council to undertaking a comprehensive review of circumstances before 31st March 2021 to assess whether a partial or full Plan review is required.

The development management process

The process for determining planning applications is central to the delivery of the Local Plan. Planning applications will be determined in accordance with the policies and proposals in this Plan and national planning policy. To aid the process for determining planning applications, applicants should understand the relevant sections of the Plan and any support documents and guidance and should ensure that proposals comply with the proposals and policies prior to submission. To assist in this, the Council welcomes pre-application discussions. Where proposals do not accord with the Plan's proposals and policies they will not normally be approved.

Monitoring the Local Plan

The delivery and impact of the Plan's proposals and polices will be monitored on an annual basis. This information will be collated and presented in an annual monitoring report. The annual monitoring data will be used to assess the ongoing effectiveness of the Plan and to inform decisions about the need to review the Plan and associated documentation.

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