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Section 106 Planning Obligations
What are Section 106 Planning Obligations?
Section 106 Planning Obligations, or planning agreements, are legal agreements negotiated between local planning authorities and developers in the context of a grant of planning permission. They are intended to make development proposals acceptable, which might otherwise be unacceptable, and provide a means to ensure that a proposed development contributes to the creation of sustainable communities, particularly by securing contributions towards the provision of infrastructure and facilities, for example Affordable Housing and Education.
All planning obligations must meet the three statutory tests:
- 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.
The District Council's approach to securing Section 106 obligations is contained in a Planning Obligations Developer Guidance Note
There are two supporting documents associated with the guidance note
1. The document Provision for Open Space Sport and Recreation provides details of the arrangements for assessing contributions to open space
2. The document Community Facilities and Developer Contributions, provides additional evidence to support the case for developer contributions to local indoor community and sports facilities
The council has also produced guidance on affordable housing commuted sums
Section 106 Funding
The Section 106 grants process has recently been reviewed and a new process has been adopted. There are two grants windows per year.
All applications go through a 12 week grants scoring process, involving an officer grants panel, followed by a member grants panel, with final sign off for funding from the Executive Committee at Harborough District Council.
The first round of funding is now closed. The applications are currently going through the scoring process and the final decision will be confirmed after the Executive meeting on Monday 4th November. Applicants will be informed shortly after the Executive meeting with regards to the success of their application by letter.
The second round of applications for this financial year will open from Monday 2nd December. This application window closes at noon on Monday 13th January. The Executive Meeting will take place on Monday 24th March.
Grants will be scored consistently against a scoring sheet with weighted criteria associated with Section 106 funding.
Successful applicants will be asked to sign a terms and conditions document for accepting the funding. On receipt of this signed document, payments will be made, preferably by BACS (details given on application form) or cheque.
Parishes who currently can apply for Section 106 funding are:
- Broughton Astley
- Great Bowden
- Great Glen
- Little Bowden
- Market Harborough
- North Kilworth
Complete aSection 106 grant application form.
Grant application guidance notes have also been written to assist with grant application. We strongly recommend that you refer to these when completing your form.
There is additional support available from the Parish Liaison Officer to assist groups in submitting quality applications as well as helping them to identify areas where research/consultation could promote their application.
For further information please contact H.email@example.com
Community Infrastructure Levy
From April 2010, local planning authorities have been given the power to apply a Levy on all new development to help fund local infrastructure, rather than rely on individual planning agreements. .
Councils must spend income from the levy on infrastructure to support the development of the area but they can decide what infrastructure to spend it on and it can be different to that for which it was originally set.
Harborough District Council approved the principle of introducing a Community Infrastructure Levy in June 2011. Using the Infrastructure Schedule as tabled in the Councils recently adopted Core Strategy as the basis , we are now gathering additional evidence on development viability to explore the setting of a Levy during 2012. This page will be updated during 2012 to publish key documents and view progress on its development.
When and if a Levy is introduced, Section 106 agreements will continue to be made but will only apply to site specific matters.
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