SLP KDBH Extracts - Flipbook - Page 152
488.
There will be a need for both public and private sector investment in capital infrastructure
and revenue streams to support development. The Council will carry out its statutory duties
and work with lead delivery partners to optimise the use of its assets and bid for public sector
funding from national, regional, strategic and local grants.
Viability
489.
Information regarding the expected contributions associated with this Policy is set out in the
Planning Obligations and Standards of this Local Plan. This has been subject to scrutiny
through the Local Plan Viability Study and meets the requirements of the national Planning
Practice Guidance. National guidance is clear that where up-to-date policies have set out the
contributions expected from development, planning applications that comply with them
should be assumed to be viable.
490.
However, there may be exceptional circumstances which mean the planning obligations and
polices render a development, which otherwise positively contributes to the delivery of the
Local Plan, unviable. 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.
491.
The weight given to any viability assessment submitted alongside a planning application will
be a matter for the Local Planning Authority and will only be considered where there are
costs associated with a particular site which could not have been envisaged at the Planmaking stage or where circumstances have changed since the plan was brought into force.
492.
The Viability Assessment should be undertaken in accordance with the RICS Guidance Note
on “Financial Viability in Planning” or any updates of this guidance. The Viability Assessment
will be reviewed by the Council, however where conflicting views remain an independent
viability specialist may be appointed by the Council at the applicant’s expense in order to
reach an agreed position.
Section 106 obligations
493.
Planning obligations or ‘Section 106 agreements’ may be entered into by developers as part
of the development process. They are used to mitigate the impact of development, to
compensate for the loss of or damage to specific features, or to prescribe the form of
development and will be:
Necessary to make the development acceptable in planning terms
Directly related to the development; and
Fairly and reasonably related in scale and kind to the development
494.
Planning obligations will continue to be used to ensure the site specific mitigation measures
required in connection with a proposed development are properly and timely secured. The
pooling restriction on planning obligations has been lifted through the 2019 amendment to
the CIL Regulations. The Infrastructure Funding Statement (see below) sets out the priorities
for Section 106 obligations and CIL.
Community Infrastructure Levy (CIL)
495.
The Council adopted its CIL Charging Schedule in 2016 and relevant planning permissions
that are now granted are liable to the levy. As part of the viability work for the Local Plan
Review, the CIL charging schedule is under review to ensure the levy supports the viability of
site delivery.
496.
CIL will contribute to the provision of strategic infrastructure and that which arises from a
larger number of incremental developments. CIL will also have an important role to play in
assisting local communities to fund the infrastructure projects they wish to prioritise. This will
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